Director of Public Prosecutions v Hughes (a pseudonym)

[2016] VCC 433

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

AT MELBOURNE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

BROOKE HUGHES (a pseudonym)

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	14 April 2016
CASE MAY BE CITED AS:	DPP v Hughes (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2016] VCC 433

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 G. Slim
For the Offender	Mr B. Johnston

HIS HONOUR: 

1Brooke Hughes[1] - you can stay seated for the time being - you have pleaded guilty to an indictment charging you with recklessly causing injury to William Baker[2] on 11 July 2014 and you have also pleaded guilty to a related summary offence, namely that you breached a family violence intervention order by contacting him via letter and, it seems, text messaging during the period between 5 August and 7 August 2014.  You have a prior criminal record, although I do not regard it as relevant to these proceedings.

[1] Brooke Hughes is a pseudonym

[2] William Baker is a pseudonym

2The prosecution has relied upon a summary of prosecution opening, Exhibit A, I incorporate that in its entirety into these reasons for sentence, and has also relied upon photographs, which are Exhibits B, C and D.

3There is no victim impact statement.  I gather that during the committal proceedings things were said by the victim which would suggest that he still bears animosity. But this matter clearly arose out of a toxic domestic relationship which is, thankfully, now well and truly over and in circumstances where you were not the first person to produce the knife in the squabble that you were having with your partner.  However, when you got it you stabbed him.  You could have killed him.  You could have been up on a murder charge very easily.  You are lucky that he did not die.  You are lucky that you did not hit a major artery.  If you do something like that again, you will be in very serious trouble indeed.

4The charge to which you plead guilty is a serious one and even though it arose in the circumstances that I have outlined briefly, it is not to be overlooked. The court is required to punish you, to denounce your conduct, to deter you from doing something like that again and also to deter others, but it is important, I think, to reflect the fact that you have made considerable changes in your life.  You now have a good relationship with a new partner and you are supported by your family. You have made significant efforts to address your drug problems.  All of that, I think, bodes well for the future and I would hope that you will not commit any further offences. 

5The duty of the court also is to promote your rehabilitation as far as it reasonably can in all the circumstances.  I take into account your plea of guilty, and you are entitled to full credit for that.  It came late in the day, but it came in time and you are entitled to the utilitarian value for that. 

6I take the view that although this is a serious offence, time has gone by, it is not far short of two years since the offending conduct. I think in all the circumstances the delay has worked in your favour and it is a significant factor in determining the appropriate sentence.

7You have spent four days in custody.  That should be a bit of a lesson to you as to what might come your way if you were to offend again, particularly in a similar way. 

8I am going to punish you.  You are required to do 60 hours of unpaid community work.  You will be required to comply with the terms of the order.  All that will have to be done within the next 12 months.  The order will come to an end as soon as you have completed the 60 hours.  You will be required to attend when you are supposed to, to complete those hours.  If you fail to do so, you will be in breach of the order.  If you fail to complete the hours, you will be in breach of the order, and if you are up on a breach, then you are up for maybe three months' imprisonment for breaching and also you will be up for re-sentencing on this matter and a more severe punishment may come your way if that turned out to be the case. 

9Now are you willing to comply with that order?

10OFFENDER:  Yes, Your Honour.

11HIS HONOUR:  Yes, all right.  That is the order I make.  But for your plea of guilty, I do not think I need to declare it, do I, because I am not imposing a term of imprisonment.

12I also make the disposal order in terms of the draft which I have been provided, all right? 

13Take a seat whilst the community correction order is drawn up.

14OFFENDER:  Thank you.

15HIS HONOUR:  And you will be asked to sign that in a moment.  Is there anything else? 

16MR JOHNSTON:  No, Your Honour.

17MR SLIM:  The summary charge, Your Honour, is that covered by ‑ ‑ ‑

18HIS HONOUR:  I am sorry.  Yes, I will impose the order for both the indictment and the summary charge.

19MR JOHNSTON:  As Your Honour pleases.

20HIS HONOUR:  I think I might just allow your client to leave the dock in the circumstances and proceed with the next matter.  She can sign the order.  Please supervise that, will you, Mr Johnston, and make sure she understands what she is being asked to sign?

21MR JOHNSTON:  I will, Your Honour.  As Your Honour pleases.

22HIS HONOUR:  And make sure that the order is in the proper form.

23MR JOHNSTON:  I'll check them, Your Honour.

24HIS HONOUR:  Yes.

25MR JOHNSTON:  May I be excused from the Bar table?

26HIS HONOUR:  Yes, you may.

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