Director of Public Prosecutions v Katonin

[2017] VCC 1090

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 17-00412

DIRECTOR OF PUBLIC PROSECUTIONS

v

PETER DAVID KATONIN

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	9 August 2017
DATE OF SENTENCE:	9 August 2017
CASE MAY BE CITED AS:	DPP v Katonin
MEDIUM NEUTRAL CITATION:	[2017] VCC 1090

REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms SMK Borg	Office of Public Prosecutions
For the Accused	Mr G Barns	James Dowsley & Associates

HIS HONOUR:

1Peter David Katonin, you have pleaded guilty to one charge of dangerous driving causing death, contrary to s.319(1) of the Crimes Act 1958. The maximum penalty for that offence is 10 years imprisonment.

2You pleaded guilty following a committal proceeding conducted to examine medically-related issues of causation, and in the circumstances of this case, it is accepted that I should regard your plea as at an early stage of the proceedings. 

3Your plea is evidence of remorse for your offending, and it has spared the community the need to conduct a criminal trial.  I have taken your plea into account in your favour in mitigation of sentence.

4You have admitted an extensive criminal history, including numerous convictions and court appearances for traffic offences, and you also have prior convictions for drug-related matters and offences of violence.

5A summary of prosecution opening was read to the court, and your offending may be summarised as follows:

6On Wednesday 8 July 2017 at approximately 8.30 am, you were driving a Bicicletta electric scooter on Point Nepean Road in Rye.  You had a pillion passenger, a woman who you are responsible for as her carer.  You were taking her to a pharmacy to purchase medication. 

7The scooter is fitted with pedals. You were each wearing bicycle helmets. The scooter is regarded as a motor vehicle, as defined by s.3 of the Road Safety Act, as it is built to be propelled by motor and used on a highway.  The offence that you have pleaded guilty to concerns the driving of a motor vehicle as so defined. 

8At the intersection of Dundas Street and Point Nepean Road you left the roadway and drove along the footpath for approximately
200 m at speed but less than 25 km/h.  The deceased, Albert May, a fit man of 86, walked from a shop onto the footpath and was struck by you.  He suffered multiple serious injuries, from which he died on 19 August 2015 after protracted and difficult medical treatment.

9You and your passenger assisted him following the collision, and you made full admissions and were cooperative with police when interviewed by them. 

10The scooter you were riding was not registered, and you were unlicensed at that time.  Whilst I accept that the motor vehicle was a type of hybrid bicycle/motorbike, it must have been apparent to you that it would be dangerous to pedestrian if it was ridden on a footpath, and you must have disregarded this obvious fact.

11However, in my opinion, your offending falls at the lower end of seriousness for offending of this type, but the offence that you have pleaded guilty to is a serious one.  The sentence I impose must be calculated to deter you and others from offending in this manner, and you must be punished for what you have done.  You caused the death of a fit, elderly, well-loved man, who was going about his normal daily activities.

12Three victim impact statements were read to the court and tendered in evidence, and I accept that your offending has had a devastating effect on
Mr May's family, and this may never heal for them. 

13I now turn to your personal circumstances. 

14You were born on 11 October 1973, and you are now aged 43.  As I have said, you have a lengthy criminal history, and were imprisoned for short terms during your youth. 

15I have received in evidence the psychological report of Mr Warren Simmons, detailing your background and psychological profile.  I accept that you had an extremely disrupted childhood characterised by physical abuse, growing up in an environment of alcoholism and drug abuse.

16Not surprisingly, your education standards were poor, and you are barely literate.  You have limited intellectual capacity according to Mr Simmons.  Nevertheless, despite your background of disadvantage, poverty and abuse, you have obtained employment for regular periods of time, and were in a relatively stable relationship for a period of ten years during your 20s and 30s.  You have three children.

17Whilst your criminal history is extensive, it does not contain offences of significant seriousness, and you have not offended since this tragic event. 

18You are remorseful for your offending, and you accept responsibility for what you have done.

19You are now in a stable relationship with the woman who you care for, and you will be able to return to the premises in which she resides with her daughter on your release from prison. 

20In my opinion, your prospects of rehabilitation may properly be described as reasonable. 

21Nevertheless, it was accepted during the course of the plea that imprisonment is the only option available to me, and I furthermore have had regard to a number of sentences passed in respect of this offence, which were provided to me in a chart by the prosecution. 

22In the result, the sentence of the court is as follows -   

23In relation to the charge of dangerous driving causing death, you are convicted and sentenced to be imprisoned for 2 years. 

24I order that you serve 12 months imprisonment before becoming eligible for release on parole. 

25But for your plea of guilty, I would have sentenced you to a total term of imprisonment of 3 years, and fixed a non-parole period of 2 years. 

26All driver's licences held by you in the state of Victoria are cancelled, and you are disqualified from obtaining a licence for a period of 2 years.

27I have made the ancillary orders sought by the prosecution. 

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