Director of Public Prosecutions v Miller
[2013] VCC 312
•14 March 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-00869
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DANIEL MILLER |
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JUDGE: | HER HONOUR JUDGE CANNON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 4 and 5 March 2013 (Trial); 6 March 2013 (Plea) | |
DATE OF SENTENCE: | 14 March 2013 | |
CASE MAY BE CITED AS: | DPP v Miller | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 312 | |
SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – Intentionally causing injury – Common law assault
Cases: Yasar EL-Waly v The Queen [2010] VSCA 184
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms B. Bleazby | Office of Public Prosecutions |
| For the Accused | Mr S. Ginsbourg | Simon English |
HER HONOUR:
1
In the circumstances, having heard from Mr Ginsbourg and the learned prosecutor Ms Bleazby, and having been taken to the decision of Yaser
El-Waly v The Queen[2012] VSCA 184, and having intended to impose a sentence which allowed for pre-sentence detention, having previously been advised that that was appropriate, I am of the view that the sentence that
I previously imposed should be vacated to the extent that in relation to
Charge 1, Mr Miller, you are convicted and sentenced to two months 19 days' imprisonment which, on my calculation would allow for the 11 days. And in relation to Charge 2 you are convicted and sentenced to one month imprisonment.
2 The sentences are to be served concurrently, producing a total effective sentence of two months 19 days. That sentence is to be served immediately, which will have the effect of postponing your eligibility for parole under the Magistrates' Court sentence.
3 In all other respects I confirm the sentence that I have previously imposed.
4 Is that all I need do, counsel?
5 MR GINSBOURG: Yes, Your Honour.
6 HER HONOUR: Yes, all right. Mr Miller, do you understand what I've done?
7 OFFENDER: Yeah. Yes, I do.
8 HER HONOUR: All right, thank you. We'll now adjourn, thank you.
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