Director of Public Prosecutions v King

[2019] VCC 86

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

AT BENDIGO
CRIMINAL JURISDICTION

CR 18-00797

DIRECTOR OF PUBLIC PROSECUTIONS

v

BILLY KING

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JUDGE:	HIS HONOUR JUDGE MCINERNEY
WHERE HELD:	Bendigo
DATE OF HEARING:	23 January 2019
DATE OF SENTENCE:	23 January 2019
CASE MAY BE CITED AS:	DPP v King
MEDIUM NEUTRAL CITATION:	[2019] VCC

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Plea of guilty – cultivation of a narcotic plant
Legislation Cited: Drugs, Poisons and Controlled Substances Act 1981; Criminal Procedure Act 2009; Sentencing Act 1991.
Sentence: Convicted and discharged

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Cordy	Office of Public Prosecutions
For the Accused	Mr J. Willee	Tait Lawyers

HIS HONOUR:

1Yes, well in the circumstances, I do not intend to pass a lengthy sentence in the matter.  As has been put before the Court, this matter started before the court, whereby Mr King was subject to eight charges in Indictment H11764212.1, all but two of those that were discontinued. As to the new indictment that came before this Court, being H11764212.2. 

2Following discussions with counsel, the major charge in the indictment, being possession of child pornography, was discontinued and, in fact, formally discontinued today pursuant to 177 of the Criminal Procedure Act, whereby
Mr King then pleaded guilty to the one count left in the filed over indictment, being cultivation of a narcotic plant. 

3That charge, pursuant to the relevant section, 72B of the Drugs, Poisons and Controlled Substances Act 1981, has a regime insofar as penalty is concerned. I am satisfied on the balance of probabilities that the appropriate penalty regime for Mr King is that set out in 72B(a), and that the penalty is a maximum period of imprisonment of one year or a fine of not more than 20 penalty units.

4Quite fairly, it seems to me in the tradition of prosecutor's in this state, Mr Cordy submitted that in the circumstances as set out, without in any way indicating a sentence, he did indicate, on behalf of the Crown that given the circumstances of the actual offence of which this Court is dealing, that a period of imprisonment would be inappropriate.  I agree with that.

5Having heard the plea put by Mr Willee, I convict his client, Mr King, of this charge and discharge him and make no further order, but for the orders that I have made as to disposal.

6MR CORDY:  Thank you, Your Honour.

7HIS HONOUR:  I do, however, for the record - I suppose it is similar to a s.18 declaration, only it is not, but I do, for the record note that your client, insofar as this indictment, has served a period of pre-sentence detention of 544 days, of course, not in regard to the filed-over indictment, but the original indictment, those days now in a Renzella manner and/or just pursuant to general common law, being which we generally call "dead time". 

8The purpose of putting that on the record is so that should Mr King ever be so unfortunate - and we hope not - to come before the Court again, those matters can be taken into account. 

9MR CORDY:  As Your Honour pleases.

10HIS HONOUR:  Yes, I thank both counsel.

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