Director of Public Prosecutions v Goodland

[2016] VCC 1562

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

AT WARRNAMBOOL
CRIMINAL JURISDICTION

CR-16-00876

DIRECTOR OF PUBLIC PROSECUTIONS

v

STACEY GOODLAND

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Warrnambool
DATE OF HEARING:
DATE OF SENTENCE:	21 October 2016
CASE MAY BE CITED AS:	DPP v Goodland
MEDIUM NEUTRAL CITATION:	[2016] VCC 1562

REASONS FOR SENTENCE
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Subject:
Catchwords:
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Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A Hassan
For the Offender	Mr C Mylonas

HIS HONOUR: 

1Stacey Goodland, you have pleaded guilty to one charge of acts tending to pervert the course of justice.  That crime carries a maximum penalty of 25 years' imprisonment.

2You are now 33 years of age and most importantly have no prior convictions.  You pleaded guilty at the earliest reasonable opportunity and indeed made a confessional record of interview with police.  I accept on the material before me that you have shown appropriate remorse and you must also of course get the utilitarian benefit of that plea of guilty.

3The summary of the offending is that you were married to a Mr Goodland, and probably still are for all I know, but there is an intervention order now between the two of you.

4I have before me a report from a psychologist, a Ms Andrea Edwards, which outlines the history, and I do not need to go into it in detail, that report can stay on the court file. 

5In any event you and your co-accused, Mr Goodland, had been married for an extended period of time.  You had worked up until a few years ago but he was running a house painting business and you were doing the paperwork.  I accept from the material before me that you do not use drugs and that you do not have a problem with alcohol, which increases the prospects for your rehabilitation.  He had, and for all I know still has, a serious problem with drugs.  I accept that you were subjected to domestic violence over an extended period of time and on the psychological material before me I accept that he was able to essentially stand over you and dictate conduct that was required.

6Insofar as this offending is concerned, you were the facilitator of a false invoice to account for money that had been found in a police raid.  Mr Goodland had been charged with suspected proceeds of crime in the order of nearly $4,000.  The documentation you provided purported to give an excuse or a reason for the possession of that money by reason of false invoices and receipt for painting work.  You approached another person who was prepared to have their name placed upon that invoice and you, and I accept it was because of your capacity with technology, produced that invoice and it was then presented to the police.  There were inherent errors in it and it became clear to police that it was false.

7I accept that the probabilities are high that you were not trying to avoid the conviction of Mr Goodland on such a matter, because I assume he has a significant prior history, you were trying to get the money back and I accept that you did so under duress, not amounting to a defence at law but duress in a marital circumstance nevertheless.

8Subsequent to the offending coming to light you have obtained an intervention order against him, you have separated and you now appear to be in a secure and stable relationship and are expecting a child.  It is to be hoped that you can put that past behind you, and as I have indicated, with the prospects of a secure environment you can indeed do so.

9I do not need to go into detail but, perverting the course of justice is inherently a serious offence, it strikes at the very fabric of our system. There are a very, very wide range of examples of it.  Yours I have no trouble accepting is at the very low end of it, however, it is not such that in my view enables a bond to be given or a non-conviction disposition to be given, it must be a disposition which reflects, as I said, the inherent seriousness of such a crime.

10You are in no need of programs.  I have had presented to me a mental health care plan which you are undertaking and which gives me comfort in terms of your ultimate rehabilitation.  On all the material before me the prospects of your rehabilitation, being in mind you have somehow got through 11 years living with that man with no prior convictions, should be very good and the risk of you reoffending should be light. 

11In all those circumstances I consider that a Community Corrections Order is the appropriate disposition, and if you agree, you will be placed on a Community Corrections Order of a period of 18 months. 

12In all these circumstances I will direct the only condition will be that you perform one hundred hours of community work and I will direct that that community work not commence for a period of 12 months - that enables Corrections to be aware of you from the outset.  And I say this directly to you; it also means that if things do go wrong in your life you have the people at Corrections, various people who can talk to you and give you assistance, and if something does go wrong, do not let it go wrong, do something about it in advance.  They will be aware of your circumstances due to your pregnancy and it is to be hoped that this Community Corrections Order can be carried out and fulfilled without undue difficulty.

13Accordingly, if you agree, that will be the sentence of the court.

14There is no 6AAA, obviously.  I'm sure the forensic sample is automatic.  Have they got one from her yet?

15MS HASSAN:  No, I've just got the applications here, Your Honour.

16HIS HONOUR:  I wouldn't grant it anyway, I don't think, she's got no priors and she's 40 so.

17MS HASSAN:  It can only be on the basis of the seriousness of offending, Your Honour, and if Your Honour's against me ‑ ‑ ‑ 

18HIS HONOUR:  No, no ‑ ‑ ‑ 

19MS HASSAN:  No, okay ‑ ‑ ‑ 

20HIS HONOUR:  Yes, fair enough. 

21MR MYLONAS:  Your Honour, she consents ‑ ‑ ‑         

22HIS HONOUR:  No, I'm not going to do it.

23MR MYLONAS:  Okay ‑ ‑ ‑ 

24HIS HONOUR:  No, I'm not doing it.  I'm assuming Warrnambool is the nearest Corrections?

25MS HASSAN:  Yes.

26HIS HONOUR:  All right, she will have to sign that.  That order is made, thanks for that. 

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