Director of Public Prosecutions v Delphin

[2017] VCC 2034

IN THE COUNTY COURT OF VICTORIA Revised
(Not) Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-16-00063

DIRECTOR OF PUBLIC PROSECUTIONS

v

BILLIE DELPHIN

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	10 July 2017
CASE MAY BE CITED AS:	DPP v Delphin
MEDIUM NEUTRAL CITATION:	[2017] VCC 2034

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms Malobabic
For the Accused	Mr D. Cronin

HIS HONOUR:

1Billie Delphin, you have pleaded guilty to one charge of possess drug of dependence, one charge of attempt to possess drug of dependence and one charge of false imprisonment.

2The facts of the matter are set out in the prosecution statement, Exhibit 1 on the plea.  I will not refer to the facts in any detail.  They are not disputed by your counsel.  Any reader of these reasons can refer to that exhibit to place the sentence in its factual context.

3You became involved in this through your association with your boyfriend, Ronald Magilvary.  The most serious charge that you face is the false imprisonment.  You played a passive role by being present, although as it is set out in paragraph 45, you contacted Anna Boco, and when asked by her what the lowest amount of money it would take for the exchange of her brother, you replied $600.  False imprisonment is serious offending, as are the drug offences.

4You have very little in the way of criminal history.  A minor motor car matter of unlicensed driving at the Albury local court in 2011.

5This offence occurred on 22 April 2014, so of course means there is a long delay.  I am told by your counsel that you made admissions in the record of interview on the date of arrest at 15 May 2014, and on that day, made a statement implicating the co-accused, who are all to be dealt with by this court in October of this year.

6A plea offer along the lines to which you have pleaded guilty to today was sent to the prosecution, together with an offer to be witness for the prosecution in any trials against the co-accused.  That offer was rejected.  A number of trial dates were listed and on 29 May 2017, a settlement was reached along the same lines as your original offer and the plea date was then set.

7Delay is an important factor in this case.  The more than four years delay that has occurred has given you the opportunity to show to the court that this is not behaviour that you will typically commit.  You have no other criminal history.  Nothing has occurred since in the way of criminal activity.

8During that period of time, these matters have been hanging over your head and that no doubt has weighed heavily upon you, as is set out in the report of the psychologist, Gina Sedoni.

9Your plea of guilty also is important.  It is an indication of responsibility by you for your offending was made at the earliest possible opportunity and also has saved the community the cost and expense of a jury trial.

10In the report of Ms Sedoni, your family background is set out.  It has been, to some extent, an unfortunate background, but you have been able to survive that until these offences.  You have a good work history.  You are currently studying to be a community worker and will graduate from the Wodonga TAFE in December.

11Your use of cannabis is set out in that report and is something you must look at.  You have been using it since the age of 15.  You have been seeing counsellors in relation to that.  I suggest that is what you continue.

12When I come to sentence someone, I have to look at a number of things.  Punishment, general deterrence, - that is a sentence that will try and deter other people from committing this type of offending - specific deterrence - that is to try and get across to you not to do it again - rehabilitation, denunciation and protection of the community.

13I am satisfied in respect of specific deterrence that that does not play a large role here, and I am satisfied that you have good to very good prospects of rehabilitation based on your behaviour over the last four years.

14I must have regard to a range of matters, such as the seriousness of the offending, your culpability for it, your personal circumstances and those of the victim.  I am required to balance the interest of the community in denouncing criminal conduct with the interest of the community to seek to ensure as far as possible offenders are rehabilitated into society.  I express my denunciation of your behaviour.

15We have had the sentencing conversation, and during that, you have expressed your remorse for what occurred and you express concern for how the victim felt.  You must really look at that issue, how would you like it if you had been put through this?

16Taking all those matters into account, including your age, I have arrived at the following conclusions.

17Because of your otherwise good history and the fact that during the four year delay, you have been able to stay out of trouble and that you had offered to be a prosecution witness, something which the courts should encourage and in my view, I always encourage by way of a reflection in sentence.

18Taking all those matters into account, without conviction, I release you on an adjourned undertaking for a period of two years.  That is subject to these conditions:  That you be of good behaviour during the period of the adjournment and to attend court if you get a notice telling you to do so during the period of the adjournment.  You would only get such a notice if you reoffend.

19I have considered whether I should make it a condition of that bond that you attend for drug counselling.  I have decided, based on my impression of you during the conversation, that you are a responsible person who is desires of continuing on with your good behaviour.

20Thus, I place the onus on you.  It is up to you, if you do have a drug problem, if you are still using cannabis, to do something about it.  If you were to use cannabis, that is a breach of the bond because it is a criminal offence and you would come back before me, at least until May of next year and thereafter, some other judge, and be dealt with, and it might not be as leniently as had occurred today.  Do you understand that?

21OFFENDER:  Yes, Your Honour.

22HIS HONOUR:  The bond is being prepared and if you would like to take that up, Ms Cronin and see if your client wants to sign it.

23Thank you.  You have signed the bond saying you understand the effect and conditions of the order, and consent to it being made.  Is that correct?

24OFFENDER:  Yes.

25HIS HONOUR:  All right.  You may come out of the dock.  No other orders I need to make?

26MS MALOBABIC:  No, Your Honour.

27HIS HONOUR:  Mr Cronin?

28MR CRONIN:  No sir.

29HIS HONOUR:  You may come out of the dock and you may leave.  Thank you.  I am going to talk to the students, so if you would all like to vacate and I will do that.

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