Director of Public Prosecutions v Treloar

[2022] VCC 2049

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 22-01094

DIRECTOR OF PUBLIC PROSECUTIONS

v

COLLEEN TRELOAR

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	26 September 2022, 27 September 2022, 25 October 2022, 21 November 2022
DATE OF SENTENCE:	23 November 2022
CASE MAY BE CITED AS:	DPP v Treloar
MEDIUM NEUTRAL CITATION:	[2022] VCC 2049

REASONS FOR SENTENCE

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Subject:  CRIMINAL LAW SENTENCE

Catchwords:  Sentencing – attempting to pervert the course of justice

Legislation Cited:                  -

Cases Cited:  -

Sentence:18 months imprisonment. Non-parole period 12 months Forfeiture order

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Moore	Office of Public Prosecutions Ms E. Phillips
The Accused was not represented

HIS HONOUR:

1Colleen Treloar, you have pleaded guilty to one charge of attempting to pervert the course of justice.  This is a serious criminal offence with a maximum penalty of 25 years' imprisonment.

2The facts of your offending are set out in the prosecution plea summary, Exhibit A.  I incorporate that document into these reasons for sentence.  Very briefly stated, in December 2017 you were charged with theft of money from your employer, a local bottle shop.

3As part of your attempt to avoid conviction for your conduct you modified a number of text messages with a view to implicating another employee in the offending and thus extract yourself.

4You provided the false documents to your solicitor, who in turn used them in negotiations with the police.  Ultimately you pleaded not guilty to the charge of theft in the Horsham Magistrates' Court in March 2019.  The false text messages were presented to the court, you gave evidence at the hearing and falsely attested to the accuracy of the fake texts.

5The magistrate convicted you of the theft charge and sentenced you to imprisonment.  Thereafter police investigated the so-called evidence you had presented.  On 2 May 2019 police pursuant to a search warrant obtained your computer and found out how you had copied SMS messages to your computer and altering them before you sent them to your solicitor.

6Up until relatively recently you were pleading not guilty to the charge of attempting to pervert the course of justice.  The matter was listed for trial before me at the Horsham Magistrates' Court in March this year.  On the eve of the first day of your trial you falsely claimed to have contracted COVID-19.  After the court had you tested and cleared the next day you claimed to have chicken pox.

7Your treating doctor gave evidence that he had taken a blood test to ascertain if you did have chicken pox and told the court it would take up to a week to obtain the results.

8I had no option but to adjourn your trial to the next sittings at Horsham.  When the trial was called on in September this year you were unrepresented.  You wanted an adjournment to get represented.  I adjourned your case until later in the circuit, indicating that the trial would start whether you were represented or not.

9Ultimately you pleaded guilty to the charge on 27 September this year.  There was a chance that you may be able to get representation for your plea, so I adjourned your plea until 26 October.  You were not represented on that day.

10You claimed to be able to sell your car to get representation for your plea so, your matter was adjourned to, 21 November this year.  Your bail was continued.  Yet prior to yesterday you requested yet another adjournment by email to the court.

11You did not appear at court on 21 November 2022,  when the matter was listed to answer your bail.  You have a prior criminal history.  On 30 May 2012 you received a without conviction bond for two years on a charge of theft.  You told me today that this relates to theft of money that you committed.

12Your offending for which I am to sentence you represents a serious example of the offence of attempting to pervert the course of justice.  You carefully planned to escape personal responsibility for criminal conduct.  You did so in an ongoing and protracted way.

13You callously sought to falsely implicate an innocent man and did so by changing and amending and fabricating evidence.  You lied on oath in relation to that evidence.  I want to make it clear I am not punishing you for the theft of your employee's funds.  You have already been punished for that.

14Nor am I punishing you because you appear to have committed perjury or told lies in the Magistrates' Court.  You are not charged with that offence.  Your lies in the Magistrates' Court were part of your attempt to pervert the course of justice with the false text messages.

