Director of Public Prosecutions v Gurlu

[2018] VCC 2077

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-01047

DIRECTOR OF PUBLIC PROSECUTIONS

v

BILAL GURLU

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JUDGE:	HIS HONOUR JUDGE MCINERNEY
WHERE HELD:	Melbourne
DATE OF HEARING:	6 December 2018
DATE OF SENTENCE:	6 December 2018
CASE MAY BE CITED AS:	DPP v Gurlu
MEDIUM NEUTRAL CITATION:	[2018] VCC 2077

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Plea of guilty – attempt to pervert the course of justice
Legislation Cited: Crimes Act 1958; Criminal Procedure Act 2009; Sentencing Act 1991
Sentence: Convicted and sentenced to 146 days’ imprisonment.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D. Caruso	Office of Public Prosecutions
For the Accused	Ms N. Allison	Leanne Warren & Associates

HIS HONOUR: 

1Mr Gurlu has pleaded guilty to the one charge in Indictment No.H11156055. 
Mr Gurlu, you can remain seated for the moment. I will ask you to stand up in due course. That particular matter is a breach of the common law. It is an offence of attempting to pervert the course of justice pursuant to the provisions of s.320 of the Crimes Act.  The maximum penalty imposed for that offence is one of 25 years' imprisonment.

2The circumstances surrounding this matter relate to a relative of Mr Gurlu, a Mr Tarin, having committed an offence for which he was subsequently sentenced to imprisonment of two months on 20 June 2017 at the Broadmeadows Magistrates' Court.  Mr Tarin is the first cousin to the offender.  It seems, given Mr Gurlu's failure to attend Court almost at whim, his actions in this matter as set out in Exhibit A - which is the prosecution summary which is accepted by the defence as the circumstances on which I am to sentence their client - his attitude, I do not know whether it is because of his background, but he has a less than full understanding of the justice system in this country. It seems to me if he is not going to get himself into more serious trouble he needs to understand the justice system, and understand it quickly.

3However, due to that total misunderstanding of the justice system he decided, in the interests of his cousin, to seek to take the blame for this crime, for which Mr Tarin has subsequently been sentenced.

4As set out in the prosecution opening, he firstly on 23 April 2017 took it upon himself to phone the victim, suggesting that it would be inappropriate, to use his words, to "dog" someone. He then attended at the police station on 24 April 2017 where he made a false statement, indicating that it was him who produced the gun in the circumstances.

5The attempt to pervert the course of justice is made up of both those matters and is obviously, given the maximum penalty, a serious offence.  Clearly, by the plea those matters are established.  When further interviewed, the record of interview is again somewhat illustrative of perhaps a lack of understanding of the Australian justice system, in particular in this state, suggesting that the person in the original crime, for example, was not a victim at Question 128.

6Further, that by committing this crime that he had nothing to lose, as his cousin was "a kid on his way".  When further it was put to him whether he understood the ramifications leading up to the events he stated he “did not care,” at Question 185 to 187.  One would hope after the circumstances that have now befallen him he would understand the importance of not acting in this way.

7One would have thought therefore that one would be at particular pains to adhere to the requirements of the justice system thereafter; however, that did not occur and in regard to the other offences, summary offences Charge 2, 11, 12 and 13, there are four separate failures to answer bail and then finally a related matter which was a contravention of a condition of bail being Charge 10, the maximum penalties for the fail to answer bail being one of two years, contravention of a condition of bail being one of three months.

8The circumstances clearly are reprehensible, such place Mr Gurlu, and have placed Mr Gurlu, in grave jeopardy insofar as his liberty. Indeed as a result of these crimes he has now spent 146 days in gaol.  The indication given by the prosecution today is that in particular, given the sentence handed out to Mr Tarin and the pre-sentence detention served by Mr Gurlu, that despite the seriousness of this crime, and despite the somewhat cavalier manner insofar as the appropriate bail conditions are concerned, that a sentence which was in effect a gaol sentence of 146 days passed by this Court would not be an inappropriate sentence.

9Ms Allison who appeared today, has indicated that if I was prepared to make such an order there would be no objection to that.  In all the circumstances I find, even for a man who apparently does not care, that 146 days in the particular circumstances of this case and given the particular attempt, is an appropriate sentence.

10If you would stand up please, Mr Gurlu.  In regard to the indictable offence to which you have pleaded guilty, that is the attempt to pervert the course of justice, I sentence you to imprisonment for 146 days.  Insofar as each of the summary offences, for each of the offences of fail to answer bail I sentence you to imprisonment of two months and for the related offence of contravene condition of bail, Charge 10, I sentence you to one month. 

11I order that those sentences be served concurrently with the sentence of 146 days, making therefore the total aggregate sentence insofar as the indictment and the summary matters heard pursuant to s.145 of the Criminal Procedure Act 146 days.  In those circumstances, I make a declaration under s.18 that the 146 days served is deemed to be service of this sentence, that would therefore be sufficient once the administrative arrangements have been made down below.  I am not too sure whether they are made below or whether he has to go back to the prison, but at any rate once those arrangements are made there is no reason why Mr Gurlu cannot then be released.

12Any other matters I have not attended to?

13MS ALLISON:  No, Your Honour.  Just Your Honour's last comments.  He is still remanded in relation to his Magistrates' Court matter.

14HIS HONOUR:  Yes, I am sorry.  There is no reason why he cannot be released insofar as these matters are concerned; however, I note that he is on remand for further matters.

15MS ALLISON:  Thank you, Your Honour.

16MS CARUSO:  If Your Honour would make a s.6AAA declaration.

17HIS HONOUR:  Yes.  In regard to s.6AAA, but for the plea of guilty and its impact and the discount that is required in those circumstances the sentence that I would have imposed would be a period of ten months' gaol by way of aggregate.

18COUNSEL:  As Your Honour pleases.

19MS CARUSO:  And you have refused - I have made a note the s.464ZF order is refused.

20HIS HONOUR:  Yes.

21MS CARUSO:  Yes, Your Honour.  Thank you.

22HIS HONOUR:  Mr Gurlu, it is very important for you to understand the provisions of this, the law, and not to make any such silly decisions in the future, all right?

23OFFENDER:  Thank you, Your Honour.

24HIS HONOUR:  Please remember if you ever get into trouble - I hope you never get into trouble again - but you have got to answer your bail.   Thank you to counsel for their assistance.

25COUNSEL:  As Your Honour pleases.

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