Director of Public Prosecutions v Minahan

[2020] VCC 816

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

AT GEELONG
CRIMINAL JURISDICTION

CR 15-00045

DIRECTOR OF PUBLIC PROSECUTIONS

v

DANIEL MINAHAN

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Geelong
DATE OF HEARING:	9 June 2020
DATE OF SENTENCE:	9 June 2020
CASE MAY BE CITED AS:	DPP v Minahan
MEDIUM NEUTRAL CITATION:	[2020] VCC 816

REASONS FOR SENTENCE - CONTRAVENTION
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms K. Chan	Office of Public Prosecutions
For the Accused	Ms A. McLure	Leanne Warren & Associates

HIS HONOUR: 

1Mr Minahan, you were much younger when you committed the original offence, however, in the interim, having served the 12 months which was a reasonably lenient sentence in the circumstances you then were obliged to do a lengthy and onerous community corrections order which was to try and rehabilitate you.  Unfortunately things did not work out for a number of reasons.  You did do some of the community work, not much because you broke you hand.  You did some drug and alcohol and were under supervision but it came unstuck when your relationship was such that you committed offences, you saw yourself in custody.

2You did not deal with getting out of custody well at all and have continued to offend very frequently as a consequence of your drug addiction.  You have spent 19 months in custody in total in different small amounts or some larger.  This has got to stop, Mr Minahan.  There are plenty of people trying to help you but in the end you have got to make a very concerted effort that when you are released that you go to people who are looking after you and care for you and doing more than most people would, (indistinct words) to provide you with housing.  That is important that you have that established and that you make every effort.  Mirror what others are doing in terms of effort and get to the drug rehabilitation program ReConnect and from there seek out assistance in disability services as well.

3Because if you do not and take up drug use you will go back to gaol again.  You will do a whole number of sentences I predict that effectively will take you into your middle age, really.  Your children will be well and truly teenagers and probably disinterested in you.  This is a moment to seize.  So, what I propose to do is sentence you in this fashion.  For the original offending that community corrections order aspect of it, the community corrections order is well over but I cancel it and I make no further order.

4For the offence of breaching the corrections order, I impose a penalty upon you.  I could impose up to three months' gaol.  I intend to impose a period of six weeks.  I will declare that you have served 35 days of that sentence.  You will not get out today.  They will calculate when you are entitled to get out and your solicitor will be able to work that out but you have done the best part of four and a half weeks and I ask you to do six.  It will give you time to get things in place.

5So, Mr Minahan that is going to bring an end to anything to do with this court.  But if you do not straighten out, take this opportunity which is one of very significant leniency, then you will end up back before the magistrates and I expect having looked at your record they will just impose ever increasing terms of imprisonment, likely with non-parole periods rather than corrections orders and the like.  Had you pleaded not guilty I would have imposed for the breach a period of 10 weeks.  Now, I will just see whether that covers all basis as it were.  Just bear with me for a moment.

6Ms Chan that satisfactorily deals with this breach, not as the court sorted out but just technically that deals with it?

7MS CHAN:  Yes, Your Honour, thank you.

8HIS HONOUR:  Thank you, Ms McLure, that technically deals with it, there is nothing that I have overlooked should have made, said different, cancel orders or ‑ ‑ ‑

9MS McLURE:  No, Your Honour.

10HIS HONOUR:  ‑ ‑ ‑ all that sort of thing.  The effect of it is that I want this now to be over.  Anything to do with the corrections order, (indistinct) to do short (indistinct) more while he gets himself organised and get out and rehabilitate himself.  Thank you.  If there is nothing further, I apologise for the delay in getting the link on, it was entirely the court's fault but we will end the link now.  Thank you.

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