Director of Public Prosecutions v Langdon
[2022] VCC 1504
•5 September 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Suitable for Publication |
AT Melbourne
CRIMINAL DIVISION
Case No. CR-21-00201
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANTHONY JAMES LANGDON |
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JUDGE: | HIS HONOUR JUDGE CHETTLE | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 29 August 2022 | |
DATE OF SENTENCE: | 5 September 2022 | |
CASE MAY BE CITED AS: | DPP v Langdon | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1504 | |
REASONS FOR SENTENCE
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Subject:
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Sentence: Imprisonment 2 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr P. Pickering | Ms A Lioudvigova |
| For the Accused | Mr C. Farrington | Mr T Smedley |
HIS HONOUR:
1 Anthony Langdon, you have pleaded guilty to one charge of obtaining a financial advantage by deception. The charge is a rolled-up charge and encompasses you paying 22 valueless cheques into bank accounts controlled by you between November 2016 and November 2018. You obtained a credit balance on your accounts as a result and you sought to withdraw cash before the cheques were dishonoured. You obtained credit of $370,339 and you managed to withdraw $181,896.61 from four banks and one credit union.
2 The detailed facts of your offending are set out in the prosecution opening, Exhibit A, and I was informed by your counsel that I could treat that document as an agreed statement of fact. I incorporate it into these reasons for sentence and sentence you on the basis of the facts set out therein.
3
You are now 40 years of age. You were 34 to 35 at the time of your offending. Your personal history is set out in the report of psychologist Gina Cidoni,
Exhibit 2. You were born in Mildura and you have a troubled relationship with your father and older half siblings.
4 You attended Melbourne University and obtained a degree in biomedical science. You worked in pathology for a year after completing your degree, however, have worked in hospitality thereafter. You were managing restaurants up to a few months ago.
5 You had a series of personal relationships. A five-year relationship when you were 15 to 20 ended badly. You reported self-harming when that relationship ended. From the age of 24 to 29 your next relationship saw you married and live overseas briefly. Unfortunately your wife died in 2012 of cancer and you apparently suffered a nervous breakdown that saw you return to live with your parents for six months. Your third relationship ended in 2018. You assaulted that partner in 2016. She suffered a miscarriage and the relationship ended due to your mental health issues. You have been single for the past five years, living in Melton.
6 You started consuming alcohol when you were 15. You used LSD and MDMA as a teenager. Your MDMA use became a daily habit. You have also used magic mushrooms. Up until you were in prison in 2015 you were using cocaine and methylamphetamine. That use continued after your release from prison.
7 You reported a past diagnosis of borderline personality disorder, bipolar disorder, major depression and anxiety. You are currently medicated for borderline personality disorder, depression and anxiety.
8
As I discussed with your counsel on your plea, I am concerned that much of
Ms Cidoni’ s report is based on your reporting. This often happens in pleas before this court; self-report suddenly becomes fact. I am somewhat uncertain how much weight should be given to the psychological reports based on the assertions of offenders, however, the work of this court would grind along unless I accepted the contents of psychological reports. I somewhat reluctantly act on the contents of Ms Cidoni’ s report and accept you suffer from the mental health issues she outlines. The bundle of medical records, Exhibit 3, provided by your counsel support Ms Cidoni’ s findings.
9 It is clear that you have been regularly admitted to hospital because of regular attempted suicide and self-harming incidents. Just how much abuse of illicit drugs has contributed to your issues cannot be determined. Ms Cidoni reported at paragraph 57 that drugs 'would have intensified his mental illness and further impaired his ability to make rational judgments and control his behaviour'.
10 Ms Cidoni outlines potential issues that your behaviour may create for you in prison. Your anxiety in a high-stress environment may adversely affect your mental health. You may not receive the treatment you require. I take these factors into account in sentencing you.
11 You have admitted a prior criminal record. In 2003 you were fined for trafficking offences, stalking, causing injury, using telecommunications to menace and, relevantly, obtaining property by deception. In 2015 you were sentenced to a community corrections order, with drug and mental health conditions, for offences including dealing with property suspected of being proceeds of crime. In February 2016 you received another community corrections order for the offence of obtaining financial advantage by deception. You were previously imprisoned for drug trafficking in late 2015.
12 Your counsel provided written submissions, Exhibit 1. His chronology highlights the delay that has occurred in getting your case concluded. You were arrested and interviewed in February 2018, but not charged until January 2020. There is no explanation for that delay. It certainly was not your fault. Thereafter, the COVID-19 pandemic saw your committal delayed until February 2021 and your plea taken in March this year. You have had this matter hanging over your head for over four years. This has been particularly difficult for you given your high anxiety - and I take that delay into account in sentencing you.
13 I take into account your plea of guilty. You have accepted responsibility for your actions and demonstrated remorse. By pleading guilty you have spared the community the cost of a criminal trial. You are entitled to, and shall receive, a reduction to the sentence I would otherwise impose to reflect that plea of guilty. The value of that plea of guilty has increased because of the effect COVID-19 has had upon our legal system and you shall receive a greater reduction in sentence as a result.
14 Your prospects of rehabilitation are guarded. Your prior criminal history, especially your prior dishonesty offences, together with your history of drug abuse, make your future problematic. You need to deal with your drug use and get treatment and counselling as recommended by Ms Cidoni. I direct that a copy of Ms Cidoni’ s report be provided to Corrections.
15 On the plus side you do enjoy the support of your mother, who appears to be a calming influence on you. You also have a solid work history.
16 Your offending is a serious example of the offence of obtaining a financial advantage by deception. As I said, it is a rolled-up count covering a year of planned criminal conduct. It had a degree of sophistication, although I accept you created a paper trail that made your detection inevitable.
17 General deterrence, specific deterrence and just punishment are the important sentencing factors in your case. Others minded to act as you did need to understand that prison terms are inevitable and your history shows that you need to be further deterred from reoffending. It is hoped that you will use your time in custody to deal with your drug addiction.
18 On the one charge of obtaining a financial advantage by deception you are convicted and sentenced to be imprisoned for two years. I order that you serve 16 months of that sentence before being eligible for parole.
19 What is the PSD? Does anyone know?
20 MR PICKERING: It's seven days, Your Honour, because he went into custody on the day of the plea.
21 MR FARRINGTON: That's right, Your Honour.
22 HIS HONOUR: All right.
23 I declare that seven days of that sentence have already been served by way of pre‑sentence detention.
24 Pursuant to s6AAA of the Sentencing Act I indicate that but for your plea of guilty I would have imposed a term of imprisonment of four years, with a non‑parole period of three.
25 Any other orders?
26 MR PICKERING: No, Your Honour.
27 MR FARRINGTON: No, Your Honour.
28 HIS HONOUR: All right. Thank you. We'll terminate the links.
29 MR PICKERING: If Your Honour pleases.
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