Director of Public Prosecutions v Romero, Wayne
[2013] VCC 86
•8 February 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-09-01561
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| WAYNE ROMERO |
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JUDGE: | HIS HONOUR JUDGE McINERNEY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24-25 October & 14 November 2012, 8 February 2013 | |
DATE OF SENTENCE: | 8 February 2013 | |
CASE MAY BE CITED AS: | DPP v Romero, Wayne | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 86 | |
REASONS FOR SENTENCE
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Subject: Criminal law – plea – sentence
Catchwords: recklessly cause injury – aggravated burglary
Legislation Cited:
Cases Cited:
Sentence: total effective sentence of 6 months imprisonment
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr P Atkinson | Office of Public Prosecutions |
| For the Accused | Mr A Marshall | Mr M. Vaccaro |
HIS HONOUR:
1 In this matter, Mr Wayne Dennis Romero pleaded guilty to a filed over presentment, Presentment No. X03640547.1, which was filed over in the Wodonga sittings of the County Court on 25 October 2012.
2 The filed-over presentment replaced an earlier six-count presentment. The presentment which this Court has had to deal with is a 2 count presentment, one count of recklessly causing injury, and one count of aggravated burglary. The particular circumstances of these offences are detailed in Exhibit A, the prosecution opening.
3 Count 1 occurred at a private birthday function and no doubt, given the circumstances involved in the assault and the consequences, may or may not have result in Mr Romero being charged, and certainly could have been dealt with in the Magistrates' Court had he been charged.
4 However, the next day the more serious circumstances of the aggravated burglary matter arose and that led ultimately to the two-count presentment, and those circumstances relate back to the earlier events at the birthday party at the Chiltern Racecourse.
5 At about midday, the day after the birthday party, Mr Romero arrived and went to apologise to Mr Macklin for throwing him out of the party. Unfortunately an issue arose where Mr Romero had an argument with both Mr Macklin again and Mr Cook, and he was asked to leave.
6 Mr Romero in fact did leave as a result of being asked, but in a brainfade, unfortunately for him, he returned a minute later carrying a wood splitter. At that stage he was yelling threats to Mr Cook and Mr Macklin. Mr Romero eventually left, did not assault anyone, and threw the wood splitter on the ground.
7 The only consequences insofar as these two offences was that Mr Cook, for the assault, was treated at Wodonga Hospital for a superficial abrasion. There was no victim impact statement filed by either party.
8 The consequences are quite severe of a conviction of aggravated burglary, and Parliament has prescribed a serious maximum penalty being twenty-five years imprisonment. However, I think it has been realistically accepted by the prosecution in this matter, the culpability and the type of objective criminality involved in an aggravated burglary must, when one looks at the circumstances of this case, be seen at the very lowest. As I say, it appears to be a momentary aberration. Technically, it is an aggravated burglary in the sense that he has entered with a weapon; however, fortunately, nothing happened thereafter.
9 Mr Marshall in the plea in Wodonga was somewhat undermanned, if I put it that way, using a sporting analogy which is pretty popular today, and subsequently has obtained a neuropsychological assessment of Dr Lindsay Vowels dated 23 January 2013, which has been tendered as Exhibit 1 today.
10
The neuropsychological assessment, with the criminal history of Mr Romero, shows, as I just said, perhaps some unfortunate aspects in
Mr Romero's background and perhaps even some unlucky aspects. The things that stand out is that he has been a good worker, that until the most recent sentence, that is, last Thursday, he has never had a significant sentence for gaol and essentially been looked after by the Courts and shown mercy. However, these matters have to stop.
11 Mr Romero is now at a stage where he is before superior Courts, and he has reached a stage where mercy may be limited.
12 Mr Romero, you are now thirty-one years old. This has to be put behind you, mainly because of the consequences to yourself. You seem to be the one who gets injured, mostly.
13 What stands out, of course, from the neuropsychological report is the impact of the self-inflicted driving accident. It was a single driving accident and of course one of the consequences of that is that the criminal driving offences involved in that accident has led to the situation where you breached a suspended sentence, which led to the imposition in the Magistrates' Court last Thursday of five months' gaol.
14
Taking into account all of the matters put to me, in particular the plea of
Mr Marshall, an appropriate sentence in this matter would be such as is served essentially concurrently with the sentence Mr Romero is now serving.
15 Mr Romero, if you would stand please.
Sentence
16 Taking account of all the matters put to me, Mr Romero, by your plea you will be convicted on both counts.
17 On Count 1, the charge of recklessly cause injury, you are sentenced to one months imprisonment.
18 On Count 2, the charge of aggravated burglary, you are sentenced to six months imprisonment.
19 I will make no order as to cumulation, that will mean that the sentence will be a six-month sentence, from today.
20 Insofar as your current five months is concerned, you will have an additional month and a couple of days to serve on top of your current five months, all right?
21 I declare, pursuant to s.6AAA of the Sentencing Act 1991, that had Mr Romero not pleaded guilty I would have sentenced him to a total effective sentence of nine months' gaol. I cannot comply with that section in any better way.
22 I have signed an order pursuant to s.464ZF of the Crimes Act 1958. What that is is an order for you to give a sample of your blood, and it is necessary for me to tell you if you do not give that, Mr Romero, they can come back to Court and get me to make an order. I do not want to have to do that, all right, so you co-operate in that.
23 I think that finalises the matter, Mr Prosecutor.
24 MR ATKINSON: Yes, Your Honour.
25 HIS HONOUR: Straight effective sentence of six months from today. Yes, thank you, Mr Marshall.
26 MR MARSHALL: Thank you, Your Honour.
27 HIS HONOUR: Mr Atkinson, always nice to see you.
28 MR ATKINSON: Yes, sir, nice to see you, likewise.
29 HIS HONOUR: Good luck, Mr Romero. We do not want to see you anymore, all right?
30 OFFENDER: No.
31 HIS HONOUR: No getting into trouble. Your head will not take much more.
32 OFFENDER: No.
33 HIS HONOUR: All right. Thanks, officer.
34 (Prisoner removed.)
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