Director of Public Prosecutions v Micetic, Ivan

[2013] VCC 308

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

AT Melbourne

CRIMINAL DIVISION

Case No. CR-12-00455

DIRECTOR OF PUBLIC PROSECUTIONS

v

IVAN MICETIC

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JUDGE:	HER HONOUR JUDGE COTTERELL
WHERE HELD:	Melbourne
DATE OF HEARING:	14 March 2013
DATE OF SENTENCE:	14 March 2013
CASE MAY BE CITED AS:	DPP v Micetic, Ivan
MEDIUM NEUTRAL CITATION:	[2013] VCC 308

REASONS FOR SENTENCE

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Catchwords:

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APPEARANCES:	Counsel	Solicitors
For the Crown	Ms C. Sedgwick	Office of Public Prosecutions
For the Accused	Mr B. Ihles	David Barrese & Associates

HER HONOUR:

1       Ivan Micetic, you have pleaded guilty before me today, to one charge of dealing with the proceeds of crime and you have admitted a number of prior convictions.  The maximum penalty for that offence is ten years imprisonment. 

2       The facts of the matter were opened by the prosecution and a copy of the prosecution opening was filed as Exhibit A on the plea.  Also filed on your behalf were two reports; one Community Corrections Assessment Outcome Report and the other is a psychological report prepared by Dr Maria Fuyer, a consultant psychiatrist.  I have been assisted by those reports.

3       In relation to the actual facts of this matter, in brief, there was a warrant executed at your premises and you were found to have items in your possession which you admitted had been purchased on the street and that you were aware that they were probably stolen.  I understand that you were charged with other more serious matters for which you were to stand trial and that settled, leaving only this matter outstanding.  I do not intend to go into the facts anymore.  That is sufficient, but the Crown opening will be exhibited to these sentencing remarks.

4       The effect of the psychological report is that it does set out your background.  You have had a difficult background and you are not the only member of your family to have schizophrenia with which you were diagnosed in 2004.  That has no doubt contributed largely to your criminal offending and to your use of illegal substances.  I note that you have also breached a number of orders, but apparently you have not breached orders since you were diagnosed as I understand it, with schizophrenia.  I withdraw that remark.  You are now diagnosed and you are now a voluntary patient in the community.  I understand you attend the Harvester Clinic and receive injections to treat your schizophrenia.  It seems to be under control at this stage and that no order is necessary to ensure that you do take your medication.

5       There has also been in your personal life, a very big change in that you now have taken on the day to day care of your five year old son.  I understand he now lives with you and you take him to school, make his lunch and are generally being a dutiful parent in relation to that child.  I understand there is another child of that union, an 18 month old daughter and you are now seeking through the Department of Human Services, to have her come and live with you as well.  Of course you must be encouraged to do that and to continue along that vein of looking after your children and hopefully that will ensure that you will not offend again.

6       I have to look at the other things I need to take into account.  That is, matters of general deterrence and specific deterrence.  In particular to specific deterrence, it seems to me that you have finally taken steps to rehabilitate yourself and are on the way to forming an appropriate life in the community for yourself and at least one of your children at this stage. 

7       I also need to denounce your conduct on behalf of the community and I do so.  It is unacceptable that people buy items off the street knowing that they are stolen.  It just contributes to the general slow grinding mill of crime, offences against property and re-selling.  This will not be tolerated.

8       Finally I am required to impose a just sentence in all the circumstances. I have taken into account all of the matters together, including- your diagnosed schizophrenia, the efforts you are making in relation to rehabilitation and in taking care of your young son. I have also had regard to the time you have already served in pre-sentence detention and I have also been assisted by the attitude of counsel for the Director of Public Prosecutions.   

9       Having regard to all factors, I think a term of imprisonment is the only appropriate sentence. I intend to sentence you to two months imprisonment, but this will be covered by the days that you have already spent in pre-sentence detention. I order that the 68 days pre-sentence detention be deemed time served and that, that fact be entered into the records of the Court.  You can now be released forthwith. 

10 In regards to s.6AAA of the Sentencing Act, but for your plea of guilty, I would have sentenced you to four months imprisonment.  Thank you.

(See Crown Opening attached.)

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