Director of Public Prosecutions v Hosri

[2014] VCC 1582

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-09-01419

DIRECTOR OF PUBLIC PROSECUTIONS

v

PETER HOSRI

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	26 August 2014
CASE MAY BE CITED AS:	DPP v Hosri
MEDIUM NEUTRAL CITATION:	[2014] VCC 1582

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	Ms N Smith
For the Accused	Mr R Revill

HER HONOUR: 

1I will put him in for six months.  I am activating the sentence and he gets six months, all right and I am very sorry for Mrs Farrah who is always supportive to him, but he cannot think that the can leave this court on a suspended sentence and fall in a heap and then have the assistance of the Office of Corrections and not take up their assistance, which undoubtedly would have had a drug assessment and treatment order attached to it and not take advantage of that and go racketing around the town, you know.  This is it.  It is, you know, face the music time.

2Stand up Mr Hosri.

3You have heard everything I have said, have you not?  You behaved like a complete moron, did you not?  Yes.  You have had every non-custodial disposition this court can throw at you.  You have had suspended sentences., you have had community corrections orders and you just did not take advantage of them, all right?  Now you are going to have a bit of time to sit in gaol and think about your life and what you are going to do when you get out.  You want to fall into a pathetic heap of misery and;  "isn't this awful?", that is a matter for you.  It is a matter for you and you cannot come here and say;  "I've pulled my finger out since April 2014, give me another chance.  " 

4You have had your chances.  You are now facing the music and you need to man up, all right?  I am accepting that the breach is established.  I could put you in gaol for 18 months, Mr Hosri, before you start feeling sorry for yourself.  Mainly because of your wife, who yet again is sitting in court crying. I hope you are thoroughly ashamed of yourself.

5I am only going to make him serve six months of it.  I am sorry Ms Farrah, but I could have given him another 18 months.  He just has not done enough, all right and he is not the one who has done everything.  It is you.  Your husband has to man up and grow up and I am sorry.  I know he has done better and I know he is better with the boys and because of that I am not going to make him serve the whole 18 months, but he is going in for six and this time when you come out, you grow up and look after your family, all right.  No more offending.  No more of your stupid mates and no more drugs.  You understand, you know this condition you have got, this ADHD condition, that is from using Ice, all right?  You know all this, do you not?  I am sorry, but that is ‑ ‑ ‑

6MS FARRAH:  Judge, give him another chance?

7HER HONOUR:  No.  I am not giving him another chance.  Look, by rights he should be going in for 18 months.  He should be and he is not.  He is going in for six, so he has actually done well and that is only because of you.  All right?  Now at law there is just no way he can get another chance.  It is over.  It is all over.  You have got no more chances Mr Hosri.  You get into trouble, every time you come to court again you are going to go to gaol, you understand that?  Because of your record, every time.  You get picked up with a pill, you will be in.  You get picked up for drive whilst disqualified, you have got about four priors for that, you will be in.  So your offending days are over unless you want to spend most of them in gaol.  You need to understand that.  You need to take it on board.  You need to man up and stop offending.  You need to stop feeling sorry for yourself.  Thank you.  I am sorry about that.  I order that he serve six months on that restored sentence.  Thank you.

8MS SMITH:  Yes Your Honour.

9HER HONOUR:  Thank you.  Take Mr Hosri down.  It is all your own fault.  Do not go like that.  I am sorry Mrs Farrah.  All right thank you.  We will stand down.

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