Director of Public Prosecutions v Estrella

[2016] VCC 867

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-02254

DIRECTOR OF PUBLIC PROSECUTIONS

v

GLEN ESTRELLA

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	23 June 2016
CASE MAY BE CITED AS:	DPP v Estrella
MEDIUM NEUTRAL CITATION:	[2016] VCC 867

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	Mr Roper
For the Accused	Mr O'Halloran

HIS HONOUR:

1Glen Estrella, you pleaded guilty to an indictment charging you with aggravated burglary, with theft and criminal damage.  All of the offences occurred on the same occasion on 6 September 2014.

2You have no prior convictions.  The maximum term of imprisonment for aggravated burglary is 25 years, for theft, ten years and for criminal damage, ten years.

3The prosecution tendered a summary of prosecution opening for plea which is Exhibit A.  I incorporate that document into these reasons for sentence in its entirety.  I will not read it again.

4It sets out circumstances in which you had arranged to assist the family of your former partner with a house move to a property at 20 Tourney Court, Truganina and had stayed the previous night with your former partner's family, with a view to engaging in that commitment.

5You understood that your former partner was going out for the evening and that she would be back later.  She did not in fact come back and you had difficulty contacting her the following morning.  It was in those circumstances that you went to the house to see if she was there.

6You had broken up with her some months before that and had some contact with her.  You were, it seems to me, still in a state where you had not got over the relationship that had been broken off.

7In the event when you got to the premises, you saw her and the young man
Mr Goulay and obviously became incensed at the fact that it appeared your former girlfriend had entered into a relationship with him.

8It was in that context that you behaved in the way you did.  Your conduct was disgraceful.  It was criminal conduct.  Taking a knife out and waving it around in any circumstances is always liable to end in trouble and is usually a criminal offence.

9In this case you entered the house without permission.  You knew you were not welcome there.  You were shouting and behaving in a threatening manner and you went to attack Mr Goulay.

10Fortunately you did not injure him. You then devoted your attention to selecting a knife apparently for the purposes of inflicting the criminal damage which you inflicted on the car that was in the garage.

11As the maximum term of imprisonment for aggravated burglary would show, ordinarily that is a very serious offence which requires a term of imprisonment.  However it has been submitted that this offending was at the low end of the scale, so far as offences of that kind are concerned and I accept that submission.  It was extremely stupid behaviour at the very least and was in fact criminal conduct.

12It is necessary therefore, that I punish you for that conduct, having regard to the serious nature of the offence itself and the need to deter others from engaging in that kind of conduct, as well as punishing you adequately and denouncing conduct of that kind.

13Your counsel provided me with an outline of submissions which shows that you come from a good family and that is evidenced by the fact that your parents are in court today.  You formed a new relationship with a new partner who is also here today supporting you.

14You are obviously a capable young man.  You have been in work and you have been endeavouring to better yourself.  You have applied to join the Defence Force. That unfortunately has had to have been put on hold because of these proceedings and they may or may not be successful having regard to the fact that you have pleaded guilty to these offences.

15Nevertheless you have pleaded guilty and that is very much to your credit.  You pleaded guilty at the earliest reasonable opportunity and you have not sought to dispute your involvement in these offences.  That requires a significant reduction in the sentence that might otherwise have been appropriate.

16I am required to consider your rehabilitation and to promote that rehabilitation as far as I reasonably can.  It seems to me that for a young man, who has had this matter hanging over his head for, getting on for two years and who has shown a continuing willingness to put this behind him and to move on from the relationship that formed the backdrop to this offending conduct, that your efforts need to be supported as far as I reasonably can in meeting the competing sentencing objectives.

17For all of those reasons, your counsel submitted that it was appropriate that I impose a community corrections order, accepting that that must necessarily include a punitive element.  That is, requiring you to perform some unpaid community work.

18I do consider whether you should be under supervision during the period of the order and whether you should participate in rehabilitative measures such as anger management courses and the like.

19Although the report notes that such a rehabilitative course may be of benefit to you, I am not sure that it is indicated.  I think you have genuinely moved on.  I think the prospects are that you will not offend again and that you will put this matter well and truly behind you.

20In those circumstances, I am inclined to impose a community corrections order for a period of 12 months that will require you to perform 200 hours of unpaid community work.

21It is important that you comply with the terms of that order.  If you do not do so, then you may be brought back to this court and you could be up for re-sentencing on this matter.  You could be up for up to three months' imprisonment for just breaching the order and if you breach the order by committing a further offence punishable by imprisonment, then obviously there would be punishment involved for that offending conduct.

22Now are you willing to be placed on an order of that kind?

23OFFENDER:  Yes, Your Honour.

24HIS HONOUR:  All right.  I am ready to impose sentence upon you.

25For the three offences to which you pleaded guilty, I convict you and sentence you to a community corrections order for a period of 12 months which will commence today and the only additional condition beyond the core terms of that order, will be that you perform 200 hours of unpaid community work.  I will explain to you the consequences if you fail to comply with the terms of the order.

26Your first obligation will be to report to the Werribee Community Correction Office within two clear working days from today.  You will have the order and the terms clearly explained to you, no doubt, by Mr O'Halloran.

27I also make an order for you to provide a forensic sample.  Have you got a copy of the draft, Mr Roper?

28MR ROPER:  I have got the draft order.

29HIS HONOUR:  Yes.  Do you want to fill in the Werribee Police Station ‑ ‑ ‑

30MR ROPER:  I think it is Werribee.

31HIS HONOUR: ‑ ‑ ‑ and so on.  Yes.  That will require you to report to Werribee Police Station within the period specified in the order.  When you get there, you will be asked to provide a scraping from the inside of your mouth.  If you do that, then that is the end of the matter.  If however, you refuse to do that or fail to do that when the request is made, the officer will be authorised to take blood from you and may use reasonable force.  I am quite sure that you will not put them to that trouble.

32Any other orders, Mr Roper?

33MR ROPER:  No, Your Honour.  There is no declaration required.

34HIS HONOUR:  Well the order has been drawn up.  Mr O'Halloran, would you accompany my associate to your client.  Make sure he understands what he is signing.

35All right.  Those orders are now signed and you may leave the dock.  Thank you.

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