Director of Public Prosecutions v Smith

Case

[2021] VCC 1888

23 November 2021


IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT LATROBE VALLEY

CRIMINAL JURISDICTION

CR 21-02194

DIRECTOR OF PUBLIC PROSECUTIONS

v

EVIE SMITH

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JUDGE:

HIS HONOUR JUDGE McINERNEY

WHERE HELD:

Latrobe Valley

DATE OF HEARING:

23 November 2021

DATE OF SENTENCE:

23 November 2021

CASE MAY BE CITED AS:

DPP v Smith

MEDIUM NEUTRAL CITATION:

[2021] VCC 1888

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW

Catchwords:  Sentence – Plea of guilty – Attempt to pervert the course of justice 

Sentence:  Convicted and discharged

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APPEARANCES:

Counsel

Solicitors

For the Director of Public Prosecutions

Mr A. Moore

Office of Public Prosecutions

For the Accused

Mr V. Peters

Warren Graham & Murphy

HIS HONOUR: 

  1. Evie Smith, as the prosecution has just put, circumstances in regard to your crime in this matter are quite exceptional and we understand that.  It seems to me that a full understanding of that crime is such that there is no other sentence from a humane point of view that should be imposed in regard to you, but for a sentence where I convict you of the charge and discharge you. Hence there will be no further consequence of that conviction.  You explained that matter Mr Peters? 

  2. MR PETERS:  Yes, Your Honour.

  3. HIS HONOUR:  Thank you.  And can I thank the prosecution for what clearly is a very professional submission. 

  4. MR MOORE:  Thank Your Honour.

  5. HIS HONOUR:  That is one sentence the reasons for which I will not have to worry too much about. 

  6. MR MOORE:  No. 

  7. HIS HONOUR:  Yes, good luck Mrs Smith.  I hope things work out for you. 

  8. MS SMITH:  Yep, thank you. 

  9. HIS HONOUR:  Thank you.  We can excuse you Mr Peters and your client?

  10. MR PETERS:  Thank you, Your Honour.

    ‑ ‑ ‑

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