Director of Public Prosecutions v Jones, Brian
[2013] VCC 252
•1 March 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-02247
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRIAN JONES |
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JUDGE: | HIS HONOUR JUDGE MAIDMENT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 1 March 2013 | |
DATE OF SENTENCE: | 1 March 2013 | |
CASE MAY BE CITED AS: | DPP v Jones, Brian | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 252 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr P O'Halloran (Office of Public Prosecutions) | |
| For the Accused | Mr R Martini |
HIS HONOUR:
1 Brian Jones, you have pleaded guilty to an indictment charging you with committing damage to property, namely the front door of premises that you entered as a trespasser within intent to commit an offence involving an assault on a person therein. At the time of entering a person was then present in the building and you knew that. So there are two offences; one of damage to property, and one of aggravated burglary. You can sit down for the moment.
2 The offence of damage to property, carries a maximum term of imprisonment, 10 years' imprisonment, and the offence of aggravated burglary carries a maximum term of imprisonment of 25 years. You have admitted a previous court appearance but I have been told the circumstances of that and it is a long time ago and I do not regard that as having any bearing at all upon the sentencing task that I have to perform now.
3 The prosecution has tendered and relied upon a prosecution opening which is Exhibit A on the plea, and I incorporate that in its entirety and to these reasons. It demonstrates that there was a background history which involved your co-offenders and the victim. You became embroiled in it. Perhaps with a degree of provocation you made the unfortunate decision of damaging the front door of these premises, in circumstances where it must have been obvious that there was a strong undercurrent of violent intent. At least, in your two co-offenders.
4 Once you got inside the premises, the subject of the aggravated burglary, it is clear, it seems to me, that you quickly realised that this was not a place that you wanted to be and that you did not wish to participate in what was going on. Your sense of responsibility returned to you and you did what you could to prevent the events escalating into a more serious episode.
5 I do not know that I need to say much more about the offending conduct. You have pleaded guilty to the offence and saved the community the cost of a trial. I have no doubt at all that you are remorseful and I think that the early plea to this has indicated that remorse, or at least supported the proposition you were remorseful.
6 You are 36 years of age. Tendered on your behalf were various letters from family members and from your employer, and also a letter from you to your victims, essentially of apology and explanation. It is difficult to understand how you did become involved in this quite frankly. It does seem to be out of character and there is no doubt that you have put yourself in a position where a conviction for serious offences of this nature could impact upon your ability to work in the future, and could have other unfortunate consequences for your future. That, I think, is a degree of punishment in itself.
7 You have the support of your girlfriend and your immediate family and I think it is unlikely it might be that you will offend again. In those circumstances I think your prospects of rehabilitation are very good. It is necessary for me to express the denunciation of this court of offending conduct of this kind, and it is serious offending conduct, albeit your part in the offending conduct was considerably less than that of your co-offenders. I need to punish you appropriately for the part that you played. And I need to deter others from committing offences of this kind in the future, whilst at the same time facilitating your rehabilitation as best I can.
8 It is submitted on your behalf that I can deal with you by way of a community correction order with the condition only that you perform some community work. As I discussed with your counsel it is necessary for me to have regard to the sentences that were imposed on your co-offenders. In relation to Jenkins, he was required to serve a term of imprisonment as well as performing 300 hours community work. That was a reflection of the greater part that he played in the offending, and also the fact that he had been placed on a community correction order, by me as it turns out, only about three weeks before the offending conduct, for an incident not quite similar to the incident on this particular night.
9 Your other co-offender was sentenced to a community correction order which required her to perform 150 hours of unpaid community work. I think, in all the circumstances, your culpability was less than hers and I have indicated to your counsel that my inclination was towards requiring you to perform 100 hours of unpaid community work. I am therefore in the position to impose that sentence if you consent to be placed on such an order.
10 There are certain core conditions and when I find The Sentencing Act I will read them out to you. You must not commit, whether in or outside Victoria, during the period of the order an offence punishable by imprisonment. You must comply with any obligation or requirement prescribed by the regulations. You must report to and receive visits from the Secretary of the Department of Corrections, or his or her nominee, during the period of the order. You must report to the Community Corrections Centre specified in the order in two clear working days after the order coming into force. And if I impose the order this afternoon that would be, I think probably four o'clock on Tuesday next.
11 What is the centre?
12 MR MARTINI: The closest centre would be Lilydale, Laura Gallagher
13 HIS HONOUR: Lilydale? Yes, all right We can look up the address and include that in the order.
14 MR MARTINI: Yes, of course.
15 HIS HONOUR: You must notify the Secretary of the Department of Corrections or his nominee of any change of address or employment within two clear working days after the change. You must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary of the Department of Corrections. You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order. Of course, if you fail to comply with the order, you can be brought back here and sentenced again. It is an offence to breach a community correction order. During the period that the order is enforced therefore, you must not commit any other offence that is punishable by imprisonment
16 I propose to order that you be required to perform 100 hours of community work and that is to be done within a period of, I think, one year from today. And once you have performed the 100 hours, the order will automatically come to an end because I do not propose to impose any other conditions on the order. So the order will be enforced for prima facie 12 months but will in fact come to an end once you have performed that 100 hours of community work. Do you follow? Do you consent to be placed on that order?
17 I also will order that you be convicted of the two offences to which you pleaded guilty,. so that will be on your record. And I am now willing to pronounce the order that I have just outlined. You will be required to sign the order and that is just being prepared as I speak.
18 MR MARTINI: As Your Honour pleases.
19 HIS HONOUR: Now, the ancillary orders? I make the compensation order and I will sign that in a moment. I decline to make the order for a forensic sample in all the circumstances.
20 MR O'HALLORAN: Is Your Honour minded to give a s.6AAA indication?
21
HIS HONOUR: I should do that. Had it not been for your plea of guilty I would have sentenced you to a community correction order with a requirement that you perform 150 hours of community work. All right? As I indicated I will make the compensation order in favour of
Terrence Graham Heywood in the sum of $291.50.
22 MR MARTINI: Yes Your Honour. Might Your Honour make an order on the basis of a stay of two months in relation to that payment of compensation?
23 HIS HONOUR: Yes. Am I able to do that?
24 MR MARTINI: It then becomes a civil venture, Your Honour, I suppose in that sense that Your Honour can make a direction as to when it should be paid by, that is in the form of a - - -
25 HIS HONOUR: Yes. Well I will certainly - yes I see. I will grant a stay of two months, yes.
26 MR MARTINI: Thank you very much. I can hand up the three copies of the signed compensation order and perhaps I will hand back the copies of the draft orders that - can they go into the recycling bin?
27 MR MARTINI: Is this my client, Your Honour, with regard to signing the document?
28 HIS HONOUR: Yes indeed. Would you do that please, thank you?
29 MR MARTINI: I can do.
30 HIS HONOUR: I signed that order. The order is now made. You may leave the Dock.
31 MR MARTINI: As Your Honour pleases.
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