Director of Public Prosecutions v Sheargold

[2018] VCC 427

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-00555

DIRECTOR OF PUBLIC PROSECUTIONS

v

CRAIG SHEARGOLD

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JUDGE:	HER HONOUR JUDGE CANNON
WHERE HELD:	Melbourne
DATE OF HEARING:	10 April 2018
DATE OF SENTENCE:	10 April 2018
CASE MAY BE CITED AS:	DPP v Sheargold
MEDIUM NEUTRAL CITATION:	[2018] VCC 427

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:  Contravention CCO – Contravention by way of non-compliance and further offending - Contravention proven

Sentence:Convicted of offence of contravention CCO – Re-sentenced on original charges of Armed robbery, Theft and Committing an indictable offence whilst on bail to an aggregate term of 12 months’ imprisonment with a non-parole period of 6 months’ imprisonment - One month’s imprisonment imposed in relation to the contravention charge to be served concurrently with the aggregate term of 12 months’ imprisonment 

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr S. Davidson	Solicitor for Public Prosecutions
The Accused was not represented	Mr C. Sheargold	Self-represented

HER HONOUR:

1In relation to this matter I find the contraventions alleged by the prosecution proven.  Those contraventions are by way of non-compliance with the community corrections order which I have previously imposed in combination with a gaol term, being non-compliance with a community corrections order of three years duration in combination with 14 months’ imprisonment, but also the community corrections order previously imposed, has been breached by re-offending by Mr Sheargold.

2Having said that there was some compliance with the community corrections order that I imposed and I have taken that into account. 

3In the circumstances, I am of the view that the community corrections order that I previously imposed should be cancelled and that Mr Sheargold should be dealt with for breach of the community corrections order -  the offence of breaching the community corrections order.

4In relation to that offence I am - if you could stand up please, Mr Sheargold.

5At this stage you are convicted of breaching the community corrections order and sentenced to one month imprisonment in relation to the offence of breaching the community corrections order. 

6I cancel the community corrections order which I previously imposed, and as I have indicated, I intend to resentence you in relation to the original offences for which I sentenced you on 14 September 2017 - those offences being one charge of armed robbery, one charge of theft and one charge of committing an indictable offence while on bail.

7I resentence you however, and I make this clear, I resentence you in relation to the original offences noting that you have served 14 months imprisonment in relation to those offences.  I also have factored in the extent to which you have complied with the community corrections order which I previously imposed.

8So I am dealing with the aspect of the community corrections order which you have breached and I have factored in, that in relation to the offending, you have already served 14 months’ imprisonment and I have also taken into account that you have been undergoing a sentence, which you have almost completed, of two months' imprisonment in relation to breaching offences, which offences were dealt with on 20 February 2018 at the Melbourne Magistrates' Court and you were sentenced to two months' imprisonment.

9I have taken into account all of the matters which were put in relation to the original offences for which I have previously imposed sentence, that is, all of the matters in mitigation and all relevant matters that I took into account at the original hearing.  I have also factored in the nature of the breaching offences and the weight that I must give to all relevant sentencing principles. 

10I make it clear that, in taking all of those matters into account, I have again taken into account the issues which were raised and which I accepted which arise because of your mental health issues.

11I indicate that it is highly desirable that you continue to engage with Forensicare whilst you are in gaol and also that you work with people from the Brosnan Centre or anyone who might be able to help you to continue on in life in a productive way when you are released from gaol.

12In relation to the original matters for which I now sentence you, you are convicted of those matters, which was previously the case in any event, and I intend to impose an aggregate term of 12 months' imprisonment. 

13The one month that I imposed in relation to the breaching offence will be served concurrently with the 12 months that I have imposed for the original offences and I impose a non-parole period of six months, which will be served cumulatively upon the sentence that you are currently undergoing.

14As I say, this sentence is dealing with the aspect of the community corrections order which has been breached, and I have factored in that you have served 14 months' imprisonment in relation to the combination sentence that I have previously imposed, but that is not declared by way of pre-sentence detention.

15The sentence of 12 months, with six months non-parole period, is far lower than it would ordinarily be for the offending, because I have noted the 14 months you have already served. 

16Just take a seat for a moment please.  Is there anything arising from that?

17MR DAVIDSON:  No, Your Honour.

18HER HONOUR:  All right, yes, thank you.  Thank you, if you could please remove Mr Sheargold.  Yes, thank you, we will now adjourn.

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