Director of Public Prosecutions v Mehta
[2012] VCC 2168
•3 October 2012
| IN THE COUNTY COURT OF VICTORIA | Revised Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-10-1169
AP-11-0487
AP-12-0881
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AMIT MEHTA |
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JUDGE: | HIS HONOUR JUDGE MURPHY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | October 2012 | |
DATE OF SENTENCE: | 3 October 2012 | |
CASE MAY BE CITED AS: | DPP v. Mehta | |
MEDIUM NEUTRAL CITATION: | [2012] VCC 2168 | |
REASONS FOR SENTENCE
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms N. Burnett | OPP |
| For the Accused | Mr G. Thomas | VLA |
HIS HONOUR:
1 On the Intensive Corrections Order imposed by Her Honour Judge Kennedy, dealing with the breach of summons dated 13 July 2012, I find the breach proved but make no order as to penalty. I cancel the order and order Mr Mehta to serve the outstanding sentence of 52 days.
2 On the appeal against the sentence as imposed by the Learned Magistrate, the first order I make is to set aside the orders of the Magistrates' Court. The second order, I reimpose the sentences that were orders, namely an aggregate sentence of six months on the charges of refuse a breath test and two charges of drive whilst disqualified. And I also reimpose the four year driving disqualification effective from 1 May 2012.
3 Is there a formal summons in relation to the suspended sentence, Ms Burnett, or not?
4 MR THOMAS: You don't have a breach summons?
5 HIS HONOUR: I don't actually.
6 MS BURNETT: I have the breach summons, Your Honour. I'd seek to hand that up.
7 HIS HONOUR: The breach summons actually recites the offence as the one on 1 May 2012.
8 MR THOMAS: Yes, that's correct, Your Honour. It doesn't particularise the offence was committed on 28 October 2011.
9 HIS HONOUR: I see.
10 MR THOMAS: And it was dealt with on 1 May.
11 HIS HONOUR: I see, yes. Thank you. On the breach summons for the suspended sentence dated 20 July 2012, in relation to the suspended sentence imposed by this court on 26 August 2011, I find the breach proved and make no order as to the summons itself. But I order that the sentence be wholly restored. The total effective sentence of 18 months' imprisonment pursuant to the Sentencing Act unless I otherwise order, that is to be cumulative on the sentences already imposed. I order that 15 months of the 18 months' sentence be served concurrently with the sentences already imposed, making a total effect sentence of 21 months' imprisonment. I regard it as appropriate to order a non-parole period, given my earlier findings as to Mr Mehta's prospects of rehabilitation, of 12 months and I declare that Mr Mehta has served 204 days of the sentence.
12 Does that cover all bases, Madam Prosecutor?
13 MS BURNETT: Yes, I believe so, Your Honour.
14 HIS HONOUR: Mr Thomas?
15 MR THOMAS: I believe so Your Honour.
16 HIS HONOUR: Mr Mehta, you're in a lot of trouble. I have just dealt with three different matters, the breach of the Intensive Corrections Order of Judge Kennedy where there were still 52 days that you hadn't completed when you re-offended, and the re-offending breached it, and I have found that there were no exceptional circumstances, so you have to serve that amount.
17 I have dealt with the appeal against the Magistrates' Court sentence on two counts of drive whilst disqualified, and one of refuse a breath test, where the magistrate ordered you be sentenced to six months' imprisonment. You have appealed that. I have found that six months' imprisonment is an appropriate sentence and that sentence runs concurrently with the 52 days. Then I've dealt with the breach of the suspended sentence that I imposed on you in August last year. As I said to you twice, if you commit a further offence carrying a term of imprisonment, the law says that unless you can prove exceptional circumstances, you have to serve the sentence. So I have restored the sentence because I'm not satisfied there were exceptional circumstances. I have, however, ordered that 15 months of that sentence be served concurrently with the sentence of six months that you are effectively serving, which means that the total effective sentence on you is 21 months.
18 Because I regard your prospects of rehabilitation as good, I have imposed a 12 months minimum term after which you will be eligible for parole if you can satisfy the Parole Board. And I have also declared that you have already served 221 days.
19 In fixing the sentences and the total effective sentence I have take into account what's put by Dr Cunningham that you found difficulty in prison on the previous occasion and that you might, in fact, need some psychological assistance, and I will order that this report of Dr Cunningham be provided to the authorities. I would certainly recommend that you go to the Insolvency Commissioner when you get out of prison and make a financial arrangement with your creditors. If you have got $10,000 in consumer debt running at $1500 a year in interest, then you're really in a deep financial hole, you could make an arrangement with your creditors, they do it for nothing down there, and then you can make a clean break with your financial circumstances. Get married or whatever. So it's a matter for you.
20 I want to thank counsel for their assistance on the plea and I will adjourn.
21 MR THOMAS: Central records being what it is, Your Honour, can I just ask Your Honour to make a statement of intention from today, as I understand it, 12 months to serve from today is a minimum term of 12 months with 204 days already served.
22 HIS HONOUR: Yes.
23 MR THOMAS: Which would mean he's eligible for parole in approximately five months?
24 HIS HONOUR: Yes.
25 MR THOMAS: Thank you, Your Honour. It's just that central records - - -
26 HIS HONOUR: Well I'm imposing a total effective sentence of 21 months, he's served - - -
27 MR THOMAS: Twelve months to serve.
28 HIS HONOUR: And he's served 221 days.
29 MR THOMAS: Thank you, Your Honour. Just so we understand, sometimes central records interpret it differently and if they do we'll come back if we need to.
30 MS BURNETT: It's 204 days, Your Honour.
31 MR THOMAS: 204 days, sorry.
32 HIS HONOUR: Yes. I'll see if that's all captured on the indent.
33 MR THOMAS: Thank you, Your Honour.
34 HIS HONOUR: I'll hand back the certificates that you've handed up and arrange for a copy of the report to be sent to the prison.
35 MR THOMAS: Thank you, Your Honour.
36 HIS HONOUR: Thank you.
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