Director of Public Prosecutions v Hayes (no. 2)

[2017] VCC 61

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-01436

DIRECTOR OF PUBLIC PROSECUTIONS

v

LEROY HAYES

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JUDGE:	HIS HONOUR JUDGE STUART
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	10 February 2017
CASE MAY BE CITED AS:	DPP v Hayes (no. 2)
MEDIUM NEUTRAL CITATION:	[2017] VCC 61

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr H. Boyd-Wilson
For the Accused	Ms K. Webster

HIS HONOUR:

1I state that the sentences that I have indicated yesterday for the individual charges remain, but the sentence on Charge 1, a Commonwealth offence, which was and remains a sentence of six months' imprisonment, I direct that that sentence commence today, 10 February. 

2All other indications in relation to what the State sentences are remain, they having a total effective sentence on the State sentences of four years and four months. 

3I direct that the State sentences commence four months before the expiry of the sentence on Charge 1, intending that to achieve the cumulation of two months upon the State sentence, producing what I indicated yesterday was a total effective sentence four years and six months.

4To account for the additional day of detention, I direct that 288 days be recorded as presentence detention. 

5I state that there is a non-parole period of two years and ten months in relation to the State charges, both on indictment, and summary charges, which as I understand it will achieve a minimum period of three years before he is eligible for release on parole.

6Now, what I intend to do, Mr Boyd-Wilson and Ms Webster, is the orders will be prepared, signed and sent to you both, and if there is any error in it, they will be final orders, but they can nonetheless be amended.  And all that needs to be done in that event is if there is an email to Mr Brown, unless it is of any particular moment warranting the matter being dealt with other than in chambers, I will make that change in chambers.  Does that seem to cover it, Mr Boyd-Wilson?

7MR BOYD-WILSON:  Yes sir, I think just finally the s.6AAA?

8HIS HONOUR:  Remains six years with a minimum of four and a half years.

9MR BOYD-WILSON:  Yes.

10HIS HONOUR:  Thank you both, Mr Boyd-Wilson and Ms Webster, is there anything you wish to say?

11MS WEBSTER:  No Your Honour, thank you.

12HIS HONOUR:  Thank you very much.  I will stand down. 

13(At this stage the court proceeded with another matter.)

14HIS HONOUR:  All right.  Mr Hayes, I apologise for the fact that you have in fact been brought back.  The changes that have been made have been necessary to ensure that want I wanted to achieve yesterday, I have achieved today.  So my apologies for you having to be brought back.  But I now ask that Mr Hayes be removed.

15(At this stage the court proceeded with another matter.)

16HIS HONOUR:  I'll stand down, I'll be on the fourth floor.

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