Director of Public Prosecutions v Murrell, Richard
[2013] VCC 344
•25 March 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-00831
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RICHARD MURRELL |
---
JUDGE: | HIS HONOUR JUDGE MAIDMENT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 25 March 2013 | |
DATE OF SENTENCE: | 25 March 2013 | |
CASE MAY BE CITED AS: | DPP v Murrell, Richard | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 344 | |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms C. Parkes | |
| For the Accused | Mr J. Miller |
HIS HONOUR:
1 You have pleaded guilty to intentionally causing injury on 29 September 2011 and to five other offences involving possession of one drug or another.
2 You have no prior convictions. The maximum term of imprisonment for the offence of intentionally causing injury is ten years imprisonment and for possession of a drug of dependence, either 30 penalty units or imprisonment for a year or five years, depending on your ability to discharge the onus of proving that you did not have them in your possession for any purpose involving trafficking.
3
I do not find that burden has been discharged in relation to Charge No.2 and
I do not find that burden has been discharged in relation to Charge No.4.
I have my slight reservations but on balance I am prepared to make a finding that in relation to Charges No.3, 5 and 6, that you have discharged the onus that I have just referred to, which reduces the maximum term of imprisonment for those offences to one year. So far as Charges 2 and 4 are concerned, the maximum term of imprisonment is therefore five years.
4 The prosecution has filed and read to the court an amended summary of prosecution opening, which is Exhibit A on the plea. I do not propose to read it again, but I incorporate that document in its entirety into these reasons for sentence. Suffice it to say that your behaviour in using a blow torch jet lighter to burn your victim, whilst she was asleep or unconscious, seems to me to be bizarre and explicable only on the basis that you were heavily affected yourself by probably a cocktail of drugs of dependence.
5 It is a serious offence of its kind and undoubtedly does merit a term of imprisonment, despite the fact that you have no prior convictions. So far as the other offences are concerned, ordinarily I would have been inclined, I think, to have imposed a sentence that did not deprive you of your liberty immediately, in relation to those offences, even those where you failed to discharge the onus of demonstrating that your possession had nothing to do with trafficking. However, it seems to me those offences still merit a term of imprisonment.
6 So far as the offences of possession simplicita are concerned, that is where I find you have discharged the onus, I would not regard those offences, for a first offender, as requiring a term of imprisonment.
7 The prosecution also relied upon photographs, which bear out the fact that the offence of intentionally causing injury is a serious one and a victim impact statement, which demonstrates that your conduct had a significant impact on your victim and continues to have a significant impact upon your victim's mother, who herself is a victim essentially of your offending conduct and I must take that into account.
8 Turning to matters personal to you. You are now 33 years of age.
9 Your counsel has very helpfully provided me with an outline of submissions, which sets out a deal about your background, including references to drug and alcohol use. It demonstrates, I think, that your prospects of rehabilitation are good, provided that you stay away from illicit drugs.
10 It is noteworthy that you have apparently been drug free since you have been in custody and I am encouraged to think that you have turned the corner in that regard and that you have a genuine intent to stay away from drugs in the future.
11 I am not going to go into detail about the matters referred to in Exhibit 1 and I incorporate that document into these reasons for sentence. I am required to express the denunciation of this court for conduct of this kind and to punish you adequately for your offending conduct. I am also required to pay proper regard to the need to deter you from committing offences in the future and to deter others from engaging in conduct of this kind, whilst at the same time, facilitating your rehabilitation as much as I reasonably can.
12 Your counsel has urged upon me to impose a sentence which would permit your immediate release and would involve suspension of the balance of any term of imprisonment that I thought was appropriate to impose. The prosecution has considered those matters and has indicated that in their view, a range of appropriate sentences for your conduct is between nine months and 18 months imprisonment and a non-parole period which would permit your immediate release.
13 It seems to me that both your counsel and the prosecuting counsel have been wholly realistic about the seriousness of the offence, but nevertheless the other matters which bear upon the sentencing exercise that I have to perform, which makes my life comparatively easy because I am inclined to accede to the submissions made by your counsel and are now ready to pass sentence. If you would just stand please.
14 On Charge 1 of intentionally causing injury, I sentence you to imprisonment for a period of 12 months. On Charge 2 of possessing methylamphetamine, I sentence you to imprisonment for three months. On Charge 3 of possession of a drug of dependence, cannabis, I convict you and discharge you. I should say that I convict you in relation to both of Charges 1 and 2 as well. Charge 4 of possession of oxycodone, I sentence you to two months imprisonment and I convict you. On Charge 5 of possession of methorphan, I convict you and discharge you, and on Charge 6 of possession of cocaine, I convict you and discharge you.
15 I order that the sentence of three months on Charge 2 be served cumulatively upon the sentence of 12 months on Charge No.1, making a total effective sentence of 15 months imprisonment and I order that the whole of that sentence, save for the period of 211 days that you have served to date, be suspended for a period of two years and I declare that 211 of pre-sentence detention be reckoned as time served under the sentence that I have imposed.
16 That means that you have the balance of the sentence hanging over your head for a period of two years and as no doubt you are well aware, if you do not commit and offence, punishable by imprisonment, during that period, you will not be required to serve the balance of that sentence. If however you do commit an offence punishable by imprisonment within the period of two years, during which the sentence is suspended, you will be brought back to court and almost certainly required to serve the balance of the term. Do you follow? All right.
17 But for your pleas of guilty, I would have sentenced you to imprisonment for a period of two and a half years, with a non-parole period of 18 months.
18 I make the orders for disposal of property that will no doubt be provided to me in draft form.
19 MS PARKES: Yes, Your Honour.
20 HIS HONOUR: And I do that on the basis of the application of the prosecution and on the basis that you have consented to those orders being made.
21 Are there any other orders that I need make?
22 MS PARKES: No, Your Honour.
23 HIS HONOUR: No, all right.
24 MR MILLER: Just in relation to Charge 4, Sir.
25 HIS HONOUR: Yes.
26 MR MILLER: I didn't hear what you said about cumulation and concurrency for that - - -
27 HIS HONOUR: I just said nothing because - - -
28 MR MILLER: The presumption is that it - - -
29 HIS HONOUR: And the default position is that it is concurrent.
30 MR MILLER: Thank you.
31 HIS HONOUR: All right?
32 MR MILLER: Thank you.
33 HIS HONOUR: All right. You can take a seat for a moment. It is the 25th today, isn't it?
34 MS PARKES: Yes, Your Honour.
35 HIS HONOUR: I will give you the photographs back.
36 MS PARKES: Thank you, Your Honour.
- - -
0
0
0