Director of Public Prosecutions v Wilson
[2018] VCC 2009
•27 November 2018
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT BENDIGO
CRIMINAL DIVISION
Case No. 18-01116
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JUSTIN WILSON |
---
JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 27 November 2018 | |
DATE OF SENTENCE: | 27 November 2018 | |
CASE MAY BE CITED AS: | DPP v Wilson | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 2009 | |
REASONS FOR SENTENCE
---
Catchwords: Criminal law – sentencing – aggravated burglary and related summary charges – sentence of imprisonment imposed.
---
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr D. Maguire | John Cain Solicitor, Public Prosecutions |
| For the Accused | Ms E. Millar | Victoria Legal Aid |
HER HONOUR:
1 Justin Wilson, you have pleaded guilty on indictment to two charges, one of aggravated burglary and one of damage property, and a related summary charge of assaulting an emergency worker, namely a police officer, whilst he was on duty and commit indictable offence whilst on bail.
2 The charges are serious and that is reflected in the maximum penalty prescribed by parliament. For aggravated burglary that is 25 years' imprisonment, criminal damage is 10 years' imprisonment, assault emergency worker on duty, 60 penalty units or six months' imprisonment, and commit indictable offence on bail, 30 penalty units or three months' imprisonment.
3 In addition you admitted your prior criminal record. As discussed with your representative Ms Millar, you do have a significant past criminal history and in particular, there are some past convictions that have been recorded that are of relevance.
4 Your history spans a period from 29 March 1995 to 3 March 2017 and there are some 12 court appearances with multiple convictions recorded for offences of violence against the person as well as dishonesty offences and other offences.
5 I do note that there was a gap in your criminal history between the years 2008 and 2017. So that suggests to me that when you are useful employed and not abusing alcohol or other drugs, that you are capable of being a law abiding person.
6 You are now 43, you turned 43 yesterday. You are currently being held at the Metropolitan Remand Centre and have been on remand for 372 days which is to be declared as pre-sentence detention.
7 You will be convicted and sentenced in respect to each of the charges and one sentence, an aggregate sentence will be imposed of 372 days which represents time served.
8 The impact of your offending ought not be underestimated. Today you have heard your former friend Ryan Ramiro read his statement that was declared on 27 November 2018. It obviously had a very big impact upon him. Not only did he no longer feel safe and secure in his own home but it effectively impacted on his day to day life as well. He stopped going out, he lost trust in you as his friend and he also had to cope with not being able to see his two daughters for some two months. Which is a big thing to have to cope with, particularly when your children are just at such a young age and it is important for them to have a relationship with their father.
9 The impact of your offending cannot be understated, it has been profound for Mr Ramiro and I have taken that into account.
10 But in your favour I have taken into account that you have entered a plea of guilty to the charges. It was at a late stage but nonetheless there is real utility in the plea. You did spared Mr Ramiro the trauma of having to go through giving evidence again and being cross-examined so I have taken that into account in your favour. You have facilitated justice so your sentence is discounted accordingly.
11 You are a person who obviously has a very troubled history and background and that to a large extent is reflective in the past criminal history.
12 You have a history of substance abuse beginning at a very young age, a tender age of 12 or 13, abusing alcohol, moving into cannabis and then an ice addiction for more than two decades.
13 In custody on this occasion you have been fortunate insofar as you have been able to have some one on one counselling with a psychologist who has been seeing you in prison, and that has assisted you.
14 You now understand your behaviour and the issues that cause your behaviours, so that augurs well for your rehabilitation in the future. I am satisfied that you do have reasonable rehabilitation prospects but that is dependent upon you maintaining your abstinence, maintaining your expressed desire to want to be linked into services in the community. I do hope that you follow up with your counsellor to make sure that that happens. Because otherwise you will just expose yourself to the further risk of being involved with the criminal justice system if you go downhill like you have in the past, drinking, using drugs, offending, and you will end up back in gaol. And at the age of 43 you have now realised that is not the place that you want to be. It is important that you do follow up on the suggested linkages so that you make the most of your return to the community.
15 In sentencing you I do have to on behalf of the community formally denounce your behaviour. It is important to emphasise general deterrence in cases such as this involving aggravated burglary and associated damage and the assault of the emergency worker. And also ultimately the protection of the community is a very important factor in any sentence.
16 The formal court orders are that you are convicted and sentenced in respect to each charge and a term of imprisonment of 372 days is imposed. That is an aggregate sentence and I declare 372 days has already been served.
17 I need to make a 6AAA declaration. But for your plea of guilty I would have imposed a term of imprisonment of two years to serve 15 months.
18 Insofar as the taking of the forensic sample, is that consented to?
19 MS MILLAR: Yes Your Honour.
20 HER HONOUR: I make the order pursuant to s.464ZF for the taking of a forensic sample. Having regard to the circumstances of the offences I consider they are serious and warrant making the order. I also have regard to the prior convictions of Mr Wilson and I note the order is by consent. Finally I consider the granting of the order is in the public interest.
21 Mr Wilson what remains for me to tell you is that that order means that you will be requested by a police officer to provide them with a forensic sample. That involves them giving you a cotton bud to place inside your mouth and a scraping from the side of your mouth is obtained. That then forms the basis of the forensic sample that is then placed on the database.
- - -
HER HONOUR: Will that be done today?
MS MILLAR: No Your Honour, I understand he needs to wait 28 days and then go to the Bendigo Police Station after that.
HER HONOUR: All right well I've signed both the custodial and non-custodial orders so that covers that eventuality. I will just give you back that order so that can be provided to the prosecution, and I think that completes the matter then.
MR MAGUIRE: Yes, Your Honour.
HER HONOUR: There's nothing else?
MS MILLAR: No, thank you Your Honour.
HER HONOUR: Thank you.
MR MAGUIRE: Thank you Your Honour.
- - -
0
1
0