Director of Public Prosecutions v West

[2014] VCC 1707

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 13-01340

DIRECTOR OF PUBLIC PROSECUTIONS

v

NIKKI WEST

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:
DATE OF SENTENCE:	14 October 2014
CASE MAY BE CITED AS:	DPP v West
MEDIUM NEUTRAL CITATION:	[2014] VCC 1707

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr D. O'Doherty
The Accused was not represented

HIS HONOUR: 

1Nikki West, you have pleaded guilty to one charge of pervert the course of justice which carries a maximum penalty of 25 years' imprisonment.

2The circumstances of the act are described in the Crown opening and involved your daughter to give a different version of events to police in respect of a rape than she had already given.  That took place in the context of a pre-text phone call and, whilst not having heard that tape, I have certainly read it and have read the Crown summary of it.

3The circumstances are that you are now in your late 40s.  You have three children.  You have an extensive psychiatric history.  You have been in Flynn Ward, which is of course well known to me, on a number of occasions and various times when we have tried to get this matter resolved, you were simply too unwell to come to court.

4It is a crime which often carries a significant gaol sentence and it is unusual where it would not carry one, but in your particular situation, what I am going to simply do is sentence to be in prison for a period of three months, direct that that be wholly suspended for a period of six months.  It is wholly suspended.

5Now what that means is that it is wholly suspended.  Nothing happens unless you do something wrong in the next six months.  Get through the six months without doing anything wrong and it is all over.

6Now I will just make it clear for the purposes of that has all been explained to you by Ms Barrett who has appeared as a McKenzie's friend and who has explained to Ms West what has just occurred.

7All right.  That is it.  Just stay out of strife.

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