Director of Public Prosecutions v Linton

[2014] VCC 2131

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 11-01499

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRANDON LINTON

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	10 December 2014
DATE OF SENTENCE:	10 December 2014
CASE MAY BE CITED AS:	DPP v LINTON
MEDIUM NEUTRAL CITATION:	[2014] VCC 2131

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:  Sentence – Breach of Community Corrections Order – Long history of cannabis use – Failure to take opportunities to receive appropriate treatment

Sentence:Twelve months’ imprisonment (aggregate term) imposed with 6 months’ imprisonment to be served before being eligible for parole

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APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Ms D M Guesdon	Solicitor for Public Prosecutions
For the Accused	Ms S Locke	Doogue O’Brien George

HER HONOUR:

1Mr Linton, you have been given every opportunity by the courts to address your offending and to receive appropriate treatment.  However, despite a number of opportunities which have been given to you, you have failed to take advantage of these, and to cap it all off, it appears to me that you misled Community Corrections about ongoing treatment with Mr Lacy.

2In sentencing you, I have had regard to the degree of compliance with the Community Corrections order, in that you completed the work hours, and I have also had regard to the nature of the breaching offences.  However, the contravention charge is in respect of further offending and a failure to comply with Community Corrections conditions, and unfortunately, despite every effort made by Ms Locke and by Corrections, it appears that you are just not prepared to engage in that regard.  I have to be concerned about protection of the community, and I have to be concerned about what it will take to deter you from further offending.

3In re-sentencing you for the original offences, I have taken into account, as I say, the degree to which you have complied with the Community Corrections Order, and I have also taken into account those matters set out in the original sentencing remarks of Her Honour Judge Thornton in this matter.

4However, it has come time where a Community Corrections Order is just not tenable in your case, and unfortunately nothing else will do but a term of imprisonment.  In sentencing you, I have taken into account that you are still a young man, and that this would be a first time for you in prison as I understand the situation.

5But you need to learn that if orders are made, you need to comply with them, and if you are warned that if you do not comply with them, you will be looking at gaol.  You need to take that seriously, and unfortunately the time has come in that regard.

6OFFENDER:  May I say a few words?

7HER HONOUR:  No, you cannot.  I cancel the Community Corrections Order previously imposed in this matter, and in relation to the charges of armed robbery and being in possession of a prohibited weapon, I sentence you to an aggregate term of 12 months imprisonment. 

8In relation to the breach of the Community Corrections Order, you are convicted and I sentence you to one month’s imprisonment, which I direct will be served concurrently with the term imposed in relation to the offences of armed robbery and being in possession of a prohibited weapon.  I direct that you serve six months’ imprisonment before becoming eligible for parole.  Are there any days to be declared?  Take a seat for a moment please sir.

9MS GUESDON:  No there isn't, Your Honour.  I have the prosecution opening which says they were both - he was bailed on the day of his arrest for the armed robbery.

10HER HONOUR:  Yes, very well thank you.  Now it seems that your client might want something to be conveyed to me.  If you want to leave the Bar table you can do that, Ms Locke, but I am not having him interrupt me when I am making the sentencing remarks.

11MS LOCKE:  As Your Honour pleases.  Nothing further, Your Honour, but he does want to apologise for interrupting you.

12HER HONOUR:  That is all right.  Very well, I will make sure that the prison authorities know that your client may be in a somewhat delicate frame of mind and he needs to be monitored closely.

13MS LOCKE:  Yes, thank you, Your Honour.

14HER HONOUR:  All right.  I should indicate in imposing sentence, I have also taken into account those matters that were put before me today before imposing a sentence in this matter, and the fact that all of those matters in arriving at an appropriate disposition.  Thank you, you may remove Mr Linton.  We will now adjourn.

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