Director of Public Prosecutions v Landers

[2016] VCC 1285

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

AT MELBOURNE
CRIMINAL JURISDICTION

AP-15-0788

DIRECTOR OF PUBLIC PROSECUTIONS

v

JOEL LANDERS

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JUDGE:	HIS HONOUR JUDGE RYAN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	26 August 2016
CASE MAY BE CITED AS:	DPP v Landers
MEDIUM NEUTRAL CITATION:	[2016] VCC 1285

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. S.P. Thomas	Office of Public Prosecutions
For the Accused	Mr. A. Malik	Victoria Legal Aid

HIS HONOUR:

1Joel Landers, on 4 August last year, you came before me to prosecute your appeal against sentence imposed by the Magistrates' Court at Sunshine on 8 April 2015. 

2On 4 August 2015, I sentenced you to a Community Corrections Order for a period of 24 months with conditions.  In respect to charges of intentionally damaging property, recklessly causing injury, dishonestly undertaking in the retention of stolen goods, possession of an imitation general category handgun, use an unregistered motor vehicle, drive whilst your authorisation to drive was suspended and two counts of fail to answer bail.  As well there were further charge of drive whilst your authorisation was suspended, a further charge of using an unregistered motor vehicle, a charge of using or displaying a number plate other than that which was issued to the vehicle, a charge of theft, a second count of driving a motor vehicle with the incorrect number plate attached, unlawful assault, carrying a prohibited weapon without an exemption or approval and intentionally damaging property. 

3On 17 December 2015, you were charged with, without reasonable excuse, failing to comply with the conditions of a Community Corrections Order being the Community Corrections Order that I imposed on you, and you were bailed on your own undertaking to appear.  You were due to appear before me on 16 February this year, but failed to do so and a warrant issued for your arrest.

4That warrant, together with other warrants, were executed on you on or about the 27 July of this year.  You came before me on 27 July this year and made no application for bail and you were remanded in custody until today.  You pleaded guilty to the charge of failing to comply with the conditions of a Community Corrections Order. 

5A report was received from the Department of Justice and Regulation, that details the matters that have brought this prosecution.  In short, you failed to perform any unpaid community work.  You failed to attend for treatment and rehabilitation appointments and you failed to attend various appointments in respect of your supervision.

6In short, there was minimal compliance with the Community Corrections Order and the recommendation of the Community Corrections officer is that it be cancelled and that you be re-sentenced. 

7Mr Malik, public defender, submitted that you should be re-sentenced to a period of imprisonment that equates to your pre-sentence detention in respect to these matters, a period of 37 days. 

8Mr Malik informed me that you have a number of matters listed before the Magistrates' Court on 7 September.  There are five separate lots of charges said to arise out of your conduct that occurred on 11 June of 2015, 25 October 2015, 6 December 2015, 27 February of this year, and between 15 July and 25 July of this year. 

9I was informed that you intend to plead guilty to some of these matters, but intend to contest some others.  On the material before me, you are estranged from your partner and children.  You appear to be estranged from your parents. 

10The conduct that brought about you contravening the conditions of your Community Corrections Order is rooted in your refusal to rely upon any form of identification or give personal details to government authorities whose role it is to support you.  You seem to wish to deliberately live "off-the-grid." 

11To my mind, this attitude is redolent of some psychological disorder, but there is no evidentiary material before me, for me to form this view. 

12You are 38 years of age.  You have limited education, you have a number of qualifications for the operation of plant and machinery and generally speaking, you have worked in rural and metropolitan Victoria as a plant operator.  Since your estrangement from your family, you have become a fringe-dweller.  You have pleaded guilty and I take that into account.  You have not complied in any real sense of that word, with my sentence.  You would be non-compliant with any community-based disposition that I would impose on you. 

13You have relevant prior convictions.  I am now referring to the list of charges as they appear within the summary from the Magistrates' Court.  On Charge 1, intentionally damage property, Charge 2 reckless cause injury, Charge 4, dishonestly undertake in the retention of stolen goods, Charge 5 possess an imitation category hand-gun, Charge 8 fail to answer bail, Charge 9, fail to answer bail, Charge 13, theft, Charge 15 unlawful assault, Charge 16, carry a prohibited weapon without exemption or approval, and Charge 17, intentionally damage property, I sentence you to an aggregate term of six months' imprisonment.

14In respect to Charge 6, use an unregistered motor vehicle; Charge 7, drive whilst authorisation is suspended, Charge 10, drive whilst authorisation is suspended, Charge 11, use an unregistered motor vehicle, Charge 12, use a vehicle displaying the incorrect plates and Charge 14, an identical offence, I convict and fine you the sum of $500 and I grant a stay of 12 months in respect to that fine. 

15In respect to the offence of without reasonable excuse, failing to comply with the conditions of a Community Corrections Order, I sentence you to one month's imprisonment. 

16I disqualify you from obtaining any licence or permit to drive a motor vehicle in the State of Victoria for a period of six months. I declare that you have spent 37 days by way of pre-sentence detention, not including today. Pursuant to s.6AAA of the Sentencing Act 1991 but for your pleas of guilty, I would have sentenced you to 12 months imprisonment in respect of the charges that I have sentenced you to a term of imprisonment and I would have fined you a fine of $1000 in respect to those offences for which you have been fined an aggregate fine of $500.

17Are there any other matters that we need to deal with?

18MR MALIK:  Just one matter if I can clarify Your Honour.

19HIS HONOUR:  Yes.

20MR MALIK:  When I made the submission to Your Honour about pre-sentence detention.

21HIS HONOUR:  Yes.

22MR MALIK:  It was on the basis of two periods of time, the first being from 27 July until today, not including today.

23HIS HONOUR:  Yes, being how many days?

24MR MALIK:  Did Your Honour say the warrant was executed on the 22nd, or the 27th?

25HIS HONOUR:  The 22nd.  That was the day he came before me.

26MR MALIK:  So that might change the calculations.

27HIS HONOUR:  Yes.

28MR MALIK:  I'm just relying on the remand history which indicated he came into remand on the 27th.

29HIS HONOUR:  We will just check those dates then.

30MR MALIK:  Thank Your Honour.

31HIS HONOUR:  My understanding is he came before me on the 22nd, but I may be wrong about that.  The 27th?  All right.  Then I will correct my sentencing remarks to say it was executed on the 27th and not the 22nd.

32MR MALIK:  Thank Your Honour and that makes the pre-sentence detention correct.

33HIS HONOUR:  Thank you very much for bringing that to my attention.  Are there any other matters?

34MR MALIK:  No thank you, Your Honour.

35MR THOMAS:  No, Your Honour.

36HIS HONOUR:  Would you remove the prisoner please.  Thank you for your assistance in this matter. 

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