Director of Public Prosecutions v Georgiu

[2016] VCC 2065

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

AT MELBOURNE
CRIMINAL JURISDICTION

AP-16-0417

In the appeal against sentence of

GEORGE GEORGIU

JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	22 April 2016
DATE OF SENTENCE:	26 April 2016
CASE MAY BE CITED AS:	DPP v Georgiu
MEDIUM NEUTRAL CITATION:	[2016] VCC 2065

REASONS FOR SENTENCE

Subject:                  CRIMINAL LAW

Catchwords:  Appeal against sentence from the Magistrates’ Court – Possess methylamine – Possess ecstasy - Possess drug dependence – Drive whilst authorisation suspended – Carless driving of motor vehicle – Appeal allowed

Sentence:Convicted and sentenced to Community Corrections Order of 12 months’ duration with mandatory and other conditions – Fine without conviction Charge 5 – Licence cancellation without conviction – Forfeiture order

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Plummer	Solicitor for Public Prosecutions
For the Offender	Mr P. Reymolds

HER HONOUR:

1. Mr Giorgiu, I intend to place you on a Community Corrections Order but I can only do this with your consent so please listen carefully to the order that I propose:

1. The CCO would run for a period of 12 months.

1. The conditions of the CCO would be as follows:

1. The mandatory terms that apply to all Community Correction Orders are:

1. You must not commit another offence for which you could be imprisoned during the time that the order is in force;

1. You must comply with any obligation or requirement prescribed by regulation 17 of the Sentencing Regulations 2011;

1. You must report to, and receive visits from, the Secretary to the DOJ (or his or her delegate);

1. You must report to the Moorabbin Community Corrections Centre before 4 pm within two clear working days of today.

1. You must let a community corrections officer know within two clear working days of you changing your address or job;

1. You must not leave Victoria without first getting permission to do so from the Secretary to the DOJ (or his/her delegate);

1. You must obey all lawful instructions from and directions of the Secretary to the DOH (or his/her delegate).

1. The conditions that apply in addition to the mandatory terms listed are:-

Community Work

1. You must undergo 100 hours unpaid community work within 12 months.

Supervision

1. You must be under the supervision of a Community Corrections Officer for a period of  12 months.

Treatment and Rehabilitation

1. You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager.

1. You must undergo mental health assessment and treatment including (but not limited to) mental health,

2. psychological, neuropsychological and psychiatric treatment in a hospital or residential facility, as directed by the Regional Manager.

1. You must undergo programs or courses aimed at addressing factors relating to the offending as directed by the Regional Manager- in particular, you must attend a Road Trauma Awareness Seminar.

Do you consent to the terms and conditions of the order?

1. I should tell you that if you do not comply with all of the requirements of this CCO then you will face breach proceedings before me. You will be sentenced in relation to the breach and you will be re-sentenced in relation to the charges-in which case you may well be sentenced to gaol. I would regard a breach of the CCO as a most serious matter, whether it be because of further offending or because of non-compliance with any of the other conditions of the order.

1. Do you understand this? Do you maintain your consent to the order?

1. Therefore in relation to charges 1-4, without conviction, you are sentenced to a CCO in the terms and conditions that I have just set out. In relation to charge 5, without conviction, you are fined $700 and I allow you a stay of 3 months.

1. In relation to charges 4 and 5 I also suspend your licence for a period of 87 days effective from 29^th January 2016

2. I will ask your Counsel to assist you with the signing of the order.

1. If not for your pleas of guilty I would have convicted you and sentenced you to a two year CCO with 300 hours unpaid work and the other conditions I have just imposed in relation to charges 1-4 and I would have fined you $1000 with conviction in relation to charge 5 and suspended your licence for 12 months from today.