Director of Public Prosecutions v Hall

[2013] VCC 1734

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-10-01607

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAMES ROBERT HALL

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JUDGE:	Her Honour Judge Cotterell
WHERE HELD:	Melbourne
DATE OF HEARING:	8 November 2013
DATE OF SENTENCE:	8 November 2013
CASE MAY BE CITED AS:	DPP v Hall
MEDIUM NEUTRAL CITATION:	[2013] VCC 1734

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

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms M. Stylianou	Office of Public Prosecutions
For the Accused	Mr J. Gullaci	James Dowsley & Associates

HER HONOUR:

1       James Hall, you have been found guilty by a jury of one charge of recklessly causing injury at the close of your trial before me in February of 2013.  The evidence in relation to this offence was that it occurred in the context of a dispute involving your eldest daughter, Christina, yourself, and your wife, the complainant, Julie Hall.  The dispute was in relation to a number of messages you had sent to a student who had lived with your family on an exchange program, who had returned to France.

2       Following that dispute, your wife had told you to leave the house and had sent your two younger daughters to their room with instructions to call the police if they heard any untoward noise. Your older daughter continued to aggressively confront you as you went to your bedroom to pack your belongings, and at one stage you found yourself in the walk-in robe with her.  You managed to leave that space and your wife was standing outside between the bedroom and the garage to which you were heading with your belongings.  In passing, you pushed her and struck her to her face, which caused bruising to her right eye and in fact a classic black eye.

3       Throughout the trial you denied either striking or pushing your wife, although you did admit that there had been some physicality in the confrontation involved with your eldest daughter.

4       This offending happened on the day that you in fact separated from your wife, and it was in the context of ongoing marital disharmony. What emerged were serious allegations of rape made by your wife against you.  That resulted in you undergoing the trial before me, and then you underwent a second trial  in relation to two of the rape charges which had been before me where the jury could not reach a unanimous verdict. On the remaining rape charges before me you were acquitted.  At the second trial you were found guilty of one of the two charges of rape and you were sentenced on 10 October 2013 to four years' imprisonment with a two and a half year minimum non-parole period.

5       In sentencing you, I take into account the trial and also the delay, and all the other matters that I am required to take into account in sentencing any convicted person.  I take into account the delay involved in this matter as I note that this offending occurred in 2009. I also take into account the distress of the complainant, Mrs Julie Hall, which I observed during the first trial that ran before me.  It is also expressed in her victim impact statement which I have read, although a lot of it is no doubt caused by the other allegations which I am not sentencing you for today, and I have taken matters into consideration in balancing all of those matters in relation to Mrs Hall's distress.

6       I also take into account the fact that you are now aged 52 and that you were a hardworking man throughout your working life and that there would appear to be no reason why, once you have served this term of imprisonment, you would not have very good prospects of rehabilitation.  I note you came before me with no relevant prior criminal history apart from the conviction on the rape charge, but I do note that the charge did involve some considerable violence.

7       I have been informed that you intend to appeal against that conviction, but I am unable to take that into account in that I am required to sentence you on the situation as it stands today.  Generally, I am required to impose just punishment in all of the circumstances.  I am also required to denounce your behaviour on behalf of the community and I do so.  Any form of violence inflicted in the home is serious; however, in weighing up all the matters, although I find the only appropriate sentence is a term of imprisonment, I do not intend to impose a term of imprisonment which will result in you spending extra time in prison in addition to the sentence that you are undergoing.  I have done that in considering the totality of the events and the time that you will be required to spend in prison.  Therefore, I have reached the conclusion that, although I must impose that term of imprisonment, I intend to impose it as concurrent with the sentence that you are already serving. 

8       If you could stand up, please.  On Charge 8 you are convicted and sentenced to five months' imprisonment which will be served concurrently with the sentence that you are already undergoing.  I think that concludes the matter, thank you.

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