Director of Public Prosecutions v Jackson
[2012] VCC 1243
•21 August 2012
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT BENDIGO
CRIMINAL DIVISION
Case No. CR-09-02056
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| GORDON JACKSON |
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JUDGE: | HER HONOUR JUDGE PATRICK | |
WHERE HELD: | Geelong | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 21 August 2012 | |
CASE MAY BE CITED AS: | DPP v. Jackson | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1243 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr P.R.M. Jones | OPP |
| For the Accused | Mr D.U. Robertson |
HER HONOUR:
1 Gordon Jackson, you have pleaded guilty to one count of reckless conduct endangering serious injury. The maximum penalty for that offence is five years' imprisonment. You have also pleaded guilty to an uplifted summary charge of breaching an intervention order. The maximum penalty in relation to that offence is two years' imprisonment.
2 The circumstances of your offending were set out in a summary of prosecution opening on plea which was tendered as Exhibit A. The material facts in that summary were agreed.
3 The circumstances of your offending involved a situation where you came upon your ex-partner driving on a road somewhere near Romsey. She had your daughter, Rebecca, in the car with her. You were in a vehicle with your son, Harley, in the car with you. Shortly prior to this, you had been served with an interim intervention order in relation to Ms Howden and your daughter, Rebecca.
4 It appears, and this has not been contradicted, that the context of your behaviour was in the context of disputation with Ms Howden and difficulties in that relationship at the time. Your driving involved tailgating Ms Howden's vehicle and driving in an erratic manner. The way in which you drove was definitely reckless in the sense of anybody who drove in that way must appreciate that there was the probability of a risk of serious injury being a consequence of that conduct. Fortunately no such injury did occur.
5 It appears from the victim impact statement by Ms Howden, tendered as Exhibit B, that she suffered some anxiety as a result of this incident. She also says, and I accept, that your daughter, Rebecca, was somewhat shaken by this incident.
6 This incident occurred on 5 September 2008. You were arrested by police shortly after. You did not wish to take part in an interview with the police as is your right.
7 The charges against you have taken a very considerable amount of time to come to court. From what I understand, that is principally due to the difficulties in this kind of matter being dealt with in the lists in this court. It is agreed that the delay was not as a result of any fault on your behalf.
8 In sentencing you I have taken into account your personal circumstances such as I understand them to be. I have been provided with relatively limited information. I have taken into account that you are now 50 years of age. You have been working in the same employment for about ten years. You have a position of some responsibility in the employment.
9 Since the time of this offending you have been caring for both of your children. That arrangement appears to have given both your son and your daughter considerable stability and they appear to be progressing well. I have taken into account the arrangements for your son to get to work. He requires being taken by you to your employment where he waits and then gets a lift to his work as a carpentry apprentice.
10 I have also taken into account that you assist your parents on some occasions with matters such as shopping.
11 I have taken into account the medical information that I was provided with in your care plan which was tendered as Exhibit 1 on your behalf.
12 It appears that you have had a significant health issue in relation to your heart. It was said, and I accept, that you have had an operation which required two stents being put in place and it appears from the medical information that you are currently being monitored by various medical practitioners.
13 I have also taken into account that matters between you and Ms Howden have calmed down to a considerable degree.
14 Your counsel in submissions on your behalf said that this offending occurred in the context of a momentary loss of reason. I accept that this offending was over a relatively short period of time but nevertheless it is not just a matter of momentary loss of reason. You engaged in conduct which must have gone on for at least some minutes and was a sort of conduct which should not have been engaged in on your behalf in any circumstances. It is particularly serious that you engaged in this conduct with both of your children in vehicles driven by you and your ex-partner. I do accept that there has been no lasting adverse impact on your children and note that they are both here in support of you.
15 You have admitted a prior criminal history which involves a considerable number of court appearances including matters of violence. Those matters appear to have largely ceased by 1995 although you have one apparently more minor transgression which resulted in a court appearance in 2006. In 2006 you were fined $750 for an unlawful assault.
16 It is a serious matter for a person to use a motor vehicle to drive in this way and to commit this type of offence. It is also a serious matter to breach an intervention order made by a court, albeit an interim intervention order.
17 It is my view that, especially given your prior criminal history, a sentence of imprisonment is warranted in this case for the purposes of denunciation, punishment, general deterrence and specific deterrence.
18 I have taken your personal circumstances into account as I have said and consider there are a number of matters within those circumstances which give rise to mitigation of sentence. I particularly refer to your state of health and the circumstances in which you are now living with your children.
19 The delay in this matter has been considerable. That also operates in mitigation of sentence. You have had this matter hanging over your head for four years. During that time you have got on with working and caring for your children.
20 I note that the major part of your criminal history occurred many years ago and consider that you have very good prospects for rehabilitation. You are also entitled to a discount in sentence for your plea of guilty in this matter. Your plea of guilty was made late but in unusual circumstances given that you had been representing yourself. In the circumstances you have saved the cost and convenience and trauma to various people of a trial.
21 It is my view that in the absence of this delay I would have made an order against your driver's licence. Given the delay and the need you have for your licence and the importance of your licence in your work and your ability to care for your children, I consider it appropriate not to make an order against your licence. Because of the delay, your medical condition and your very good prospects for rehabilitation, I consider it desirable in the circumstances to wholly suspend any sentence of imprisonment imposed.
22 The conduct that is alleged against you forms the basis of both the indictable matter and the summary charge. In those circumstances I do not consider it appropriate to impose an extra penalty in relation to the charge of breaching of an intervention order.
23 Could you please stand up, Mr Jackson.
In relation to Charge 4 - reckless conduct endangering serious injury; you are convicted and sentenced to ten months' imprisonment. That sentence of imprisonment is wholly suspended for a period of ten months.
In relation to the summary charge - breaching an intervention order; you are convicted and discharged.
The effect of a suspended sentence is that you must not commit any offence for which imprisonment is a potential penalty in the next ten months. If you commit any criminal offence for which imprisonment is a potential penalty, you will be brought back before me on a breach of suspended sentence. Unless there are exceptional circumstances you will be required to serve the ten months. It is very important that you make sure that you do not do anything to break any law between now and the end of ten months. Obviously it is important you do not break the law after that either but the consequences are very serious for you if you do break the law within the next ten months.
But for your plea of guilty I would have sentenced you to a term of imprisonment of 16 months with a non-parole period of ten months.
Thank you, Mr Jackson. Can you sit down please.
24 Now, is there anything either of you can think of, Mr Jones or Mr Robertson, that I have left out that procedurally I need to deal with or technically I need to deal with?
25 MR JONES: I can't think of anything, Your Honour.
26 HER HONOUR: All right. Mr Robertson?
27 MR ROBERTSON: No, Your Honour.
28 HER HONOUR: Now, Mr Robertson, thank you very much for your assistance.
29 Mr Jackson, I am confident I will not see you again but let's keep it that way. I have no doubt this was all very difficult for you but thank you for the discussions that you had in being able to resolve the matter as well. You have saved a lot of people a lot of difficulty. Thank you.
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