Director of Public Prosecutions v Northway

[2014] VCC 717

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

AT SALE
CRIMINAL JURISDICTION

CR 13-01601

DIRECTOR OF PUBLIC PROSECUTIONS

v

RUTH NICOLE NORTHWAY

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Sale
DATE OF HEARING:	19 May 2014
DATE OF SENTENCE:	19 May 2014
CASE MAY BE CITED AS:	DPP v Northway
MEDIUM NEUTRAL CITATION:	[2014] VCC 717

REASONS FOR SENTENCE
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Subject:
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr N Hutton	O.P.P.
For the Accused	Mr T Bourke	Galbally Rolfe

HIS HONOUR:

1Ruth Nicole Northway, you have pleaded guilty to eight charges of theft contrary to s.74(1) of the Crimes Act 1958. The maximum penalty for that offence is ten years imprisonment.

2You indicated a willingness to plead guilty to roll up charges at committal mention, and did so.  I have taken your early plea into account in your favour in mitigation of sentence.  You have no prior convictions, subsequent convictions, or any outstanding charges.  A summary of prosecution opening was read to the court and tendered in evidence, and your offending may be summarised as follows:

3Between 6 January 2005 and 20 September 2012, you stole the sum of $270,833.77 from Valley Fire and Security Proprietary Limited.  At all material times, you were a shareholder of that business with your former husband and his partner Peter Berryman and his wife.  The business installed fire protection systems.  You worked as a part-time bookkeeper for the business.

4Your offending involved cashing cheques and making payments to non-existent suppliers.  The monies you stole were used by you to purchase items for your family, your family home and some discretionary items for yourself.

5Your offending occurred in the context of a very unhappy marriage to your former husband, and it would appear from the psychological report tendered in evidence on your behalf, that you lived in an isolated setting, and consequently developed symptoms of depression and mood disturbance.  I am satisfied that there is a link between your offending and your disturbed psychological state.

6In October 2012, you and your husband separated and you attempted suicide.  Your offending was reported by your husband and his partner to the police and you were charged with these offences. 

7Whilst it is clear that your conduct may properly be described as criminal in nature, in my opinion, the impact on you of these matters being reported to the police may properly be described as harsh.

8Following your family law settlement with your husband, Valley Fire and Security received full restitution from your share of the assets owned by you and your husband which assets included your interest in the business Valley Fire and Security.

9In my opinion, your moral culpability for your offending is low, and whilst general deterrence is an important sentencing consideration in cases such as this, I propose to significantly moderate its application in your case.  After a relationship of approximately 18 years with Kevin Northway, you now have few assets, the responsibility for at least 2 of your children, and limited employment prospects due to you facing these charges.

10I now turn to your personal circumstances.  You were born on 22 June 1972 and you are now aged 41.  You are divorced from Mr Northway and have three children aged 16, 14 and 11 from that relationship.  The two youngest children live with you.  Your developmental years appear to have been disrupted by the untimely death of your father when you were eight.  Your education and work history has been unremarkable and you have held a number of bookkeeping and administrative type positions.

11I have received in evidence a psychological report of Dr Matthew Barth detailing your background and psychological profile.  I accept that you are a vulnerable, introverted person with very poor self-esteem.  You require ongoing treatment and counselling which you are now receiving.  I further accept that you are deeply remorseful for what you have done and that your prospects for rehabilitation are very good.

12Your sister gave evidence on your behalf of the shame and distress that you have suffered as a result of these events. 

13Whilst a substantial sum of money was stolen by you, I do not accept that a term of imprisonment is the only appropriate proportionate penalty available to me, in the exceptional circumstances of this case.

14Accordingly, I had you assessed as to your suitability for a Community Correction Order and the report provided to the court states that you are suitable for such a disposition, and in my opinion, the purposes for which this sentence is to be imposed will be achieved by me, placing you on such an Order.

15In the result, the sentence of the court is as follows.  In relation to the eight charges of theft before the court, you are convicted and sentenced to serve a community corrections order for a period of 18 months on the usual core conditions, and the following special conditions:

1.        You perform 80 hours, unpaid community work during the period of the         order.

2.        You be under the supervision of the Community Corrections Officer for          the period of the order.

3.        You undergo mental health assessment and treatment, including but   not limited to, mental health, psychological, neuropsychological and                   psychiatric treatment in hospital or a residential facility if necessary as             directed by the Regional Manager.

16Do you agree to entering such an order?

17OFFENDER:  Yes Your Honour.

18HIS HONOUR:  Yes, could you come forward and sign it please.  Yes I have signed that order.  Are there any further orders required?

19MR HUTTON:  No Your Honour.

20HIS HONOUR:  Thank you.  Yes, you have to report to the Officer of Corrections on Wednesday Ms Northway, thank you.

21MR BOURKE:  As Your Honour pleases.

22HIS HONOUR:  We'll adjourn now until 10 a.m. tomorrow, thank you.

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