Director of Public Prosecutions v Doolan

[2013] VCC 1867

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

AT LATROBE VALLEY

CRIMINAL DIVISION

DIRECTOR OF PUBLIC PROSECUTIONS

v

STACEY DOOLAN

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:
DATE OF SENTENCE:	26 November 2013
CASE MAY BE CITED AS:	DPP v Doolan
MEDIUM NEUTRAL CITATION:	[2013] VCC 1867

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

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms J. Taylor
For the Accused	Ms T. Theocharous

HIS HONOUR:

1       I find the breach proven obviously.  The community corrections order is set aside and I will sentence her to an aggregate four months.  I will declare 28 days served and this is being done on the understanding that she will be dealt with in the Magistrates' Court on 16 December, that the magistrate will have – I do not know anything about all that offending – the magistrate will have two months already served to take into account and by then there will be effectively another month, so that will give a magistrate something in the order of four months and then a community corrections order if the magistrate so thought and I am doing that as an aggregate to try and have a pragmatic result.  Does that make sense?

2       MS THEOCHAROUS:  Yes, it does, Your Honour.

3       HIS HONOUR:  Does that make sense, Ms Taylor, to you?  If it is four months starting today, declare 28 days.  That gives you three months, roughly you know, give or take.  By the time it comes up in the Magistrates' Court, that will be down to just over two months.  The magistrate has already got two months because of s.27 whatever it is that she can declare as already having been served plus they would then have another two months if they wanted to they could impose prior to the commencement of a community corrections order and my authority to tell the magistrate – I mean I do not bind them in any way, shape or form, but I would think that I would like to have given a community corrections order  here but it is confining the magistrate's – taking away the magistrate's discretion if I do that now.

4       So I think that would be a good idea but the magistrate may totally disagree with that.  As long as that is understood.  All right.  Because it is a breach, I do not have to do a 6AAA.  There are no other orders I have to make or - - -

5       MS TAYLOR:  There were orders made, Your Honour, they still stand.

6       HIS HONOUR: They all still stand, do they not?  Yes.  All right.  Up to you.  Thanks ladies.

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