Director of Public Prosecutions v Gruda

[2014] VCC 1878

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 13-00951

DIRECTOR OF PUBLIC PROSECUTIONS

v

PERPARIM GRUDA

---

JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	12 May 2014
DATE OF SENTENCE:	12 November 2014
CASE MAY BE CITED AS:	DPP v Gruda
MEDIUM NEUTRAL CITATION:	[2014] VCC 1878

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director	Mr M. Fisher
For the Accused	Mr K. Oldis

HIS HONOUR: 

1Perparim Gruda, you pleaded guilty to an indictment charging you with common law assault with theft of a motor car and being a prohibited person carrying a prohibited firearm, being a revolver with three bullets in the chamber.  You have admitted a number of prior court appearances and convictions.  The offence of common assault carries a maximum term of imprisonment of five years, each of the offences of theft and possessing a firearm carry a maximum term of imprisonment of ten years.

2The offending was described in the prosecution opening, which was tendered on the plea hearing.  I am not going to read that out again.  It involved you with a co-offender stealing the car of your victim and when he attempted to get out of his car, you grabbed him, ripped his shirt and broke a gold chain that he was wearing.

3When the police arrested you and searched your girlfriend's vehicle, they found a small silver revolver in a box behind the passenger seat loaded with three rounds of ammunition.  Those are all serious offences.   The fact that you have a number of prior convictions for offences which include possessing a prohibited weapon and for offences of dishonesty suggests that they should be visited by terms of imprisonment.

4The prosecution also relied upon a victim impact statement.   Not surprisingly, the impact of your crimes upon your victim is largely to produce an emotional response and fear that there may be retribution for him having identified you as one of the offenders.  I am bound to take into account the impact of your crimes upon your victim.

5Having regard to your criminal record and your antecedence, I would have been inclined to impose an immediate term of imprisonment that would have required you to have served more than the 280 days that you have served as pre-sentence detention.  The plea hearing took place on 12 May this year. Since then, you have continued to be involved in the Team Challenge Victoria Rehabilitation Program, which you entered on 20 September 2013.   It is plain from what I was told in May and even more plain from what I am being told now that you have responded extremely well to your participation in that program and have continued to be a significant contributor to the continuing success of that program.

6Even though you have a bad record and even though there must still be questions marks about your prospects of remaining out of trouble in the future, you have, I think, done a good deal to demonstrate that you are capable of rehabilitating yourself, capable of leading an honest life and capable of being a good contributor to society.   That carries a good deal of weight in my court.  I think it qualifies you for a degree of leniency from the court that would not have otherwise have open.  For that reason, I am persuaded that I should impose a sentence that enables your immediate release.   It will, I think, have the added consequence that you will have something hanging over your head which will remind you to continue to lead an honest life and to stay at out trouble at those times when you are tempted, as you may be, through peer group pressure or otherwise to resort to your previous way of life.

7I am bound to impose a sentence that is sufficient to punish you for your crimes, to express the denunciation of this court of your crimes, to deter you from committing further offences and to operate as some disincentive to others by way of general deterrence.  But I am also required to facilitate your rehabilitation as far as I can reasonably can.   It seems to me the public of Victoria will be better served by promoting your rehabilitation at this stage, given that you have done a lot to demonstrate that you are willing to work hard at it and to lead an honest life.  I think, in these circumstances, the progress you have made permits me to make the orders that I intend to make.

8On Charge 1 of common assault, I convict you and sentence you to imprisonment for a period of six months.  On Charge 2 of theft, I convict you and sentence you to imprisonment for a period of 15 months.  On Charge 3 of being a prohibited person carrying an unregistered firearm, I convict you and sentence you to imprisonment for a period of two years.  Those sentences will run concurrently and I order that that sentence be suspended, save for the period of 280 days which is the period during which you have been in custody prior to sentence.   I declare that 280 of pre-sentence detention is to be reckoned as time served on the sentence that I have imposed and deducted administratively from that sentence.

9You will appreciate that a suspended sentence will not require you to serve the balance of that sentence provided, during the period of the suspension which will be two years from today, you stay out of trouble and do not commit offences punishable by imprisonment.  If you do commit an offence punishable by imprisonment, you will not only be up for punishment for that offence, but you will also almost certainly be required, to serve the balance of the period of two years' imprisonment that represents this sentence.

10But for your pleas of guilty, I would have sentenced you to imprisonment of two years and nine months and ordered you to serve a period of 18 months before being eligible for parole.  Are there any other orders I need make?  I think there is a disposal order, is there?

11MR FISHER:  Yes, there was an order sought in relation to the firearm, but I understand Your Honour has already signed.

12HIS HONOUR:  I think I have.  You have copies of that, do you?  It is a forfeiture order, I think.

13MR FISHER:  It is forfeiture, that is right.

14HIS HONOUR:  Yes.

15MR FISHER:  Your Honour signed that on 12 May.

16HIS HONOUR:  Yes.  Well I confirm that order that I have already made.

17MR FISHER:  Thank you.

18HIS HONOUR:  No other orders?

19MR FISHER:  No, Your Honour.

20HIS HONOUR:  I thank counsel, too.

‑ ‑ ‑