Director of Public Prosecutions v Platt

[2017] VCC 728

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

AT BALLARAT
CRIMINAL JURISDICTION

CR 16-01291

DIRECTOR OF PUBLIC PROSECUTIONS

v

DAMIEN PLATT

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Ballarat
DATE OF HEARING:
DATE OF SENTENCE:	6 June 2017
CASE MAY BE CITED AS:	DPP v Platt
MEDIUM NEUTRAL CITATION:	[2017] VCC 728

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	Mr P. Bourke
For the Accused	Mr D McGlone

HIS HONOUR:

1Mr Platt, can you stand up please, sir.  You have been convicted by a jury of two counts of common law assault in the circumstances that I have just discussed with counsel and one can refer to the transcript of the complainant's evidence to fully understand what it is which is the substance of the allegations which the jury found you guilty of.

2You have a criminal history, there is no violence on it.  This was a very strange relationship between you and the complainant.  You have two outstanding rape trials to face at the end of next month.  Taking into account all those matters and the circumstances of the offending, in my view the appropriate penalty is a fine on each of the common law assault charges.

3So I will convict you and fine you $1000 on each.  Do you want a stay on that?

4MR MCGLONE:  I would seek a two month stay, Your Honour.

5HIS HONOUR:  I will give you three months so that by then everything will be clear.  A stay of three months.  I have re-signed a new bail condition with the change of address.  Will we have to enter that downstairs?

6MR BOURKE:  Yes, you will, Your Honour.

7HIS HONOUR:  Mr Platt, go down with your counsel and enter your new bail which has the change of address.  All right, thank you.  You may leave.

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