Director of Public Prosecutions v Mitchell
[2012] VCC 1262
•3 September 2012
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MILDURA
CRIMINAL DIVISION
.
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RYAN MITCHELL |
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JUDGE: | HIS HONOUR JUDGE DEAN | |
WHERE HELD: | Mildura | |
DATE OF HEARING: | 3 September 2012 | |
DATE OF SENTENCE: | 3 September 2012 | |
CASE MAY BE CITED AS: | DPP v Mitchell | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1262 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr D. O'Doherty | O.P.P |
| For the Accused | Mr J. Maisner | Martine Irwin & Richards |
HIS HONOUR:
1 Ryan Mitchell, you have pleaded guilty to two charges of threatening to inflict serious injury, contrary to s.21 of the Crimes Act 1958. The maximum penalty for that offence is five years' imprisonment. You have also pleaded guilty to one charge of failing to appear in accordance with an undertaking of bail, contrary to s.30(1) of the Bail Act 1977. The maximum penalty for that offence is one year imprisonment.
2 The summary of prosecution opening was read to the court and tendered in evidence and, briefly stated, your offending may be summarised as follows. In October 2007 you obtained employment from Travis and Michelle Taylor, the operators of an amusement ride at the Swan Hill Show and shortly after commencing employment for them you stated to them that you were concerned that people were out to get you and you may need to leave your employment.
3 On 12 October 2007 you did unexpectedly leave your employment and thereafter on 13 October 2007 and 18 October 2007 you left two threatening text messages on Michelle Taylor's telephone demanding money from her and stating that she did not know who she was dealing with. You made no attempt to disguise who the messages were from and stated that a sum of money was to be paid into your bank account. Michelle Taylor reported the matters to the police, who investigated them and you were charged, in 2007, with the offences now before the court.
4 You have pleaded guilty to those charges and I have taken your plea of guilty into account in your favour in mitigation of sentence.
5 You have no prior convictions and I am instructed by your counsel that you have one subsequent matter which involved you refusing to accompany a police officer to a police station for the purpose of undergoing a breath test. That subsequent conviction is not relevant for these sentencing purposes and you effectively come before the court as a first offender. You were born on 18 July 1985 and you are now age 27 years. You were raised by your mother in Adelaide. She died when you were age 16 and you have had no contact with your father. You reside in Bendigo and you are employed as a process worker by Hazeldene Chicken Farm and you are in receipt of $650 net per week. Your expenses are rent and the usual living expenses that you would incur.
6 Since being charged with this offence in 2007 you have been signing on regularly for bail, and whilst the circumstances of your appearance at this court have been somewhat unsatisfactory, I have nevertheless taken into account in your favour the fact that you have complied with your obligations in respect of bail for a period of five years. The delay in this matter coming before the court is essentially unexplained and I have also taken that delay into account in your favour and the fact that you have only one subsequent matter in that five year period suggests to me that your prospects for rehabilitation may properly be described as good.
7 Nevertheless offending of this type requires me to impose a penalty which is calculated to deter other persons from making threats of this kind, even if such threats do occur in circumstances where a civil debt may have been owing. Disputes of this nature cannot be resolved by persons resorting to threatening to inflict injury to others.
8 In the result the sentence of the court is as follows –
9 On charge 1, the charge of threatening to inflict serious injury contrary to s.21 of the Crimes Act 1958, you are convicted and sentenced to be fined the sum of $300. In relation to Charge 2, the charge of threatening to inflict serious injury contrary to s.21 of the Crimes Act 1958, you are convicted and sentenced to be fined the sum of $300, and in relation to the summary offence of failing to answer bail you are convicted and sentenced to be fined the sum of $250. That makes a total fine of $850. I grant you one month for the payment of that fine. But for your plea of guilty I would have fined you a total sum of $1250.
10 OFFENDER: Could I please ask for a slight exception?
11 HIS HONOUR: All right, I will give you two months.
12 OFFENDER: Thank you.
13 HIS HONOUR: It has got to be paid. If not you will be doing community work.
14 OFFENDER: Yes, no worries..
15 HIS HONOUR: All right. Is there anything further?
16 COUNSEL: No, Your Honour.
17 HIS HONOUR: Thank you.
18 MR MIDDLETON: Thank you, Your Honour. As Your Honour pleases.
19 HIS HONOUR: All right, so it is a stay of two months.
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