Director of Public Prosecutions v Lennen, Damien Peter
[2013] VCC 60
•7 February 2013
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT BENDIGO
CRIMINAL DIVISION
CR-11-00714
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| DAMIEN PETER LENNEN |
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JUDGE: | HER HONOUR JUDGE WILMOTH | |
| WHERE HELD: | Bendigo | |
| DATE OF HEARING: | 7 February 2013 | |
DATE OF SENTENCE: | 7 February 2013 | |
| CASE MAY BE CITED AS: | DPP v Lennen, Damien Peter | |
| MEDIUM NEUTRAL CITATION: | [2013] VCC 60 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr B. Kissane | |
| For the Accused | Mr D. Sheales |
HER HONOUR:
Damien Peter Lennen, you have pleaded guilty to one charge of theft which occurred on 23 July 2009. The maximum penalty for theft is 10 years' imprisonment.
On that day you were in the Maryborough Highland Society Pub Tab, a social club in the town of Maryborough. The complainant was also there and he was placing bets and drinking. You assisted him to place a bet on the trifecta for a greyhound race and he placed the slip, together with another one on a nearby table. Soon afterwards, he discovered that he had won the trifecta and he began to celebrate. You approached him, said something to him, checked his betting slip and confirmed that he had won. You then left that area of the club and a short time later the complainant left the betting slips on the table while he went to place other bets.
You returned to the area, picked up the slips and dropped one on the floor; you kept the winning ticket and left. Elsewhere in the club you deposited the stolen slip in an EBT, an Electronic Betting Terminal, and you were issued with a credit voucher for $54.83 which was the dividend for the trifecta win. The complainant discovered the loss of his ticket and reported it to the manager. You left the club and went to a hotel, where you used the voucher to make further bets, all unsuccessful.
When you were interviewed by the police you admitted to taking the ticket and that you made no inquiries as to whom the ticket belonged. It was a blatant theft and you deserve to be punished for it.
You have now pleaded guilty and for that you are entitled to a discount on your sentence because it has avoided the expense and inconvenience of a trial and that is accepted as being of value to the criminal justice system. It is also an indication of remorse and I accept that. There has also been a long delay in this matter and I take that into account.
Although you have a criminal history of convictions for dishonesty, committed as I have been told to finance a gambling habit, you have been able to avoid further trouble of this type in recent years and for that you deserve some credit. You have been working and you are about to start a new job and hopefully you will not be returning to this type of antisocial behaviour and you will no longer be a nuisance to the community.
It is a small amount of money and the complainant can be reimbursed for his loss. I will make that order that you pay the compensation $54.83. A conviction will be recorded and you will be fined the sum of $300. I will grant a stay. I will ask Mr Sheales about that in a moment.
MR SHEALES: Two months, Your Honour.
HER HONOUR: Two months? Yes, a stay of two months. If you had pleaded not guilty to the charge I would have fined you the sum of $500.
COUNSEL: If Your Honour pleases
HER HONOUR: I think that is all. Anything further, Mr Sheales?
MR SHEALES: No, Your Honour.
HER HONOUR: Have I omitted anything, Mr Kissane?
MR KISSANE: No, Your Honour.
HER HONOUR: No, very well. I have signed that compensation order. That will be available as soon as my associate comes back into the court. Perhaps you can just wait for that.
MR KISSANE: Yes, thank you, Your Honour.
MR SHEALES: If Your Honour pleases.
HER HONOUR: And thank you for your assistance, Mr Sheales.
MR SHEALES: My pleasure, Your Honour.
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