Director of Public Prosecutions v Lopez

[2019] VCC 496

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-02015

DIRECTOR OF PUBLIC PROSECUTIONS

v

RUBEN LOPEZ

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JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	10 April 2019
CASE MAY BE CITED AS:	DPP v Lopez
MEDIUM NEUTRAL CITATION:	[2019] VCC 496

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 J. O'Toole	OPP
For the Accused	Ms H. Anderson	Leanne Warren & Associates

HIS HONOUR: 

1The breach is proven.  On the breach of the community corrections order
Mr Ruben is convicted and imprisoned for one month.  Regarding the re-sentencing exercise, I have read again all the material in relation to that matter.  I read my sentence and the comments that I made at the time.  Mr Ruben's offending was clearly in a different category from the others but nevertheless involved in a low-level and very serious matters where a man was shot in the back, clearly in matters which were involving reckoning in the drug world.

2I took into account his level of assistance both to the victim and generally to the investigation then.  And that particular level of criminality was dealt with appropriately I thought by a combination sentence which he has proceeded very effectively to completely reject by, I think before 17 October, when he was remanded in custody.  So, a period of just six months after the imposition of my sentence.  He is alleged and proven to have committed offences on 17 separate occasions with probably dozens of offences of all sorts, the most serious of which in relation to drugs, motor vehicles, and in particular, in relation to reckless conduct endangering life and an assault.

3On an appeal to this court, a judge of this court reduced his term of imprisonment in a combination sentence and within two months he reoffended again on a number of occasions.  I recall very distinctly telling Mr Lopez what he needed to do in order to get his act together and his response to my exhortation to take up the opportunities that had been given to him, as to falsified documents.  It is a very disappointing outcome.

4I am told in this letter that is written by him this morning in an earnest fashion that he wants to change his life and that he is remorseful.  I have no basis for making an assessment that he is genuine in relation to that.  If he is, well and good.  Then he will take steps when he is released to change his life around, otherwise the hopes that he has for himself and his daughter and for his own future are obviously not going to occur if he continues in this way.

5On the original offences he is convicted and sentenced to six months' imprisonment.  I declare that he has served 82 days by way of pre-sentence detention.  I order that four months of that sentence be cumulative on the sentence that he is currently serving, a head sentence and I set a new non-parole period of 10 months from 20 March 2019.  If he is able to achieve parole within that period of time then it will be up to him.  His past form would tend to tell the court that he is unlikely to complete that satisfactorily but that is a matter for him.  Is that order clear, Ms Anderson?

6MS ANDERSON:  Just confirming in terms of the non-parole period that that's a new non-parole period from 20 March this year of ten months.

7HIS HONOUR:  Ten months, correct.  The old non-parole period was eight months.

8MS ANDERSON:  Yes.

9HIS HONOUR:  I've extended it by two.

10MS ANDERSON:  Thank you, Your Honour.

11MR O'TOOLE:  Your Honour, if I may interrupt.  The one-month imprisonment on the breach charge, is that concurrent with this resentence?

12HIS HONOUR:  Yes, that's to be concurrent with the sentence of the re-sentencing.

13MR O'TOOLE:  Yes.  As the court pleases.

14HIS HONOUR:  I'm not going to preach at you, Mr Lopez.  You've been in this court so many times and in front of other courts.  At your age, I would have thought that you can look outside that window and think, "I've got better things to do with my time".  But if you want to go back to the comfort of a gaol, then so be it.  Yes, he can be removed.  Thank you, Mr O'Toole, Ms Anderson.  I have a jury out deliberating, so I'll just stand down.

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