Director of Public Prosecutions v Matthews

[2018] VCC 1734

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-01462

DIRECTOR OF PUBLIC PROSECUTIONS

v

PETER MATTHEWS
CHRISTOPHER MATTHEWS
MATTHEW SHINE

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	13 August 2018
DATE OF SENTENCE:	14 August 2018
CASE MAY BE CITED AS:	DPP v Matthews
MEDIUM NEUTRAL CITATION:	[2018] VCC 1734

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Regan
For Accused Matthews	Mr S. Andrianakis
For Accused Matthews	Mr A. Halphen
For Accused Shine	Mr T. Danos

HIS HONOUR: 

1Peter Kevin Matthews, you can stay seated until I get to the end of this.  Peter Kevin Matthews, Christopher Michael Matthews and Matthew Shine, you have each pleaded guilty to one charge of common assault alleging that on 10 December 2016 you assaulted Sean Belli.

2The facts of your offending are set out in Exhibit A, the prosecution opening.  I incorporate that document into these reasons for sentence and sentence you on the basis of the facts set out therein.

3Very, very briefly stated, an associate of yours, Sean Belli, the victim, had got into a dispute with you, Shine, in relation to possession of a vehicle owned by you and wages allegedly owed to him.  The vehicle had been given by Belli to an associate, and you were seeking to locate it.

4On the early morning of 10 December 2016 the three of you attended at Belli's premises, approached him when he was outside those premises waiting to be picked up, grabbed him and forced him into the motor vehicle you were travelling in.  That grabbing him and forcing him into the vehicle constitutes the assault to which you have pleaded guilty.

5You then drove him some distance to Craigieburn, where you let him out at a truck depot and he returned apparently home via bus.

6When the police became involved, both you, Matthew Shine and you, Christopher Matthews, made admissions to the police of being involved with Mr Belli on that morning.  You, Peter Matthews, exercised your right to silence.

7There are no victim impact statements in this case, and I have been informed that Mr Belli was not interested in these proceedings and had returned to Europe.

8You, Peter Matthews, have admitted a prior criminal history for effectively dishonestly offences and firearms offences.

9In 2007 you were given a month suspended for driving while suspended.  That prior is irrelevant to this sentencing exercise.

10In November of 2013 you received a community corrections order for offences of being in a building with intent to steal, dishonestly receiving stolen goods, failing to answer bail, dealing with proceeds of crime and theft of a motor vehicle.  You breached that order and came up before the court on 16 August 2016, and on that day in relation to some new offences, of possessing a prohibited weapon, controlled weapon, amphetamine; failing to answer bail; and failing to produce licence on request plus the old breaching matters, you received two sentences, one of three months' imprisonment, one of two months' imprisonment, and both those sentences were wholly suspended.

11It follows that you were on a suspended sentence at the time you committed this offending, and that constitutes an aggravating feature of your offending.  It also follows that you will be breached in the future, and in the absence of exceptional circumstances, liable to serve the period of time of imprisonment that was suspended.

12Significantly, all of you have served some time in custody before today.  You, Peter Matthews, have served 194 days of pre-sentence detention.  You, Christopher Matthews, 14 days.  And you, Matthew Shine, 34 days.

13Simply put, in my view, the period of time you have spent in custody is more punishment than you would have received to this offence.  You pleaded guilty.  The matter was listed for trial.  It was not ever going to run as a trial, with Mr Belli not being available to give evidence.  You were charged with different offences.  So I am prepared to treat your pleas to this offence as an early plea to the matter you have now admitted.

14By pleading guilty each of you have in fact acknowledged your responsibility, saved the community a criminal trial, and you are entitled to a reduction in sentence to reflect those pleas of guilty, and I take those matters into account in sentencing you.

15I take into account the cooperation that you, Christopher Matthews, gave to the police, to which I have already referred, and to a slightly lesser extent you, Matthew Shine.  You are each entitled to a credit in sentencing for that cooperation.

16I accept that the assault to which you all pleaded guilty is a low-level example of the offence of assault. 

17Your prior histories were outlined by each of your counsel.

