Director of Public Prosecutions v McGrath

[2023] VCC 1208

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT BENDIGO

CRIMINAL JURISDICTION

CR 22-00734

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRADLEY MCGRATH

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Bendigo
DATE OF HEARING:	14 July 2023
DATE OF SENTENCE:	14 July 2023
CASE MAY BE CITED AS:	DPP v McGrath
MEDIUM NEUTRAL CITATION:	[2023] VCC 1208

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW SENTENCE

Catchwords:  Threat to damage property

Legislation Cited: s6AAA of the Sentencing Act 1991

Cases Cited:  

Sentence:  7 days imprisonment

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Cordy	Office of Public Prosecutions Ms. A. Birkin
For the Accused	Mr A. Bates	Ms. C. O’Gorman, Victoria Legal Aid

HIS HONOUR: 

1Mr McGrath, you have heard what I have said about this.  You pleaded guilty to one charge of threaten to damage property.  You have a criminal history that includes lots of street level offences.  You have not been in trouble since 2016.  This relationship you had with Kelly O'Connor was clearly a troubled one and you obviously plan to return to where you were living at the time you were arrested.  Is it back with your ex-partner?

2OFFENDER:  Yeah.

3HIS HONOUR:  All right.

4OFFENDER:  (Indistinct words.)  I've got my dog there.

5HIS HONOUR:  Is your dog still there?

6OFFENDER:  Yes.

7HIS HONOUR:  After 550 days or whatever?

8OFFENDER:  (Indistinct words.)

9HIS HONOUR:  All right, I wonder if he recognises - he or she?

10OFFENDER:  He.

11HIS HONOUR:  He.  All right.  Well, it is threatening people to damage people's property is an offence that carries five years' imprisonment.  If this were your first offence I would fine you but given that you have had 550 days approximately in custody, the appropriate disposition it seems to me - it is dead time for you, it is just gone - is to sentence you to seven days' imprisonment.  I declare that that has already been served by way of pre‑sentence detention.

12Pursuant to s6AAA of the Sentencing Act 1991 I indicate that but for your plea of guilty I would have imposed 14 days' imprisonment.

13All right, you are now - as far as I am concerned - you are free to leave the dock.

14VOICE (from body of the court):  We have to process paperwork.

15HIS HONOUR:  I don't know what that means.

16VOICE:  I think he has to - well it's got to go through the Sentencing Council and everything like that and we also have to take him back to give him his goods and his bits and pieces from downstairs.

17HIS HONOUR:  And he'll be released today?

18VOICE:  Should be, providing all the paperwork goes through no problems.

19HIS HONOUR:  All right.  Take him down and release him today.

20VOICE:  Yes.

21HIS HONOUR:  There's no basis to hold him any longer as far as I'm concerned.  All right, thank you.

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