Director of Public Prosecutions v Sheridan

[2012] VCC 1265

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

AT MELBOURNE

CRIMINAL DIVISION

CR 07 00020

DIRECTOR OF PUBLIC PROSECUTIONS

v

DAVID SHERIDAN

---

JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	22 August 2012
DATE OF SENTENCE:	22 August 2012
CASE MAY BE CITED AS:	DPP v. Sheridan
MEDIUM NEUTRAL CITATION:	[2019] VCC 1265

REASONS FOR SENTENCE

---

Catchwords:

---

APPEARANCES:	Counsel	Solicitors
For the Crown	Mr P. Triandos	Office of Public Prosecutions
For the Accused	Mr P. Atkinson	V.L.A

HIS HONOUR:

1       On 1 June 2007, in the County Court at Melbourne David Thomas Sheridan, you  pleaded guilty to three counts of being a prohibited person in possession of an unregistered firearm.  You also pleaded guilty to two summary offences in relation to the possession of ammunition and one charge of making false report to police officers.  The maximum penalty for the offence of being a prohibited person in possession of a firearm is 15 years' imprisonment or a fine of 1800 penalty units.  In relation to the summary offence of possession of ammunition, the maximum penalty is a fine of 40 penalty units.  The maximum penalty for making false report to police was imprisonment for 12 months or a fine of 120 penalty units.

2       The learned sentencing judge heard a plea in mitigation and following a consideration of all relevant sentencing factors, His Honour, in relation to the three counts of being a prohibited person in possessing of an unregistered firearm, sentenced you to be imprisoned for 12 months on the first charge, imprisonment for 12 months on the second charge and imprisonment for six months on the third charge. 

3       His Honour ordered that those sentences be served concurrently with one another, making a total effective term of imprisonment of 12 months.  His Honour directed that the whole of the sentence be suspended for a period of three years and informed you that you must not, during the period of suspension, commit another offence punishable by imprisonment.  In relation to the summary offences before him, His Honour fined you a total of $2000.

4       On 19 October 2010, in the Magistrates' Court at Frankston, you were found guilty of the following offences which were punishable by imprisonment: -   possession of a prohibited weapon without exemption;  fraudulent use of a registration label;  breaching an alcohol interlock condition;  recklessly causing injury;  criminal damage;  theft of a motor vehicle;  and unlicensed driving.  The offences in question were committed on 16 June 2009, 14 July 2009, 19 October 2009 and 20 December 2009 and constituted a breach of the suspended sentence imposed upon you in the County Court on 1 June 2007. 

5       Furthermore, on 9 April 2010, in the Magistrates' Court at Dandenong, you were also found guilty of three counts of driving whilst your authorisation was suspended, which offences occurred on 2 March 2009, 19 March 2009 and 19 December 2009.  Those offences also constituted a breach of the suspended sentence imposed in this court on 1 June 2007.

6 Pursuant to s.31(1) of the Sentencing Act 1991, the prosecution has made application to the court that, pursuant to s.31(5) of the Act, the suspended sentence imposed on you be wholly restored.

7       In circumstances where a suspended sentence has been breached, the court is required to restore the sentence unless it is satisfied that there are exceptional circumstances that have arisen since the imposition of the sentence.  Your counsel submitted that in this case exceptional circumstances had arisen since the imposition of the sentence because of the delay in the proceedings coming before the court and, more particularly, that your personal circumstances had changed considerably since the imposition of the sentence.  He also relied on a report of a neuro-psychologist, Mr Warwick Brewer, detailing your developmental history and current psychological condition. 

8       Furthermore, Mr Atkinson submitted on your behalf that you had undertaken anger management programs and that your personal circumstances had stabilised considerably.  In particular, you are now in a relationship with Ms Karen Smith, a law clerk employed in a criminal law practice, and that you were providing her with considerable emotional support and assistance with her children. 

9       Whilst it is clear that since the imposition of the suspended sentence you have repeatedly offended, I nevertheless accept that your offending occurred in 2009 and 2010 and, with the exception of offences that you appeared in relation to before the Dandenong Magistrates' Court in November 2011, you have not otherwise offended.  Nevertheless, I am not satisfied that exceptional circumstances have been made out in your case.  Whilst your rehabilitation may have progressed to some degree, I am not satisfied that it could properly be described as exceptional.  Nor am I satisfied that the delay, either of itself or in combination, in this matter coming before the court may properly be described as exceptional.  It is, of course, highly regrettable that there has been such delay in your case but nevertheless, it is also clear that during that period of time you did, as I have already observed, offend repeatedly.

10      Therefore, the order of the court is that the sentence imposed in the County Court on 1 June 2007 be wholly restored.  That is you are directed to serve a term of imprisonment of 12 months.  And I order that you serve six months' imprisonment before becoming eligible for release on parole.

11 By operation of s.14 of the Sentencing Act 1991, I am therefore required to fix a new non-parole period in respect of the sentences that you are now undergoing. The suspended sentence will be served cumulatively on the sentences in relation to Appeals Number 2472 and 2473, which makes for a total effective term of imprisonment of 25 months. Pursuant to s.14 of the Sentencing Act, I order that you serve 12 months' imprisonment before becoming eligible for release on parole and I declare that you have served six days by way of pre-sentence detention, not including today.

12      Any further orders required?

13      MR TRIANDOS:  No, Your Honour.

14      HIS HONOUR:  What that means, Mr Sheridan, as your counsel will no doubt explain to you, is that in relation to all of the charges before the court, the total effective term of imprisonment is 25 months, there is a 12 month non-parole period and you have served six days of that already, so you will be eligible for release on parole in 12 months. Hopefully this will be an opportunity for you to advance your rehabilitation with the assistance of your partner and ensure that you do not re-offend in the future. 

15      Thank you, we will adjourn.

---