Director of Public Prosecutions v Gavric

[2011] VCC 2036

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

AT MELBOURNE

CRIMINAL DIVISION

CR-09-02307

DIRECTOR OF PUBLIC PROSECUTIONS

v

SINISA GAVRIC

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	31 October 2011; 23 November 2011
DATE OF SENTENCE:	23 November 2011
CASE MAY BE CITED AS:	DPP v Gavric
MEDIUM NEUTRAL CITATION:	[2011] VCC 2036

REASONS FOR SENTENCE

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Subject:   CRIMINAL LAW

Catchwords:             Breach of Community Bases Order – Proven – No further re-offending – CBO confirmed

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr J. Jassar	Office of Public Prosecutions
For the Accused	Mr B. Grimshaw

HER HONOUR:

1       I am of the view, in the circumstances, that seeing Mr Gavric has not re-offended in the interim and that he seems to have had some difficulties in coming to terms with the Community-based Order and in particular perhaps might be of the view that breaching, it might not bring about serious ramifications as he now seems to fully appreciate or more fully appreciate.

2       I am of the view that notwithstanding that he has been deemed unsuitable, that he should complete the Community-based Order that I have previously imposed.  He showed that initially he did comply with the conditions of the order and, notwithstanding that he seems to have not complied to a significant extent, I want to give him one more chance to actually honour the undertaking that he made in relation to the community work that you said you were going to undertake. 

3       I understand it is not pleasant work, it is not meant to be,  Mr Gavric, but I can tell you it is going to be a lot more pleasant than going to gaol.  As I said to you before, it is no place for anyone especially young men.

4       So steel yourself, get on with it and get it finished.  What I will do is confirm the Community-based Order that I have previously imposed and I ask that you do not come back here and tell me that you have not complied with it.

5       Thanks, Mr Gavric.  The appointment time that I have for you is this Friday, you will have to reconnect with the service, 25 November 2011, this Friday at 11 am and if you are having personality difficulties with the supervisor, it might be that Mr Grimshaw, as he has foreshadowed, might be able to have a word with them and we could line something else up.

6       It sounds like you are getting there overall because you haven't re-offended which is the main thing, that is a really serious breach of a Community-based Order and I hope you do yourself and your mum proud by sticking to it this time.

7       PRISONER:   Yes, Your Honour.

8       HER HONOUR:  You are excused.

9       MR GRIMSHAW:  Thank you, Your Honour.

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