Director of Public Prosecutions v Whittingham (Ruling No 3)

[2019] VCC 259

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-16-01438
CR-16-01524
CR-17-01172
Indictment No. F10472832.1B
G10711001.1
F10472832.2AA

DIRECTOR OF PUBLIC PROSECUTIONS	Plaintiff
v
MARK WHITTINGHAM	Defendant

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JUDGE:	HIS HONOUR JUDGE TRAPNELL
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF RULING:	15 February 2019
CASE MAY BE CITED AS:	DPP v Whittingham (Ruling No 3)
MEDIUM NEUTRAL CITATION:	[2019] VCC 259

REASONS FOR RULING
ON DEFERRAL OF SENTENCE
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Subject:  CRIMINAL LAW
Catchwords:            Application for deferral of sentence
Legislation Cited:     Sentencing Act1991 s 83A
Cases Cited:            
Ruling:  Application struck out

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr M Gibson SC with Mr M Cookson	Solicitor for the Director of Public Prosecutions
For the Accused	Mr Whittingham in person

HIS HONOUR:

1 On 6 December 2108 the applicant filed a document seeking deferral of sentence pursuant to s 83A of the Sentencing Act 1991 in relation to case numbers CR-16-01438, CR-16-01524 and CR-17-01172. The deferral of sentencing applications were accompanied by applications for bail in respect of those proceedings.

2       The background to this matter is that I am currently reserved in relation to sentence on these matters and but for a number of collateral and ancillary proceedings brought by the applicant over a period of some months, I would have sentenced him some time ago.

3       By letter dated 11 February 2019 the applicant advised the Registrar of this Court that he wished to withdraw the deferral of sentencing applications and the bail applications in respect of these proceedings as enumerated.  Apparently he also intends to withdraw a separate bail application in case number CR‑18‑01161. 

4       The applications having been withdrawn, the orders of the Court are the deferral of sentencing applications are struck out as withdrawn and on the bail applications no order is made.

5       I propose to pass sentence on the applicant in relation to the remaining charges in case numbers CR-16-01438, CR-16-01524 and CR-17-01172 at 9.30am on 1 March 2019. Those matters will be adjourned to that date and the applicant/accused is remanded in custody until that date and time.

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