Director of Public Prosecutions v Percival

[2015] VCC 1925

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01346

DIRECTOR OF PUBLIC PROSECUTIONS

v

TRENT PERCIVAL

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	16 December 2015
CASE MAY BE CITED AS:	DPP v Percival
MEDIUM NEUTRAL CITATION:	[2015] VCC 1925

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms C. Parkes	Office of Public Prosecutions
For the Accused	Ms M. Casey	Victoria Legal Aid

HIS HONOUR: 

1The community corrections order, Mr Percival, that I am imposing upon you starts today and finishes on 15 August next year, eighth month. 

2These are the conditions that apply to everyone on a community corrections order and apply to you:

3The first one is the most important, I think.  You must not commit another offence for which you could be imprisoned during the time the order is in force.  Almost every offence you can think of is punishable by imprisonment even if you did not receive such a penalty from a magistrate.  If you commit an offence during the time that this order applies - that is the next eight months - then you will breach this order and you will come back before me and I will be none too happy.

4The next thing is you have got to comply with any obligations or requirements under the sentencing regulations.  The office of Corrections might need a photograph of you so that they know who you are when you come in and so on.  You must report to and receive visits from the office of Corrections.  That is the only overall supervision they will have, so do what they ask when they tell you to come and report.

5You must go down to the community corrections centre within two clear working days of today, so go there tomorrow or the next day.  That address will be on the document, it is down at the Geelong Community Correctional Services state government offices at Little Malop Street, Geelong, opposite the new library. 

6You have got to tell the community corrections officer if you change your address or your job.  You have got to do that straightaway within two clear working days.  You cannot leave Victoria without getting permission to do so - that is for any sort of trip - and you must obey all lawful instructions and directions.

7All right, so that is mandatory conditions; they apply to everybody.  What applies as well and just to you is this condition:  you must participate in programs and courses that address any factors relating to offending.  So if they ask you to do some sort of course - might relate to anger or any other sort of course, you have just got to do that, do you understand?

8OFFENDER:  Yes, Your Honour.

9HIS HONOUR:  All right, if you sign that when it is sent down, I will sign it as well.  That will bring the matter to an end. 

10There is an outstanding application relating to taking forensic sample.  I have heard what you have told your barrister about that so the prosecution, they will look into it.  If there is no need to do anything further in terms of bringing you back to court then you will not have to worry about it again, it will just be retained.  If there is a need for the application to be made, then you will have to come to court someday that is convenient in February or thereabouts next year in Geelong.  All right?

11OFFENDER:  Yes, Your Honour.

12HIS HONOUR:  I think the document will be sent now.  Not sure how it is all going to work but - just take a seat, Mr Percival.

13Ms Casey, it's being scanned and emailed to the registrar at Geelong right now, so head downstairs and locate where he is and the document, get it printed, sign it. 

14MS CASEY:  Yes.

15HIS HONOUR:  That document will be somehow sent back to me over the airways and I'll sign it as well, and various copies will be delivered to the parties.  So I'll stand down for a moment while that happens, and we'll come back to it I suppose with the signed documents very shortly.

16MS CASEY:  As Your Honour pleases.

17HIS HONOUR:  Thank you.

18(Short adjournment.)

19Thank you.  Mr Percival, I've got a document here signed by you; I'll sign it and copies will be made available so that will be the order that you're under and that brings the matter to an end, I think, save that reasons for the sentence will be provided to the parties in writing and if there's anything to be done about the 464 order then the parties will notify me that there is a need. 

20There's nothing further, thank you very much.  Ms Casey, we'll end the link.

21MS CASEY:  As Your Honour pleases.

22HIS HONOUR:  Thank you.

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