Director of Public Prosecutions v Gilder

[2016] VCC 1318

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-15-01627

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOHN GILDER

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	21 June 2016
DATE OF SENTENCE:	29 August 2016
CASE MAY BE CITED AS:	DPP v Gilder
MEDIUM NEUTRAL CITATION:	[2019] VCC 1318

REASONS FOR SENTENCE

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Catchwords:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Guesdon
For the Accused	Mr A. Shwartz

HER HONOUR:

1 John Gilder, a jury has found that you were unfit to be tried. After that finding another jury found you committed five charges of indecent assault. As a consequence of the jury finding that you committed those offences, I must declare you either liable for supervision under Part 5 of the Act, or order that you be released unconditionally pursuant to s.18(4). After the jury made that finding, this matter was adjourned until today.

2       I received on your behalf and have considered a report from Dr Trevor Andrews from Foster & Toora Medical Centre dated 30 June 2016, your treating doctor for the last four years, concerning your current medical issues and the level of care or assistance that you require.

3       

Neither party disputed that you should be released unconditionally under s.18(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. The court cannot order a person to be released unconditionally unless it has considered the relevant matters listed in s.40(2) of the Act. I have taken

Dr Andrews' report and other medical material that was tendered in the course of the fitness investigation previously held before me, into account. 

4       I was also provided with a report under s.42 from Rachel Breen.[1]  It is apparent your offending has had an enormous impact on her life and the manner that she has been able to cope throughout her life.  It has affected all aspects of her life including her relationship with her own son.

[1] A pseudonym

5 I have taken all relevant matters into account and I propose to release you unconditionally pursuant to s.18(4) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

6       As a consequence of the findings that you committed the offences, I also propose to place you on a Sex Offenders Registration Order.  The relevant duration of that order will be for the remainder of your life.

HER HONOUR:  Mr Shwartz, I think that you will need to try and explain the order to your client.

MR SHWARTZ:  Yes.

HER HONOUR:  I don't think he is in a position at this stage to fully understand it.

MR SHWARTZ:  No.

HER HONOUR:  So what I might do is stand down and I'll come back in about 15 minutes or so thank you.

(Short adjournment.)

MR SHWARTZ:  Yes thank you Your Honour, for that indulgence.  

HER HONOUR:  That's all right.  I think the order now has to be signed in my presence.

MR SHWARTZ:  Yes Your Honour.

HER HONOUR:  So if that could be done please.

MR SHWARTZ:  Would you permit me to leave the Bar table Your Honour?

HER HONOUR:  Yes thanks.  Thank you.  All right, the parties are excused thank you.

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