Director of Public Prosecutions v Meschu

[2016] VCC 1183

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00427

DIRECTOR OF PUBLIC PROSECUTIONS

v

MARTEN MESCHU

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JUDGE:	HER HONOUR JUDGE LAWSON
WHERE HELD:	Melbourne
DATE OF HEARING:	16 August 2016
DATE OF SENTENCE:	16 August 2016
CASE MAY BE CITED AS:	DPP v Meschu
MEDIUM NEUTRAL CITATION:	[2016] VCC 1183

REASONS FOR SENTENCE
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Subject:         Criminal law – sentencing – attempt to pervert the course of justice – jail sentence imposed.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms F. Holmes	Daniel Weavers, solicitor for Office of Public Prosecutions
For the Offender	Ms L. Ristivojevic	Tricarico & Marcevski Lawyers

Pages 1 - 2

 

 

HER HONOUR:

1Mr Meschu, on the one charge of attempting to pervert the course of public justice, you will be convicted and sentenced to one month is imprisonment to be cumulative upon the sentence that you are currently undergoing.

2The reason that I have imposed the sentence is that, firstly, it is a serious charge and you heard the prosecutor say that there is a maximum penalty of some 25 years that can be imposed. 

3I have formed the view that this example of this charge that you have committed is at the lower end of the spectrum but nonetheless it is important to mark the seriousness of the offending by the imposition of a term of imprisonment to be served and that is why I sentenced you in the way in which I did.

4I have regard to your plea of guilty entered at the earliest stage.  You are entitled to a discount in your sentence in respect to that matter. I accept that you now accept that what you did was wrong on that occasion and the plea is some evidence of remorse on your behalf.

5I have had regard to your post-offence conduct.  It is obvious to me having read through the various drug screens that have been undertaken since September of 2014 up to March of 2016 that there is some evidence that you have been drug free whilst you have been undergoing your sentence.  You have also participated in various educational programs whilst you are in jail and you have got certificates in transport and warehousing and you have also completed a course on release related harm reduction and other courses.

6You are now demonstrating, as your counsel said, a “clearer head” and you are thinking better so that your prospects for the future are good. I consider that you have good rehabilitation prospects provided you remain drug free.  I have noted that your parents and your brother and his partner are all here today and they are supportive of you and upon your eventual release you are going to be able to go and live with them.

7You are still a relatively young man.  Your history of offending for such a relatively young person is concerning but I accept it is inextricably linked to your use of ice and hopefully this time in prison has made you stop and reflect on your behaviour and in the future you will resist the urge to use that drug because of the consequences that you now know. Hopefully you will take up your brother's offer of employment and work with him as a plasterer.  You will be a person who contributes to society.

8The only other thing I need to announce is but for your plea of guilty I would have imposed a term of imprisonment of six months.

9I make the disposal order sought.

10I think that covers everything.

11MS HOLMES:  Yes, it does, Your Honour.

12HER HONOUR:  Thank you for your assistance.  I will hand back those orders and I will hand back the documentation.

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