Director of Public Prosecutions v Reeves

[2019] VCC 225

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

AT MILDURA
CRIMINAL JURISDICTION

CR 19-00131

DIRECTOR OF PUBLIC PROSECUTIONS

v

DARYL JOHN REEVES

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Mildura
DATE OF HEARING:	5 March 2019
DATE OF SENTENCE:	5 March 2019
CASE MAY BE CITED AS:	DPP v Reeves
MEDIUM NEUTRAL CITATION:	[2019] VCC 225

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty	Office of Public Prosecutions
For the Offender	Mr G. Dunstan	Dunstan Law

HIS HONOUR:

1Daryl John Reeves, you have pleaded guilty to one charge of theft of a firearm.  That crime carries a maximum penalty of 15 years' imprisonment.

2Your plea of guilty was at an early stage - remorse would be problematic - but you must also, of course, get the utilitarian benefit of that plea of guilty.

3You have a very extensive criminal history, you have been incarcerated on many occasions, and I am well-aware of all that.  It is to be noted that the firearm that you stole was in fact an air rifle - and not a 22, or anything like that - and that does assist.  Also of importance is that the firearm was recovered and is not out there for general use.

4The circumstances of the offending are that you, on 11 September 2017, attended at a property to speak to the owner about a business proposition.  You were seen there to steal a number of items, including a Webley & Scott air rifle.  That rifle was subsequently found at your premises and you are to be charged with it.

5In the Magistrates' Court back in October of 2018 you were dealt with for all the summary matters that arose out of this incident, but unfortunately because the theft of the firearm cannot be heard summarily this matter had to be adjourned off and go into the County Court stream.  That is unfortunate and I have no doubt, had the magistrate had this matter before him or her back in October, that the sentence imposed would not have been any longer.  Indeed it is clear from the sentence that the magistrate imposed, which was 14 months with a six-month minimum, that the magistrate wanted you to become eligible for parole at an early date.  That has not transpired because of this matter outstanding and I take that into account.

6It is a situation where I do not need to go through anything relating to your personal history.  You are 55, you know what you are doing.  If you keep stealing things you will keep getting locked up.

7Prospects of your rehabilitation are up to you.  The risk of you reoffending has to be regarded as high, but I have got to give an appropriate sentence - that is, a sentence appropriate to all the circumstances - and this matter should have been dealt with, if it could have been, something like six/eight months ago.

8Accordingly, on the charge of theft of an air rifle you are sentenced to be imprisoned for a period of seven days.  I direct that that sentence be served concurrently with any sentence presently being undergone.  6AAA, a fortnight.  Two weeks.

9MR O'DOHERTY:  Instead of a week.

10HIS HONOUR:  Yes.  Nothing else?

11MR O'DOHERTY:  Forfeiture.

12HIS HONOUR:  Done that.

13MR O'DOHERTY:  Yes.

14HIS HONOUR:  Yes, Dave - Mr O'Doherty, could you tender the prosecution opening just so we've got it on record?

15MR O'DOHERTY:  Tender the prosecution opening.

#EXHIBIT A -    Prosecution opening.

16MR O'DOHERTY:  Thank you.

17HIS HONOUR:  All right.  You can just talk to him for a second, if you want?  I'll just leave the Bench, come back at half past ten.

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