Director of Public Prosecutions v Schepis, Paul Barry
[2013] VCC 740
•5 June 2013
| IN THE COUNTY COURT OF VICTORIA | Revised (Not) Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-13-00441
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PAUL BARRY SCHEPIS |
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JUDGE: | HIS HONOUR JUDGE PUNSHON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 5 June 2013 | |
DATE OF SENTENCE: | 5 June 2013 | |
CASE MAY BE CITED AS: | DPP v Schepis, Paul Barry | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 740 | |
REASONS FOR SENTENCE
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Subject: Attempt to pervert the course of justice
Catchwords:
Legislation Cited:
Cases Cited:
Sentence: Aggregate sentence of 2 months imprisonment wholly suspended for 6 months.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr J. Ayres | |
| For the Accused | Mr R. Martini |
HIS HONOUR:
1 Paul Barry Schepis, you have pleaded guilty to two charges of attempting to pervert the course of justice.
2 The prosecutor, Mr Ayres, opened the circumstances of the offending by reading from a written ‘Summary of Prosecution Opening’ which was tendered.
3 In short, on 27 August 2012 and again on 3 September 2012 you presented false medical certificates to two separate prosecutors at the Ringwood Magistrates Court to persuade them to withdraw charges for speeding and failing to obey a traffic light signal respectively. On the second occasion you also presented a supporting letter from your mother. You had been issued Traffic Infringement Notices concerning each incident and you indicated an intention to dispute that you were the driver which then brought the matters into the jurisdiction of the court.
4 Mr Martini, who appeared for you, principally relied on a number of matters that had been outlined in a written document provided to the court and dated 4 June 2013.
5 In addition a psychological report from Mr Jeffrey Cummins was tendered.
6 I accept your counsel’s submissions concerning the matters relied upon in mitigation.
7 In particular, the fact that the crimes you sought to avoid were minor, the relative ease with which the second prosecutor was able to establish the falsity of the medical certificate, although of course you were successful in deceiving the first prosecutor, next, no third parties were adversely affected and the cost and delay consequences were restrained, next, you made full admissions when questioned in interview, next, you pleaded guilty at committal mention, next, your prior criminal history is of limited significance, next, you were depressed and suffering an adjustment disorder with mixed anxiety and depression at the time of the offending.
8 The principles in Verdins case are activated and I accept your counsel’s submission that moral culpability is somewhat reduced and that your condition would make you vulnerable to decline in prison.
9 Your history was detailed in Mr Cummins report. You still live with your parents albeit in separate accommodation. Your parents wrote a letter noting difficult aspects of your upbringing and early adulthood. You are currently 50 years old. I accept that your employment at the time you received the traffic infringements was difficult and unsettling for you; in summary you were harassed and bullied at work and in consequence developed a stress related condition.
10 I accept that you are ashamed of and remorseful for your offending. You have no subsequent matters.
11 Your counsel submitted that I should consider releasing you on a CCO, that is, a Community Corrections Order, albeit he foreshadowed that there might be some difficulties in you accepting any recommendation that you take medication for your condition. He accepted that a sentence of imprisonment was within range but submitted that I should wholly suspend any such sentence if imposed.
12 The prosecution submitted that a sentence of imprisonment was appropriate but declined to make submissions concerning the manner in which it was to be served.
13 Of course your crimes are directed towards the operation of the criminal justice system. I expressed some concerns about whether imprisonment was required and whether the fine line between the appropriateness of a Community Corrections Order and the need for imprisonment had been crossed. In the end, it is the repetition of the offending that carries the balance in my view.
14 I intend to impose an aggregate sentence.
15 You will be convicted on each charge and sentenced to an aggregate term of 2 months imprisonment. This term is to be suspended for a period of 6 months. If you commit another offence punishable by imprisonment during the next 6 months you are highly likely to have to serve the term I imposed in prison.
16 Had you not pleaded guilty I expect I would have sentenced you to about 3 months imprisonment. Whether I would have suspended the sentence in whole or in part is speculative.
17 Very well, anything that I have got wrong that anyone can identify?
18 COUNSEL: No, Your Honour. As Your Honour pleases.
19 HIS HONOUR: Thank you both for your help.
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