15Nor, thirdly, am I sentencing you for your protracted attempts to avoid facing this court and the obfuscation you used in that attempt.  That conduct is relevant only to your lack of remorse and your prospects for rehabilitation.

16There are some mitigatory factors that I take into account in sentencing you.  Firstly, your plea of guilty.  Although it was entered at a late stage, you are entitled to a reduction in sentence to reflect that of guilty.  That plea has increased utilitarian value because of the effect COVID-19 has had upon our justice system.

17You have facilitated the course of justice, demonstrated responsibility for your crime.  You have saved the community the cost of a trial and the witnesses the need to give evidence at that trial.

18Secondly, I take into account the effect COVID-19 will have upon your time in custody.  Lockdowns, lack of visits, loss of courses and programs make time in custody more onerous for those impacted and imprisoned.  Unfortunately, these problems are likely to persist into the future.

19Thirdly, I accept that you may have difficulties in your time in custody because of the fact that you were for a period of time a police officer.  You suffer from a number of medical conditions, or at least you claim to.  I have not seen any firm evidence in that regard.  However, I direct that you be subject to close medical attention when you are in custody.

20Insofar as your personal history is concerned, I know little about you.  You are now 58 years of age, being born on 22 March 1964.  You were born in Horsham and grew up in the Balmoral area.  You were educated to Year 12 level and then joined the police force where you were employed for some nearly 10 years.

21You left employment after you suffered a serious injury in a motor vehicle accident.  You now live in Horsham with your husband, who is retired.  You care for your 80-year-old mother after your father died last year.

22Your mother has a number of health issues which were set out in Exhibit 1, the document presented to this court.  She does not drive.  You, yourself, have a number of medical issues to which I have referred, including high blood pressure and depression.

23You are medicated for both those conditions.  Your big problem appears to be your knee from which you have had a number of operations and you suffer pain.  Your medical future is unclear.

24General deterrence, denunciation of your conduct and just punishment represent the principal sentencing factors in your case.  Those involved in the legal system need to understand that attempts to undermine that process, that legal process, will lead to imprisonment.

25You also need to be deterred from further offending in the future.  A term of imprisonment in my view is the only sentencing option available in your case.  I note that the Director has conceded or submitted that a combination sentence of a term of imprisonment and a community corrections order would fall within range.

26I do not accept that submission.  The objective seriousness of your offending and your high moral culpability in my view dictate that a term of imprisonment must be imposed.  Your prospects of rehabilitation are guarded.  You have demonstrated dishonesty and recent attempts to mislead this court raising concerns as to your future prospects.

27On the one charge of attempting to pervert the course of justice you are convicted.  You are sentenced to be imprisoned for 18 months.  I order that you serve 12 months of that sentence before being eligible for parole.

28Pursuant to s6AAA of the Sentencing Act I indicate that but for your plea of guilty I would have imposed a term of imprisonment of three years with a non-parole period of two.

29I make the forfeiture orders sought by the prosecution.  Are there any other matters required, Mr Moore?  There is a summary offence, is there,
Mr Moore?  Mr Moore, you have got to turn yourself on.

30MR MOORE:  I think it is at your end, Your Honour.

31HIS HONOUR:  I have got you now.  Is there a related summary offence I am told?

32MR MOORE:  Can you hear me now?

33HIS HONOUR:  Yes, I can.  Was Ms Treloar dealt with in relation to the related summary offence?

34MR MOORE:  Yes, Your Honour.

35HIS HONOUR:  I will have it withdrawn.  It does not relate to what I have just done.

36MR MOORE:  Yes, Your Honour.

37HIS HONOUR:  Anything else?

38MR MOORE:  There was just whether she should be entitled to one day pre-sentence detention for the time in custody today, Your Honour.

39HIS HONOUR:  She has had no days.  Her time starts now.  This is day one.

40MR MOORE:  I think that is right.

41HIS HONOUR:  Thank you.  Would you remove Ms Treloar?  Thank you, Officers, for making yourself available at short notice.  Thank you.  Terminate the link.

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