Director of Public Prosecutions v Diu

[2024] VCC 1298

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

AP-24-0779

CR-21-01667

DIRECTOR OF PUBLIC PROSECUTIONS

v

KEAK DIU

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	13 August 2024
DATE OF SENTENCE:	13 August 2024
CASE MAY BE CITED AS:	DPP v Diu
MEDIUM NEUTRAL CITATION:	[2024] VCC 1298

REASONS FOR SENTENCE

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Subject:Appeal – contravention of CCO - sentencing

Catchwords:          

Legislation Cited: 

Cases Cited:

Sentence:Appeal: Magistrate’s orders re-imposed;  
Contravention of CCO: CCO confirmed, fined $500 for the breach

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr E. Ritli	Office of Public Prosecutions
For the Offender	Mr D. Ajak	Ajak & Associates

HIS HONOUR: 

1So far as the appeal against sentence is concerned, I set aside the order of the magistrate and in its stead I make the same orders as the magistrate in terms of imprisonment and fine, except that in relation to the offence of dangerous driving whilst pursued by police I order that the appellant's licence be cancelled and he be disqualified from holding or obtaining a driver's licence for a period of 12 months from today.

2The effect of that is that the sentence of six months' imprisonment is confirmed.

3The other orders of the magistrate in relation to the other offences are replicated in my sentencing order, along with the various orders including the community correction order imposed by the magistrate.

4I take it, Mr Ajak, that your client consents to the community correction order.

5MR AJAK:  Yes, Your Honour. 

6HIS HONOUR:  And that he understands the terms of the order and the need to comply with those terms.

7MR AJAK:  Yes, Your Honour. 

8HIS HONOUR:  And he understands the consequences of breaching those terms, meaning that he could be re-sentenced for these offences.

9MR AJAK:  Yes, Your Honour. 

10HIS HONOUR:  All right.  I intend, therefore, to make the community correction order in the same terms as the magistrate, which will commence of course at the conclusion of his sentence of imprisonment.

11MR AJAK:  As the court pleases.    

12HIS HONOUR:  I think I have ordered that he be disqualified from holding a licence for 12 months and that will be from today.  So effectively there will be a period of almost six months after he has completed his sentence that he will not be able to drive or obtain a licence.

13I declare 11 days’ pre-sentence detention as time to be reckoned as served on the sentence that I have imposed.

14I might indicate that the reason for the sentence is the high degree of need for general deterrence in a case involving dangerous driving whilst pursued by police, characterised by the disgraceful and highly dangerous nature of the offending conduct. If I were to do other than uphold that sentence, I would be contributing to the risk of other offences of this kind occurring on an even more regular basis than they do presently, which seems to me to be a prevalent course of conduct. 

15It is incumbent on the courts to ensure, to the extent possible, that if people are caught then they can expect to be given a term of imprisonment and frequently those terms of imprisonment will be considerably more than six months' imprisonment.

16So far as the breach of the community correction order imposed that is also before me, I follow the recommendation of Community Corrections and I confirm the order.  For the offence of breaching the order I fine the appellant $500 and that will be collected in the usual way.

17MR RITLI:  Your Honour, if I may seek a s6AAA declaration on the appeal.

18HIS HONOUR:  Yes, I will do the same as the magistrate.

19But for your plea of guilty, I would have imposed a sentence of nine months' imprisonment with an 18-month community correction order.

20MR RITLI:  As Your Honour pleases.

21HIS HONOUR:  Are there any other matters.

22MR RITLI:  Nothing further, Your Honour.

23MR AJAK:  No, Your Honour. 

24HIS HONOUR:  I am going to stand down because Mr Diu will have to sign the community correction order and that will have to be drawn up, so there will be a little bit of a time whilst that occurs.  I will be not too far away so I will come back on the bench when that is drawn up. 

25Perhaps when it is drawn up, Mr Ajak, you would take it to your client and just go through the terms of the order with him and make sure that he understands those terms.

26MR AJAK:  Yes, Your Honour. 

27HIS HONOUR:  And then he will be asked to sign it as an indication that he consents to be made the subject of the order.  All right?

28MR AJAK:  As the court pleases.

29HIS HONOUR:  Yes, thank you.  Yes, I will be coming back into court.

30(Short adjournment.)

31HIS HONOUR:  Mr Ajak, I don't know whether you have had an opportunity of looking at this yourself. 

32MR AJAK:  Yes, I have, I have explained it to my client.

33HIS HONOUR:  You have been through it with your client?

34MR AJAK:  Yes, I have, Your Honour.

35HIS HONOUR:  Then I will ask your client to sign it and then I'll counter-sign and the order will be in place.

36MR AJAK:  Thank you.

37HIS HONOUR:  Nothing else?

38MR RITLI:  Nothing further, Your Honour.

39MR AJAK:  Nothing further, Your Honour.

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