Director of Public Prosecutions v Ryan

[2015] VCC 589

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR -14-01228

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRENT ANTHONY RYAN

---

JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	8 May 2015
CASE MAY BE CITED AS:	DPP v Ryan
MEDIUM NEUTRAL CITATION:	[2015] VCC 589

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr R. Hammill
For the Accused	Mr R. Keating

HER HONOUR:

1

Brent Anthony Ryan, on 15 February 2015, you were found not guilty by reason of mental impairment of the following offences: 

(1) Make threat to kill. 

(2) Common law assault. 

(3) Storing an unlicensed firearm in an insecure manner; and 

(4) Being an non-prohibited person in possession of an unlicensed Category A longarm. 

2Both the prosecution and defence agreed that the evidence before established that the defence of mental impairment was available to you.  Given this agreement I was empowered to enter into the record this verdict without a jury.  As a consequence of this finding, the court must either declare you to be liable for supervision, or for you to be released unconditionally.  I declared you to be liable to supervision and continued your bail. 

3Prior to making a supervision order, it is necessary for the court to receive a certificate under s.47 of the Act, stating that the facilities or services necessary for any order are available.  Additionally, a report has been obtained, pursuant to s.41 of the Act, from Forensicare, dated 28 April 2015,  after an assessment was conducted of you by Dr Kirsten Clayer, psychiatric registrar, Victorian Institute of Forensic Medicine.

4Both counsel have been provided with a copy of this report.  Reports of victims Kelly Wilson, Annette Cava, David Ryan and Carol Ryan, pursuant to s.42 of the Act, were also obtained and tendered.  I have considered all of this material in determining the kind of supervision order, pursuant to s.26(2) of the Act to be made.  In addition I take into account the matters listed in ss.39 and 40 of the Act. 

5I propose to place you on a non-custodial supervision order for a nominal period of five years, and there will be the following conditions:  (1) That you be under the supervision of the authorised psychiatrist of the VIFMH, that is the Victoria Institute of Forensic Mental Health, or their delegate; (2) That you reside at a location known and approved by the authorised psychiatrist of the VIFMH; (3) That you abide by the lawful directions of the authorised or delegated psychiatrist of the VIFMH, or the nominee of the authorised psychiatrist, or their delegate; (4) That you comply with treatment, testing and attend appointments, as directed by the authorised or delegated psychiatrist of the VIFMH, or their nominee; (5) That you abstain from the use of alcohol and from the use of illicit drugs; and (6) that you do not leave the State of Victoria without the written permission of the authorised psychiatrist or their delegate of the VIFMH. 

6Mr Ryan, I am sure Mr Keating will explain this order to you and the conditions. 

7Is there any other matters that I need to deal with?

8MR HAMMILL:  No, Your Honour.

9MR KEATING:  A couple of matters, Your Honour.  Myself and the prosecutor both thought - and I don't know if it's a matter you need to order, or we can do.  We thought it would be useful for all the people who are involved in his life to perhaps have a copy of the letter, or a copy of the order, or something so that there is a reference to all the people working together.

10HER HONOUR:  Yes.  Yes, no, that is all right.  A copy of the formal order, you mean?

11MR KEATING:  Yes, that might be appropriate.

12HER HONOUR:  Yes, well my associate will have to sort that out.  Anything else, Mr Keating?

13MR HAMMILL:  Yes, we did make application at the - thank you.  My friend reminds me, we made application for a 464ZF sample.  The accused has not yet been sampled, so we'd ask Your Honour to make that order.  I understand it's not opposed. 

14HER HONOUR:  Is that by consent?

15MR KEATING:  Yes, that consented.

16HER HONOUR:  All right, have you got the order?

17MR HAMMILL:  I do, Your Honour, and I'll it through your associate. 

18HER HONOUR:  All right, if you can hand it up I will sign those and make that order as well.

19MR HAMMILL:  Thank you, Your Honour.

20HER HONOUR:  Is it necessary to set a review date, Mr Hammill?

21MR HAMMILL:  Yes, it's a matter of discretion, Your Honour.

22HER HONOUR:  That is what I thought it was, a discretionary matter. 

23MR HAMMILL:  Yes.

24HER HONOUR:  No, I won't do that.

25MR HAMMILL:  Yes, thank you, Your Honour.  The practice is not to.

26HER HONOUR:  What is the date, the 8th?

27MR HAMMILL:  The 8th, Your Honour, yes.

28HER HONOUR:  Mr Ryan, this order that I am signing, means that you have to attend a police station within a month or so, to provide a sample to police.  There is that order done.  It is saying that you have to do a review date.  Just a minute.  I didn't think that we did.

29MR HAMMILL:  No, Your Honour doesn't.  If the - - -

30HER HONOUR:  It says, "When making a supervision order, the court may direct the matter be brought back to court for a review at the end of the period specified by the court."  Well if I - - -

31

MR HAMMILL:  Yes.  If we're in a position where your computer says "no",

but - - -

32HER HONOUR:  Yes, I think that's where we're at. 

33MR HAMMILL:  It is certainly not the case that Your Honour does.  The practice is not to, unless Your Honour feels the need.

34HER HONOUR:  No, no, I don't have any - - -

35MR HAMMILL:  Yes. 

36HER HONOUR:  - - - desire to do that at all. 

37MR HAMMILL:  I got told at VicRoads a couple of years ago that I'd moved address and - - -

38HER HONOUR:  Yes.  No.

39MR HAMMILL:  - - - as much as I stridently told them that I hadn't - - -  

40HER HONOUR:  Is there going to be a problem with getting the order finalised then, Robyn? 

41ASSOCIATE:  (Indistinct)

42HER HONOUR:  Well if I'm not here, I'll be on the third floor.

43ASSOCIATE:  Yes.

44HER HONOUR:  All right.

45MR HAMMILL:  Your Honour didn't formally declare the date.  We take the date as today, that the order commences.

46HER HONOUR:  Yes, so five years from today.

47MR HAMMILL:  Your Honour makes the declaration that it's a requirement.  Five years from today, yes. 

48HER HONOUR:  Yes, five years from today.

49MR HAMMILL:  Thank you, Your Honour.

50HER HONOUR:  All right, thanks.

- - -