Director of Public Prosecutions v Pollard

[2012] VCC 2169

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

AT MELBOURNE

CRIMINAL DIVISION

DIRECTOR OF PUBLIC PROSECUTIONS

v

KYLE POLLARD
JARROD BARTLING

---

JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:	1 March 2012
DATE OF SENTENCE:	1 March 2012
CASE MAY BE CITED AS:	DPP v Pollard & Anor
MEDIUM NEUTRAL CITATION:	[2012] VCC 2169

REASONS FOR SENTENCE

---

APPEARANCES:	Counsel	Solicitors
For the Crown	Mr Dwyer	OPP
For the Accused	Mr Bourke (Bartling) Mr Penno (Pollard)	Balmer & Associates

HIS HONOUR:

1       Mr Pollard, your behaviour on this night was completely unacceptable.  Being drunk does not excuse it; it just makes it worse, in my view, particularly with someone with your criminal record.  It is encouraging that there is evidence before me that you have stopped drinking, and hopefully that will have caused you to learn that lesson.  I am also pleased that you are working.  However, you have a record and it is a substantial record, and when considering the matter fully and taking into account general deterrence and specific deterrence, it is my view that I have to impose a prison sentence.

2       In relation to charges of affray and intentionally causing injury, I impose a aggregate gaol sentence of 15 months and I partially suspend eight months of those for a period of two years, which means there is a sentence of seven months, of which you have done three.  I declare that it be taken into account that you have served 97 days, and that be deducted.

3       

Mr Bartling, you do not have the same record and played a much lesser role in this, but you would not want to get involved in this sort of thing again. 

I convict and fine you $5000. 

4       Do you want time to pay?

5       MR BOURKE:  Six months, Your Honour.

6       HIS HONOUR:  Three months and see how he goes?

7       MR BOURKE:  Yes, Your Honour. 

8       HIS HONOUR:  You have got three months to pay that.  Are there any other orders I need to make, Mr Dwyer?

9       MR DWYER:  No, Your Honour. 

10      HIS HONOUR:  All right, could you remove Mr Pollard, please?  Would you go up the back of the court, please, where the prison officer is, please?

11      Perhaps I had better bring him back in.  I forget to explain the consequences in breaching the order.  Can you ask for him to come back in?

12 MR DWYER: Section 6AAA too.

13      HIS HONOUR:  Yes, sorry.

14      In relation to the other convictions from the Magistrates' Court that were not the subject of these proceedings but appear, I set aside the order of the Magistrates' Court and strike out those other matters.

15      MR DWYER:  Yes.  I could not recall whether Your Honour had done that at the start.

16      HIS HONOUR:  I thought I had but my associate was not here yesterday.  So I dismiss the charges that we did not deal with here.

17      Sorry, Mr Pollard, I forgot to do a couple of things.  You understand in the next two years, once you get released, if you breach the suspended sentence you have got to come back before me and, unless you show exceptional circumstances, you do the time.

18 I declare under s.6AAA of Sentencing Act, that but for your plea of guilty, I would have sentenced you to a term of imprisonment of 15 months. 

19      Thanks, you can now go again.

20      Anything else?

21      MR DWYER:  Can I just say that reference should be made to 6AAA in relation to Mr Barlting?

22      HIS HONOUR:  He was fined, so it does not matter.

23      MR DWYER:  As Your Honour pleases.

24      HIS HONOUR:  Adjourn the court until ten o'clock tomorrow thanks.

- - -