Director of Public Prosecutions v Slade

[2021] VCC 664

IN THE COUNTY COURT OF VICTORIA

Revised

(Not) Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR-20-00178

DIRECTOR OF PUBLIC PROSECUTIONS

v

EZRA SLADE

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Melbourne
DATE OF HEARING:	21 May 2021
DATE OF SENTENCE:	21 May 2021
CASE MAY BE CITED AS:	DPP v Slade
MEDIUM NEUTRAL CITATION:	[2021] VCC 664

REASONS FOR SENTENCE

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Subject:

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Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty	Office of Public Prosecutions
For the Offender	Ms E. Anselma	Kim McFarlane Criminal Lawyers

HIS HONOUR: 

1I had you assessed for a Community Corrections Order and you were found to be suitable, and if you agree you will be placed on a Community Corrections Order for period of two years.  It will be with conviction.  The conditions will be treatment and rehabilitation for alcohol, treatment and rehabilitation programs to reduce reoffending, and supervision. 

2It is clear when you spoke to the people at Corrections that you were very open about all this.  They took the view that you presented with some insight and remorse and they took also the view that it was on the context of a relationship breakdown, which does not mitigate it obviously, and alcoholism, and you took accountability for your behaviour and accepted the extent of what you had done.  You, when speaking to him, acknowledged the fear and the ongoing psychological difficulties and physical difficulties that you have caused, and have an understanding of that. 

3They then go into your long history of alcoholism and you are now in a situation where, as they point out, you have not had a drink for two years, and your gaol sentence, together with the time that you have been on bail, I do not want to put that in jeopardy.  It might seem to be a merciful result in the end, but from the point of view of yourself, the point of view of the victim, who knows now at least you did 499 days in gaol and the community, that is the best outcome.

4They have assessed you as a high risk of general reoffending, and I think if you drink that is dead right.  The CCO, as I say, will be for two years, if you agree, and we will incorporate those conditions to make it very clear to you that that CCO is on the basis of having you supervised, and if you are brought back before me for breaching that for any sort of offending regarding alcohol I will gaol you again.  (Indistinct words).

5MR ANSELMA:  Your Honour, there's 499 days.

6HIS HONOUR:  Yes.

7MR ANSELMA:  I don't know what you're going to do with that.  Are you going to ‑ ‑ ‑

8HIS HONOUR:  We are going to treat it all, if that's okay.

9MR ANSELMA:  You declare it.

10HIS HONOUR:  Yes, served.

11MR ANSELMA:  Served, yes.

12HIS HONOUR:  Yes, I can do that.

13MR ANSELMA:  Are you going to sentence him to 499 and declare it served?

14HIS HONOUR:  Yes.

15MR ANSELMA:  Yes, okay.

16HIS HONOUR:  Yes.  No, I understand what you're saying.  I thought that through.  Yes, that's okay.  Well just if that's okay.  Yes, no problem with that.

17MR ANSELMA: It is, as I said, under s.6B of the Sentencing Act, 6B.

18HIS HONOUR:  Yes, the serious violent offender, yes.

19MR ANSELMA:  Yes.

20HIS HONOUR:  Yes, thanks for that.  That will go on the court records.  Thanks for that. 

21MR ANSELMA:  Yes.

22HIS HONOUR:  Firstly, do you agree to that Community Corrections Order?

23OFFENDER:  Yes, Your Honour.

24HIS HONOUR:  All right.  It was not how I intended doing it, but on the charge of reckless cause serious injury 499 days.  On the charge of threat to kill 60 days concurrent, and I am so ordering concurrency, bearing in mind the Act.

25MR ANSELMA:  Yes.

26HIS HONOUR: I am aware of that. It is just going to be (indistinct) to try and do it any other way, so it's 499 days. A CCO which has been acknowledged and accepted verbally, for two years with conditions I have outlined. I direct that 499 days be written as having been served under this sentence, and pursuant to s.6AAA of the Sentencing Act I say that but for your plea of guilty you are sentenced to a period of imprisonment of three years with a minimum term of two. No other orders I need to make?

27All right, you understand what'll happen if you breach that order by alcoholic offending?

28OFFENDER:  Yes, Your Honour.

29HIS HONOUR:  Okay.  Now, this gets transcribed, and if you're brought back before me for following somebody or anything like that I'll read this back to you, okay?

30OFFENDER:  Yes, Your Honour.

31HIS HONOUR:  And you'll be going in again, all right?  All right.

32OFFENDER:  Yes, Your Honour.

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