Director of Public Prosecutions v Maes

[2018] VCC 1570

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

AT BENDIGO
CRIMINAL JURISDICTION

CR 18-00566

DIRECTOR OF PUBLIC PROSECUTIONS

v

TIMOTHY MAES

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JUDGE:	HER HONOUR JUDGE HANNAN
WHERE HELD:	Bendigo
DATE OF HEARING:	26 September 2018
DATE OF SENTENCE:	26 September 2018
CASE MAY BE CITED AS:	DPP v Maes
MEDIUM NEUTRAL CITATION:	[2018] VCC 1570

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Hassan	Office of Public Prosecutions
For the Accused	Mr R. Thyssen	Ann Valos Criminal Law

HER HONOUR:

1Timothy Maes, in relation to this matter you plead guilty to one charge of sexual assault.  The maximum penalty for that offence is ten years' imprisonment.

2The facts which found the charge are that on the relevant day you attended at a family member’s premises where she resided with her son for the purposes of you joining in a visit to your brother who was at that time in custody at Loddon Prison.

3The arrangements included you stay overnight at the premises.  Sometime during the night you entered the victim's bedroom and placed your hand under her doona and touched her leg.  You have pleaded guilty on the basis that this was a sexual assault, that is that the assault contained a sexual element.

4The prosecution concede in relation to this offending that it is at the lower end of the range.  There are of course a number of matters which are concerning.  Your offending occurred in the context of you being a guest of a family member who was vulnerable due to allowing you to stay at her premises overnight. You entered her bedroom in circumstances where her son was also present in the bed.  Those matters in my view increase the seriousness of the offending, but nevertheless I am satisfied that it is towards the lower end of the range of offences of this type.

5You have admitted the contents of a criminal record which discloses a very significant history of appearances before the court.  Your criminal history dates back to 2000.  You have numerous prior convictions for matters of dishonesty primarily and also drug offending.  You have breached numerous court orders in the past and that obviously concerns this court in terms of your ability to comply with court orders into the future.

6In relation to this matter you pleaded guilty effectively at the first available opportunity on the current basis, that is as a result of the prosecution indicating that they would not proceed with four other charges. You are in that circumstance entitled to the benefit of your plea.  I am prepared to take the view that your plea also demonstrates some remorse as regards your offending.

7You are now aged 38, having been born on 1 March 1980.  You are currently unemployed and you are currently remanded in relation to matters which are listed before the Magistrates' Court.

8By way of background it seems that you had a childhood which was marred by violence within the family, primarily at the hands of your father.  You have a sister and a twin brother to whom I have already referred.  You have a Year 10 education.  Subsequent to that you completed a pre-apprenticeship in carpentry.  You have had only sporadic unskilled employment including at a scrap metal yard for a few years and more recently you have been unemployed for at least a few years.

9I accept that the allegations in relation to this matter have significant consequences within the community. There were circumstances that included the complainant in these proceedings putting posters in various public locations within the Bendigo area, making allegations which it seems resulted in you being assaulted. I note that the most serious allegations were not proceeded with by the prosecution in this court. 

10Your partner has attended court both upon the listing of the trial and the listing of this plea.  I have been told that there is a current intervention order in which the police were applicants and those matters will need to be resolved prior to you resuming any cohabitation, if indeed that is your intention.

11I am also told that there have been issues with DHHS as a result of these charges in relation to the child. 

12You clearly have a significant history of drug abuse.  During the course of these proceedings I became aware that that was certainly ongoing at least in 2015 and it seems indeed in more recent times.

13I must take into account general deterrence.  General deterrence must be given weight in offending of this type.  That is I must seek to deter others who would engage in like conduct.  Given your criminal history, albeit that you have no priors for sexual offending, you have a significant prior criminal history and in those circumstances specific deterrence must also be given weight. Your conduct must be denounced.  You must be appropriately punished as regards this offending. 

14In relation to this matter I am satisfied that a disposition is open other than an immediately servable term of imprisonment.  I propose to place you on a community correction order.  I propose to order that you complete 85 hours unpaid community work over a period of 12 months.

15I direct that you attend the Bendigo Office of Corrections within two working days of your release from custody.  Is there anything else I need to do?  Are there any ancillary orders, Ms Hassan?

16MS HASSAN:  No, Your Honour.

17HER HONOUR:  I indicate that were it not for your plea of guilty in relation to this charge I would have imposed a community corrections order with more significant conditions and a greater number of community work hours.

18I do not think there is anything else I need to do in relation to this matter.  The length of the order is 12 months.  I will just have that prepared and sign it.

19MR THYSSEN:  May I approach him when the questions were ‑ ‑ ‑

20HER HONOUR:  I will say something further once he has signed it.  Thank you show it to counsel please and have it signed, and the prosecutor.

21MR THYSSEN:  May I approach him?

22HER HONOUR:  Thank you.  Mr Maes, let me tell you this.  You have lots of priors for breaching community corrections orders, primarily in the Magistrates' Court.  You are not in the Magistrates' Court. If you breach this order you will be brought back before me probably at Melbourne.  I guarantee you that I will send you to gaol if that is what you do, so this is not a circumstance where it is variable, if it is inconvenient, you just could not get there, you felt a bit sick, any of the stunts that were at the beginning of this trial will result in you going to gaol.  Do you understand?

23OFFENDER:  Yes, Your Honour.

24HER HONOUR:  Yes, thank you.

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