Director of Public Prosecutions v Lovett

[2013] VCC 1986

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 12-02251

DIRECTOR OF PUBLIC PROSECUTIONS

v

LEONARD LOVETT

---

JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	4 December 2013
CASE MAY BE CITED AS:	DPP v LOVETT
MEDIUM NEUTRAL CITATION:	[2013] VCC 1986

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A McKenry
For the Accused	Mr M Thomas with Ms C Lynch

HIS HONOUR:

1Leonard Lovett, you have been found guilty by a jury of one count of theft, which effectively amounts to shoplifting.  On 3 March 2012, you went into the 7-Eleven on Smith Street in Collingwood and you stole two satay chicken rolls.  There was a trial where you were alleged to have committed an armed robbery and you have been acquitted by a jury of that.  In terms of that theft, the police in fact were able to locate you before you had even had a chance to eat them. 

2That being the case, you received very little from this act of shoplifting.  You have been successful in your trial, and I think in effect pleaded guilty to this particular charge.  Therefore I do not regard your trial as in any way aggravating the situation or indicating any sort of lack of remorse.  Indeed, during the interview you seemed to be concerned that you may have done something of this gravity. 

3In any event you have now been on remand for this matter for some 51 days.  The crime carries a maximum penalty of ten years and this has to be as you have been convicted of the very lowest end of that and I think in all the circumstances, the easiest way of disposing of it is to direct that you be imprisoned for a period of 30 days and direct that 30 days be reckoned as having been served under this sentence so that you are - you have to go downstairs, but you are to be released forthwith and the paperwork will come down with him Jason?  No other orders I have to make?

4MR McKENRY:  No Your Honour.

5HIS HONOUR:  You don't want a disposal order for the wrappers.

6MS LYNCH:  I think they were returned, Your Honour.

7MR McKENRY:  May have been consumed.

8HIS HONOUR:  They've been returned to the 7-Eleven?

9MR McKENRY:  There was a threat from my learned friend to cross-examine as to what became of them.

10HIS HONOUR:  All right, don't do it again that sort of stuff Mr Lovett.  You know I do Koori Court and that sort of stuff, all right.  You have just got to watch yourself on the streets.  Something like this it might not sound much and your bro's might laugh about it afterwards, but you got found guilty of armed rob, bang you know, all right.

11OFFENDER:  Yeah.

12HIS HONOUR:  All right, I think the turning point might've been when the complainant assured everybody it was a white person.  One of the views of this trial was that you could watch the jury and there was just looks of astonishment.  Anyway thank you, very admirably run if I may say so by all concerned. 

‑ ‑ ‑