Director of Public Prosecutions v Hardy

[2022] VCC 66

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 22-00011

DIRECTOR OF PUBLIC PROSECUTIONS

v

LAURENCE HARDY

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JUDGE:	HIS HONOUR JUDGE COISH
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	2 February 2022
CASE MAY BE CITED AS:	DPP v Hardy
MEDIUM NEUTRAL CITATION:	[2022] VCC 66

REASONS FOR SENTENCE

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Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S, Locke
For the Accused	Mr M. Haralambous

HIS HONOUR: 

1Laurence Hardy you have pleaded guilty to two charges of make threat to destroy property.  This offence carries the maximum penalty of 10 years' imprisonment or 1200 penalty units.  It is unnecessary for me to recount the facts of the matter in detail as they are on transcript and contained in Exhibit 1, prosecution opening on plea.  That opening was accepted by you through your counsel.  I proceed to sentence you on the basis of the facts as opened by the prosecutor which I shall now briefly summarise. 

2You were in a brief relationship with Renee Ewin in about March and April 2019.  Ms Ewin was staying with the victim Mr Jonathan Stanghi on 19 July 2019. 

3You made the following threat to Mr Stanghi, 'Hello Jono, is your house on the market yet?  Better get fire insurance real fucking quick.  It might burn down tonight, though it might burn down tomorrow night.  Oh hang on, I can't decide whether it's going to be tonight, tomorrow night.  It might be next week.  It might be next month.  Still might be next year.  Sell your fucking house, move the fuck away from Victoria, move the fuck away from Renee'

4Mr Stanghi was scared that something bad would happen to him, and he and his mother attended the Warrandyte police station and reported the matter to police. 

5On that evening of 19 July 2019 you also made a threat to the second victim, Sheri Williams.  The threat was once again over the telephone.  You said, 'Next time I ring you better answer the phone or your house burns down tonight.  No you know what it is like to live in fear.  At exactly 2.15 am in the morning a multi cocktail be coming through the windows above the front.  Hey Jacko J 15 am your house is going to be involved in flames, front door, back door, any other entrance, and next it will be involved in flames.  Good luck'.

6You were interviewed at the Warrandyte police station on 17 October 2019.  You admitted making these threats to Mr Stanghi and Ms Williams.  You were released pending summons. 

7I state to you that I have taken into account the following matters in mitigation of sentence.  You have pleaded guilty.  You are entitled to have that fact taken into account in your favour and I do so.  The community has by your plea been spared the time and cost of a trial; witnesses have been spared the ordeal of giving evidence upon your trial. 

8You pleaded guilty at an early opportunity.  The utilitarian value of the plea is high, particularly having regard to the ongoing impact of the COVID-19 pandemic on the criminal justice system.  I accept that you cooperated with authorities.  I accept on all the material before me that you are genuinely remorseful.

9I have been told something of your personal circumstance and these matters are set out in detail in the outline of submissions filed on your behalf, together with the psychiatric reports of Dr Pandurangi dated 27 November 2020 and 28 February 2021. 

10You are 51 years of age, having been born on 13 May 1970.  You were employed as an interstate truck driver and technician in the entertainment industry.  You have been in custody in respect of unrelated matters since
18 May 2020. 

11On 24 June 2021 you were sentenced by His Honour Judge McInerney to a total effective sentence of five years' and nine months' imprisonment with a non-parole period of three years and nine months for unrelated offending.  I have had regard to the reasons for sentence provided by Judge McInerney. 

12I accept that this offending occurred in the context of your past relationship with Renee Ewin.  Whilst the threats were no doubt distressing to the victims, I accept that the offending could be categorised as toward the lower end of the range of seriousness, as submitted by your counsel on your behalf. 

13It is relevant that the offending was closely associated with an acute breakdown in your mental health and your relationship with Ms Ewin.  I have taken into account the psychiatric opinions concerning your mental state at the time of offending in contextualising the offending. 

14I assess your prospects of rehabilitation as being good.  In considering disposition, the principle of totality is particularly relevant given that you are currently serving a lengthy sentence for unrelated offending.  Against these matters in mitigation, however your actions were very serious indeed.  These were deplorable threats. 

15You have admitted before me a number of prior convictions.  There are numerous past court appearances, however these are predominantly in respect of motor vehicle offences and relatively minor summary offences. 

16As well as the matters to which I have referred, I must also take into account the need for general and specific deterrence.  Specific deterrence is less relevant as you have not committed offending of this nature in the past and these offences were committed in the context of personal difficulties.  As stated I regard your prospects of rehabilitation as being good.  General deterrence is of considerable importance in a case such as this; this type of offending must be discouraged.

17I am called upon by the Sentencing Act to manifest the community's denunciation of your conduct and generally to impose a just punishment. 

18It was submitted on your behalf that an appropriate disposition was a conviction and fine.  The prosecution had an opportunity to review the detailed material filed on your behalf prior to the plea hearing and the prosecution submitted that it was open to me to convict and fine you in relation to these offences.  It is of course relevant to note that this offending occurred in July 2019. 

19Having regard to all relevant facts and appropriate sentencing principles I am satisfied that the appropriate disposition is a conviction and fine.  I will impose an aggregate fine on Charge 1 and 2.  You are convicted and fined $1500.  I grant a stay on payment of one month. 

20There was no pre-sentence detention in relation to these offences and there are no ancillary orders sought by the prosecution.  Does that cover everything Ms Locke?

21MS LOCKE:  Yes it does Your Honour. 

22HIS HONOUR:  Mr Haralambous?

23MR HARALAMBOUS:  Thank you Your Honour, nothing further. 

24HIS HONOUR:  Good thanks.  Mr Haralambous, my tipstaff just indicated you would like an opportunity to speak to your client at the conclusion of the plea hearing?

25MR HARALAMBOUS:  Yes Your Honour.

26HIS HONOUR:  We will leave the link open for you to do that.  Thank you very much indeed Ms Locke and Mr Haralambous for appearing via the video link this morning.  I will just formally adjourn sine die but I will leave the link for you.  Thanks.

27MS LOCKE:  As the court pleases.

28MR HARALAMBOUS:  As Your Honour please. 

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