Director of Public Prosecutions v Mateiasevici

[2017] VCC 1406

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-00357

DIRECTOR OF PUBLIC PROSECUTIONS

v

STEFAN MATEIASEVICI

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JUDGE:	HER HONOUR JUDGE HANNAN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	28 September 2017
CASE MAY BE CITED AS:	DPP v Mateiasevici
MEDIUM NEUTRAL CITATION:	[2017] VCC 1406

REASONS FOR SENTENCE
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Subject:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Holmes
For the Accused	Mr P. Bloeman

Pages 1 - 8

 

 

HER HONOUR:

1Stefan Mateiasevici, you have pleaded guilty to two charges of theft; the maximum penalty for each offence is ten years' imprisonment.  Further, you have pleaded guilty to one charge of handling stolen goods; the maximum penalty for that offence is 15 years' imprisonment.  Further, you have pleaded guilty to one charge of criminal damage; the maximum penalty for that offence is ten years' imprisonment.  You have, in addition, consented to the uplifting of a number of summary charges and entered pleas of guilty through your counsel.

2You have pleaded guilty to one charge of trespass; the maximum penalty for that offence is six months' imprisonment.  You have further pleaded guilty to one charge of driving in a manner dangerous; the maximum penalty for that offence is two years' imprisonment and there is a minimum mandatory disqualification of six months.  You have also pleaded guilty to one charge of dealing in proceeds of crime; the maximum penalty for that offence is two years' imprisonment.

3Finally, you have pleaded guilty to two charges of committing an indictable offence on bail; the maximum penalty in relation to each offence is three months' imprisonment. 

4The basis of your offending is set out in the prosecution opening which was tendered upon your plea.  On 18 February 2016 at about 10 am, you attended an address in Templestowe Lower.  You approached the front door and looked through a clear panel.  You then knocked on the front door and there was no answer. You then walked around to the rear of the premises.  You were observed walking back to the front of the premises where you were confronted by a neighbour.  This founds the related summary offence of trespass.  You told the neighbour that you were at that location working for the Australian Taxation Office and looking for someone called ‘Graham’.  You then left on foot; this incident was recorded by the neighbour on his mobile phone.

5On 7 March 2016, police were making enquiries regarding a vehicle bearing false registration plates.  A check of the vehicle's VIN identified that the vehicle was stolen from Mill Park on 24 February 2016.  An examination of this vehicle revealed latent fingerprints on the roof, front door, and rear door of the vehicle.  These fingerprints were identified as yours.  You have pleaded guilty to theft of that vehicle, Charge 1 on the indictment.

6Police located a large amount of property inside the vehicle, including an LG Sound Bar, assorted jewellery, HTC mobile phone, and a Toshiba laptop.  These items were stolen and you have pleaded guilty to handling stolen goods in relation to this property; this is Charge 3 on the indictment.  You were on bail at the time of this offending and this founds the related summary offence of committing an indictable offence whilst on bail.

7On 14 March 2016, police observed a black Subaru Impreza parked on the southern side of an address in Wollert.  Police approached the vehicle and observed the front registration plate to be different from that of the rear.  A subsequent VIN check revealed that this vehicle was reported as stolen in February 2016.  As police approached, they saw that you were seated in the driver's seat with a female in the passenger's seat.  Both occupants of the vehicle appeared to be asleep.  This founds Charge 2.

8Further police units were called and attended, and police positioned the vehicles at the front and rear of the Subaru.  A number of members in addition surrounded the Subaru on foot.  You then woke up and turned on the engine of the vehicle and revved it.  Police told you to turn the vehicle off and raise your hands.  You did not comply.  You drove the Subaru into the passenger side of the Ford Territory located in front of you.  This caused the police vehicle to jolt, and there was a loud bang.

9At the time of the collision, a police member was seated in the driver's seat of the vehicle.  You then reversed the Subaru into a divisional van that was positioned behind you.  Police used a baton to shatter the driver's side window, and deployed OC foam into the vehicle.  You accelerated and collided with the Ford Territory a second time. 

10Police approached the broken side driver's window and deployed baton strikes through the window to your arm.  They were instructing you to stop and turn off the vehicle.  You ignored them and continued to accelerate the vehicle.  You then reversed the Subaru into the divisional van a second time before accelerating into the Ford Territory a third time.  This conduct, as a whole, founds the related summary offence, driving in a manner dangerous.  You caused extensive damage to both police vehicles and this founds Charge 4, criminal damage.

11Police approached the Subaru and deployed further OC foam into the vehicle, and continued to strike your arm, in order to prevent you from steering it.  You were removed from the vehicle by police and arrested.  Police then conducted a search of the vehicle and located a number of items, including registration plates, driver's licences, bank debit cards, credit cards, correspondence from various banking institutions, and a reserve bank cheque.  These items were suspected of being the proceeds of crime.

12You were arrested and conveyed to the Mill Park police station for a record of interview.  You exercised your right not to answer questions. 

13You were on bail at the time of this incident also, and this founds the second related summary offence, committing an indictable offence whilst on bail.

14As regards your plea, you indicated an intention to plead guilty to appropriate charges, it seems, as early as July of this year.  Subsequent to that, a number of charges have been withdrawn; I am sentencing on the basis that you have pleaded guilty at the first reasonable opportunity on the current basis.

15In my view, the charge of dangerous driving is a serious example of that offence.  It was intentional, repeated ramming of police vehicles in circumstances where there were officers in the vicinity on foot; it was highly dangerous driving and general deterrence must necessarily be given significant weight as regards this type of offending.

16You have admitted the contents of a criminal record commencing in August 2013, on which date you received an adjourned undertaking in relation to a number of drug offences and a single charge of dealing with property suspected of being proceeds of crime.  Subsequent to that, you have numerous convictions for dishonesty, drugs, weapons and driving offences.

