Director of Public Prosecutions v Hester

[2013] VCC 891

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

AT BENDIGO

CRIMINAL DIVISION

DIRECTOR OF PUBLIC PROSECUTIONS

V

JOEL EDDY HESTER

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JUDGE:	HIS HONOUR JUDGE PILGRIM
WHERE HELD:	Bendigo
DATE OF HEARING:	14 June 2013
DATE OF SENTENCE:	14 June 2013
CASE MAY BE CITED AS:	DPP v Hester
MEDIUM NEUTRAL CITATION:	[2013] VCC 891

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REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr G Hayward
For the Accused	Mr R Thyssen

HIS HONOUR:

1       The formal orders of the court are this, that the Community-based Orders that were made in the Mildura County Court on 13 May 2011 are cancelled.  The offender, or the accused, admits breaching those Community-based Orders.  In respect of the two offences, that is of indecent act, on each offence of indecent act he be convicted and sentenced to one month's imprisonment.  Each of those one month sentences are to be served concurrently with the restored prison terms about to be announced.

2       You had three counts of sexual penetration, in which instance I sentenced you to 12 months imprisonment, you must remember that, so I restore those three 12 month sentences, each of those to be served concurrently with one another.

3       I further order that the prisoner be eligible for parole on serving four months of imprisonment and further you will be given credit for having served whatever days of imprisonment you have already served and we will check that and make sure we have got that right for you, because it means that four months has been reduced to less than three months, two and a half months, if I have got it right.  Somewhere in that vicinity.  Four months less six weeks but we are checking to make sure you have every day you are entitled to.  Do you understand that?  Mr Hayes would you have a chat to him, please, and make sure he knows how to contact and work with drug counsellors.  He has got a real problem with cannabis.  And also if there is liaison officers up there in Swan Hill how he should go about contacting them, because he is entitled to Aboriginal services because of his culture and very valuable background in terms of his heritage.

4       So I will come back and tell you what your credits are, but they are making sure you get every one of those credits.  There is no other orders sought is there?

MR HAYWARD:  No Your Honour.

MR THYSSEN:

HIS HONOUR:  Thank you, adjourn temporarily.

(Short adjournment.)

HIS HONOUR:  You've agreed on the days, have you?

MR THYSSEN:  Yes we have, Your Honour, 38.

HIS HONOUR:  You have a quick word to your client and make sure he understands what that all means.

MR THYSSEN:  Yes Your Honour.  He understands that now Your Honour.

HIS HONOUR:  Thank you.  Has Hayes gone (Aboriginal Alcohol and Drug counsellor), has he?

MR THYSSEN:  I don't know.

HIS HONOUR:  If you see him, Mr Thyssen, thank him for his help.

MR THYSSEN:  I will, thank Your Honour.

HIS HONOUR:  I have also ordered that you  be given credit for having served 38 days of imprisonment, do you understand that?  So that comes off the four months straight away.  Thank you, take him away, thank you.

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