Director of Public Prosecutions v Dunn

[2013] VCC 2011

IN THE COUNTY COURT OF VICTORIA Revised
 Suitable for Publication

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR-08-00090

DIRECTOR OF PUBLIC PROSECUTIONS

v

JULIANNE DUNN

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JUDGE:	HIS HONOUR JUDGE MURPHY
WHERE HELD:	Melbourne
DATE OF HEARING:	12 December 2013
DATE OF SENTENCE:	12 December 2013
CASE MAY BE CITED AS:	DPP v Dunn
MEDIUM NEUTRAL CITATION:	[2013] VCC 2011

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms C. Hamill	OPP
For the Accused	Mr S. Peterson	Victorian Legal Aid

HIS HONOUR: 

1On the charge of failing to comply with the community corrections order I find the charge proved and impose a fine of $300, conviction and fine of $300. I grant a stay of three months. 

2In relation to the community corrections order imposed on 9 May 2012, I cancel the order.  Consequent upon that cancellation, I am required to re-sentence you on the original charges. 

3On the original charge of aggravated burglary, person present, I impose a sentence of three months' imprisonment.

4On the charge of assault I impose a sentence of 14 days' imprisonment.  The sentence is to be served concurrent with the sentence of three months and I order that both sentences be suspended for a period of four months, wholly suspended for a period of four months.

5Ms Dunn, I am attempting to draw a line in the sand on this offending.  In imposing those two sentences I have taken into account your compliance with the community corrections orders to the extent that you have not committed other offences.  On the other hand, aggravated burglary is a serious offence and I have taken into account the submissions made by your counsel.

6So I have imposed an effective sentence of three months and I have suspended it for a period of four months.  If you commit an offence carrying a term of imprisonment in the next four months, then in the absence of exceptional circumstances, you will be required to serve a period of three months' imprisonment.  Do you understand that?

7PRISONER:  Yes, Your Honour.

8HIS HONOUR:  Right.  I have also imposed a fine of $300 on you and I have given you three months to pay that fine for the failure to comply with the community corrections orders.  If you cannot pay that fine, you will have to see the clerk of the Magistrates Court and they might be able to convert it into community work but I suggest you try and find the money to pay it and you get yourself out of the system because you seem incapable of complying with orders of the Office of Corrections.  But at least you seem to have given up alcohol, given up the bad company that got you into this original offending back in 2007.  So your daughter has grown up, you do not seem to have grown up.  It is time to move forward. 

9Thank you, Mr Peterson for your assistance.  I thank the Office of Corrections person for their assistance and Ms Hamill. 

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