18Dealing with you first, Peter Matthews, you are now 31 years of age.  You were born on 5 February 1987.  You have had, as I said, the prior matters to which I have referred, although you are a qualified motor mechanic and also a qualified plumber.  You have had employment in the past, you have been involved in relationships, and you have a ten-year-old son.  You have had limited access or visitation rights with that child since your arrest.

19You were educated to Year 11 and have work skills, and have exercised those skills up until effectively the time of these offences.

20You, Christopher Matthews, are involved primarily, it seems, because you are the younger brother of Peter Matthews and you are both friends of Mr Shine.  You have no prior convictions, although I am informed that you have a subsequent matter.  You are currently undergoing a community corrections order with work component and drug and alcohol components.

21You live with your mother, and you also are qualified as an apprentice in baking.  You are working, and have worked for some period of time.  Well, you have worked effectively throughout your life, but for the last period of time you have worked as a storeman; before that you worked as a detailer for seven years.  You are a single man, as I said, residing with your mother.

22You, Mr Shine, are 47 years of age, considerably older than your co-accused, but you have no prior convictions and no subsequents of any sort.  You had a genuine interest in ascertaining what Mr Belli had done with your motor vehicle, not only for the vehicle itself but for the tools it contained, and apparently the vehicle was severely damaged when it was ultimately recovered.

23You have worked at your own business since 2011 in a repairs maintenance business.  Before that you worked for many years as a painter.  You are also a qualified carpenter and plasterer.

24You have been in a relationship for several years.  That relationship is a bit rocky, I am told, at the moment, but you have six children of your own and your partner has three.  Six of them live with you and your partner in the Craigieburn area.

25Ultimately, I have determined to accede to the submissions of your counsel in relation to the disposition for each of you.  I have significantly taken into account the periods in time you have spent on remand prior to your pleas of guilty. 

26In relation to you, Peter Matthews, in respect of your offending you are fined the sum of $1,000 with conviction in respect of the charge of assault.

27You, Christopher Matthews, are released on a bond to be of good behaviour for a period of 18 months without conviction.

28And you, Matthew Shine, are released on a bond to be of good behaviour for a period of 18 months without conviction.

29Are you prepared to undergo such a bond?  All right.

30I will grant you three months to pay the fine of $1,000.

31COUNSEL:  As Your Honour pleases.

32HIS HONOUR:  You can all leave the dock.  Come forward and sit behind your counsel.  We have got to get the bonds done for the two who are signing up.

33MR DANOS:  The only other matter, Your Honour, is that - and we probably should have mentioned this in front of Judge Grant.  Would Your Honour grant us a certificate in relation to yesterday?

34HIS HONOUR:  Yes, I will grant all of you certificates for yesterday, and I make the disposal orders sought by the prosecution.

35MR DANOS:  As Your Honour pleases.

36HIS HONOUR:  You will understand, your client, I think, was the ringleader, which is why he got a fine.  And he has the relevant prior history.  You can come forward as well.

37CUSTODY OFFICER:  He's in custody, Your Honour.

38HIS HONOUR:  Is he?  Well he can be released ASAP.

39CUSTODY OFFICER:  Yeah.

40MR ANDRIANAKIS:  As Your Honour pleases.

41HIS HONOUR:  All right.  Once they process you, they will let you go.  Grab a seat.  You will explain that if they breach this bond they will come back in front of me?  Otherwise they do not have to.  If they behave themselves, it will be struck out.

42MR ANDRIANAKIS:  If Your Honour pleases.  Might I approach the dock?

43HIS HONOUR:  Yes, absolutely.

44MR ANDRIANAKIS:  Thank you, Your Honour.

45HIS HONOUR:  Mr Andrianakis, it seems to me there is a pretty good argument that, having done over six months for something that only warranted a $1,000 fine amounts to exceptional circumstances.

46MR ANDRIANAKIS:  Thank you for that indication, Your Honour.  I'll pass it on to whoever deals with that matter.

47HIS HONOUR:  If that does not, I am not sure what does.

48MR ANDRIANAKIS:  Thank you.

49HIS HONOUR:  These two, have them sign their bonds, please.  We will get you copies of these in due course.

50MR DANOS:  Thank you.

51HIS HONOUR:  All right.  I have made those disposal orders and returned it.  I will simply stand down until the jury come back in the other matter.

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