17On 20 October 2015, you were sentenced to your first term of imprisonment in combination with a CCO in relation to what looks like a consolidation of charges including trespass, dishonesty, bail, drug, driving and weapons offences.  During the period of your remand in relation to this matter, on
28 November 2016, you were sentenced in relation to further matters of dishonesty to 150 days' imprisonment.  Then on 28 February of this year, you were further sentenced to 60 days of dishonesty and violent offending.

18While these matters are not prior convictions for the purposes of sentencing, they are relevant in terms of totality and also as to what is required to achieve rehabilitation. 

19As regards your personal circumstances, you were 23 at the date of this offending, you are now aged 25.  Your father was a drug trafficker; he is currently serving a five year sentence for trafficking a commercial quantity of heroin.  Your mother was largely engaged in home duties.  You have one sister aged 28 who works in administration.

20Your parents separated when you were relatively young and you remained living with your mother in Lara.  When you were 14, your mother met your step-father and you all moved to Diamond Valley.  You left school at the end of
Year 9 and commenced VCAL at NMIT in Heidelberg.  You have gained qualifications as a carpenter.  I note that in custody you have worked in the woodwork industry and in the laundry.  Upon release, you intend to reside with your mother and step-father in Mernda; your step-father is able to assist you with employment in carpentry.

21As regards your drug history, you commenced using drugs at 18 in what you describe as ‘social nightclub’ scenes.  You have used ecstasy, ketamine and nitrous oxide.  You report that at the date of this offending, you were
dealing with significant drug addiction issues in relation to methylamphetamines; you were using up to 3 grams a day.  You were living a transient lifestyle, and selling it seems, the property you dishonestly obtained to fund your addiction.

22Since your remand in custody, you have returned clean urine screens, which is evidence by testing results contained in Exhibit B.  Exhibit B as a whole is a bundle of references, testimonials and certificates.  It is clear that you have the support of your family and partner, who all attended court upon your plea, but you also have offers of employment and support in your rehabilitation.  The authors express confidence as regards your future.

23The certificates you have gained in custody are impressive; it is clear that you have availed yourself with every opportunity to participate in programs addressing drugs, lifestyle, employment skills, first aid and other issues.  I think that your willingness to engage in these programs bodes well in terms of your rehabilitation.  As regards your prospects of rehabilitation, they are in my view guarded but still positive, as they are dependent upon your ability to achieve and maintain drug abstinence. You do appear to have some insight in this regard, which I think will be positive.  You also have the support of your family, qualifications and job prospects. 

24Your counsel points to a number of other matters you are entitled to have taken into account in mitigation.  Firstly your plea, which as I indicated, was entered at an early stage subsequent to appropriate charges being withdrawn.  You have saved the community time and expense for trial, you are entitled to the benefit of your plea.  I have sentenced you on the basis that you are entitled to the full discount.

25I also accept that your plea should be used as some evidence of your remorse.  This is your longest term in custody and it is likely to have a significant deterrent effect.  The reality is, while not a young offender, you are still a relatively youthful offender, and your rehabilitation must be pursued as that is not only in your interests, but those of the community. 

26Your counsel concedes quite properly that the only disposition open is a term of imprisonment but submits that a straight sentence of time served is within range. The prosecution submit that a time in excess of time served is the only disposition open and that a parole period is required.

27As well as matters personal to you, to which I have referred, including your prospects of rehabilitation, I must take into account other relevant sentencing considerations.  General deterrence in relation to this type of offending is of considerable importance; I must seek to deter not only you, but others who would engage in like conduct.  Your sentence must manifest the community's denunciation of your conduct and impose just punishment.  I must seek to deter you from future offending.

28You are convicted and sentenced as follows on the indicted charges:  Charge 1, theft, six months, base sentence.  Charge 2, theft, six months, two months cumulative.  Charge 3, handle stolen goods, six months, two months cumulative.  Charge 4, criminal damage, six months, one month cumulative.  I turn to the summary offences.  Dangerous driving, eight months, four months cumulative.  Trespass, four months, one month cumulative.  Commit an indictable offence on bail, one month.  Commit an indictable offence on bail second charge, one month.  Deal proceeds of crime, three months, two months cumulative.

29That is a total effective sentence of 18 months; I direct that you serve 12 months before becoming eligible for parole.  I direct that 341 days be reckoned as served.  In relation to the dangerous driving charge, your licence is cancelled, you are disqualified for six months from obtaining any licence in the State of Victoria.  Madam Prosecutor, it occurs to me that I should extend the cancellation order to cover the two charges of theft, as they relate to a motor vehicle. 

30MS HOLMES:  Yes, Your Honour.

31HER HONOUR:  Yes very well, on all charges.

32On those three charges - so on Charges 1, 2, and the summary charge of dangerous driving, licence cancelled, disqualified six months.  I indicate that I have intentionally kept the disqualification period to the minimum, because in my view, given the nature of this offender's likely employment, he will require a licence, and if his rehabilitation is to be truly pursued, it is in everybody's interest that he is driving with a licence. 

33Pursuant to s.6AAA of the Sentencing Act, I direct that it be noted in the records of the court that were it not for your plea of guilty, I would have sentenced you to a total effective sentence of 24 months with a minimum of 18.

34You are ordered to pay compensation to Victoria Police in the sum of $12,552.36.  I make a disposal order in the terms of the draft to which you have consented.  Have a seat for a moment, please. 

35Counsel, check the cumulations, please. 

36Yes, very well.  Mr Bloemen will come and see you in the cells no doubt, but what it means is that you are effectively about 24 days from becoming eligible to make an application for parole. 

37Yes, very well; I thank both counsel for their assistance, you are excused, I have another matter to go on with.

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