Director of Public Prosecutions v Vasiliou

[2014] VCC 214

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 13-00514

DIRECTOR OF PUBLIC PROSECUTIONS

v

ANDREW VASILIOU

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JUDGE:	HER HONOUR JUDGE HAMPEL
WHERE HELD:	Melbourne
DATE OF HEARING:	Trial: 3, 4, 5, 6, 7, 11, 12 February 2014
DATE OF SENTENCE:	12 February 2014
CASE MAY BE CITED AS:	DPP v Vasiliou
MEDIUM NEUTRAL CITATION:	[2014] VCC 214

REASONS FOR SENTENCE
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Subject:

Catchwords:      Sentence – Theft – Reckless conduct endangering a person – Self-represented – Fine – Significant moderation of penalty – Financial circumstances

Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms S. Coombes	OPP
For the Offender	In Person

HER HONOUR: 

1Following a jury verdict, you have been convicted of one charge of theft of a container of soap to the value of $5 and one charge of reckless conduct endangering a person by driving at, or reversing at, the loss prevention officer and the store manager who tried to apprehend you.

2So far as the charge of theft by shop stealing is concerned, you are convicted and fined an amount of $100.

3So far as the charge of reckless conduct endangering a person is concerned, you are convicted and fined an amount of $400. 

4That is a total fine of $500.

5My reasons for fining you are because of the matters contained in the psychiatric reports and because of the view I take as to the objective criminality or wrongness of the offences.  I do not consider any sentence greater than that is appropriate and the fine has been moderated significantly to take into account what you have told me about your financial circumstances.

6The verdicts must be reflected by convictions and by penalty because of the nature of the findings of the jury.  In particular, there is a clear need to punish and deter a person who tries to escape a proper attempt by a security person to apprehend them and to drive at them in the manner in which you did.

7There is an automatic stay, in respect of those fines, of one month.  You can apply to the Registry of this court for an extension of the time to pay, or you can apply to the Registry of this court for conversion of those fines to unpaid community work. 

8Let me warn you, or advise you, that the Registry is assiduous in following up unpaid fines, so it would be in your interest if you are unable to pay those fines, within the time of that automatic stay of one month, for you to approach the Registry before the expiry of that time to negotiate an instalment program, an extension of time to pay, or a conversion to unpaid community work.  Do you understand that?

9OFFENDER:  Yes, I do.

10HER HONOUR:  All right, thank you.  That is all I need to do?  There are no further orders, are there?

11MS COOMBES:  No Your Honour.

12HER HONOUR:  All right, thank you. 

13That is the end of the hearing, Mr Vasiliou, and once I have left the Bench you are free to go.

14OFFENDER:  Thank you very much, Madam.

15MS COOMBES:  As Your Honour pleases.

16HER HONOUR:  Adjourn.

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