Director of Public Prosecutions v Heard

[2016] VCC 411

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 15-02028

DIRECTOR OF PUBLIC PROSECUTIONS

v

JARROD ALEXANDER HEARD

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:
DATE OF SENTENCE:	12 April 2016
CASE MAY BE CITED AS:	DPP v Heard
MEDIUM NEUTRAL CITATION:	[2016] VCC 411

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

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Ms E. Millar
For the Accused	Mr D. Allesandro

HIS HONOUR:

1Jarrod Alexander Heard, you have pleaded guilty to one charge of recklessly causing serious injury.  That crime carries a maximum penalty of 15 years imprisonment.  You are 19 years of age now and were 18 years of age at the time of the offending.  You do have a prior criminal history. Those matters are all from the Children's Court, though are obviously here still of some significance.

2The criminal history is not - when it is examined is not as bad as it appears, as there has been a number of breaches rather than new offending.  In any event, I take that into account.  You pleaded guilty to a settled indictment and you must get the benefit of that.  I accept that there is now at least appropriate remorse and the utilitarian benefit of a plea of guilty in such a situation is one that has to be recognised.

3The circumstances of the offending are that there had been extreme ill feeling, if I can put it that way, between a friend of yours and some neighbours in Morwell.  Your - who once was your co-accused but now has pleaded to different matters, had been waging what has been described by the victim as a reign of terror on her, the victim in the matter of your co-accused, and her husband.  In any event, that it got pretty much out of control on any view.

4On the night of 14 January 2015, Mr Forbes, the victim in your particular matter, went outside essentially to see what was going on.  He was grabbed by you and punched forcibly.  He suffered serious injuries, of that there is no doubt. 

5You said to him, prior to hitting him, "You're trying to take my kid off me".  He blacked out after that and was then found by his wife as I understand it, trying to clean up his injuries.  As a result of your assault, his injuries included "bleeding on the brain, facial bone structures including a left orbital fracture.  Bleeding behind the left eye and general swelling and bruising".

6I have read the victim impact statement of Mrs Forbes which relates more to your former co-accused than you, but clearly, the consequences of the conduct, both in the time leading up to it from your co-accused's point of view, and on the night from yours have been serious.

7Initially the submission was for a community corrections order, but in my view, the objective - the seriousness of the offending is such that there has to be a period of detention.  At your age, I would not put you in adult custody unless there was absolutely no choice.  The situation here is that a youth justice order cannot be given in conjunction with a community corrections order.

8What I have done is had you assessed for youth justice and that assessment has come back as you being appropriate for such a disposition.  I take into account that there has now been a 15 month delay in all these proceedings.  I take into account your background, as was explained to me by your counsel.  You left school in
Year 10 and had difficulties from there on. 

9I am told, and have no reason not to accept that in the last 18 months or so, you have been working.  You are working as a tiler and I am told that the employer would be prepared in the long run to give you an apprenticeship.  Your attitude has apparently changed in recent times.  You are the father of a child and the matters related to DHS were explained to me and explained also your past criminal history.  It is a sad situation for one so young.

10The prospects of your rehabilitation are up to you.  The risk of you reoffending is may well be somewhat debatable, but I think that if you - as you indicated to the Corrections people, if you use the courses and the like that can be made available to you during such disposition, they can do such things as allow you out on work release and all sorts of matters which would be very much of assistance.

11In all the circumstances I think the only appropriate disposition is that of a youth - detention at a youth justice centre.  I order that be for a period of 12 months and I direct that two days be reckoned as having been served under that sentence.

12Pursuant to s.6AAA if it is applicable, say that but for your plea of guilty, you would have been sentenced to 18 months in a youth justice centre.  Now there is no other orders I have to make?

13MS MILLAR:  No, Your Honour.

14HIS HONOUR:  All right.

15MR ALLESANDRO:  As Your Honour pleases, thank you.

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