Director of Public Prosecutions v Gaunt

[2018] VCC 910

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-00816

DIRECTOR OF PUBLIC PROSECUTIONS

v

AARON GAUNT

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	12 May 2018
DATE OF SENTENCE:	17 May 2018
CASE MAY BE CITED AS:	DPP v Gaunt
MEDIUM NEUTRAL CITATION:	[2018] VCC 910

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Amended
Sentenced as a serious sexual offender

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms C. Pezzimenti
For the Accused	Mr R. Timms

HIS HONOUR:

1On 19 April 2018, I passed sentence on Aaron Gaunt, who had pleaded guilty before me at the County Court sitting in Bendigo in February of this year.  As the sentencing remarks that I made at the time indicate, the charges that he pleaded guilty to fell into a number of categories.

2Charge 1 was a charge of using carriage service to transmit child pornography, as was Charge 3, 6, 7 and 9.  Charge 2 was a charge of knowingly possess child pornography and Charge 11 was a charge of knowingly possess child abuse material.  Charges 4 and 5 were charges of obtaining property by deception and Charge 10 was a charge of trafficking in a drug of dependence.  Charge 8 was another trafficking related matter.

3The reason for this morning's further mention of the matter is that although it was not brought to my attention by the learned prosecutor at the time, after the sentence was passed, it was brought to my attention that according to the legislation, having sentenced Mr Gaunt to a term of imprisonment on
Charges 1 and 2, I should have sentenced him as a serious sexual offender in relation to Charges 3, 6, 7, 9 and 11.

4It was never my intention to impose a higher term of imprisonment than that of which I have imposed on the sentence that I passed on 19 April.  The prosecution simply seeks the declaration within the terms of the statute that I sentence Mr Gaunt on Charges 3, 6, 7, 9 and 11 as a serious sexual offender and have that entered into the records of the court.

5I omitted to do that at the time and in my view, it is appropriate that I now exercise the power that I have contained in s.4(A) of the Sentencing Act,
sub-s.1(A)(2) to correct the record and I order that the sentences that I passed in respect of Charges 3, 6, 7, 9 and 11, in respect of those charges, the prisoner is sentenced as a serious sexual offender, and I direct that that fact be entered into the records of the court.

6Is there anything else sought, Ms Pezzimenti?

7MS PEZZIMENTI:  No, Your Honour.

8HIS HONOUR:  Any questions arising out of that, Mr Timms?

9MR TIMMS:  No, Your Honour.  Thank you.

10HIS HONOUR:  Thank you for making yourself available.

11MR TIMMS:  Thank you, Your Honour.

12MS PEZZIMENTI:  Your Honour pleases.

13HIS HONOUR:  Thank you.  I'll turn that transmission.  Thank you.

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