Director of Public Prosecutions v O'Donnell

[2013] VCC 937

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

AT MELBOURNE

CRIMINAL DIVISION

Case No.  CR-11-00529

DIRECTOR OF PUBLIC PROSECUTIONS

v

LAURA O'DONNELL

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JUDGE:	HER HONOUR JUDGE PULLEN
WHERE HELD:	Melbourne
DATE OF HEARING:	6 and 14 March 2013
DATE OF SENTENCE:	14 March 2013
CASE MAY BE CITED AS:	DPP v. O'Donnell
MEDIUM NEUTRAL CITATION:	[2013] VCC 937

REASONS FOR SENTENCE
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Subject:  
Catchwords:            
Legislation Cited:    
Cases Cited:            
Sentence:                

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms K. Hamill	Office of Public Prosecutions
For the Accused	Mr S. Kenny	Mike Wardell & Associates

HER HONOUR:

1       I find the breach proven.  I have not checked whether there are any additional penalties such as a fine that can apply.  I do not impose any additional penalty in relation to the breach, the Community-based Order is cancelled.

2       Ms O'Donnell is re-sentenced on the five charges but in doing so I have taken into account, which is why they might seem somewhat low, the fact that she has complied with six months of the Community-based Order, or thereabouts from October to April.  The breach offences are not further offending in this case, so there is a distinction there.

3       I sentence you as follows.

4       In relation to the charge of indecent act, Charge 2 which was complainant SV, 3 months' imprisonment. 

5       In relation to Charge 3, which was complainant WV junior, as I referred to him in my sentencing remarks, 2 months imprisonment. 

6       In relation to Charge 7, which was complainant AC, 2 months imprisonment. 

7       In relation to Charge 8, which was complainant WV junior, 2 months imprisonment. 

8       In relation to Charge 9, which was complainant DM, 1 months imprisonment. 

9       I have taken into account proportionality and totality. 

10      Charge 2 is the base sentence, and I direct that 1 month of Charge 3 is cumulative upon Charge 2.  One month of Charge 7 is cumulative upon Charge 2, and 14 days of Charge 8 cumulative upon Charge 2.  I am not making any order in relation to cumulation to Charge 9. 

11      That will give a total effective sentence of 5 months and 14 days imprisonment.

12      Do you want to check the maths before I leave the Bench?

13      MR KENNY:  No, Your Honour.  May it please the court.

14      MS HAMILL:  If the court pleases.

15      HER HONOUR:  Thank you.  Now did you hear that Ms Richardson?

16      MS RICHARDSON:  I did, thank you, Your Honour.

17      HER HONOUR:  Yes, thank you. 

(Prisoner removed.)

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