Director of Public Prosecutions v Wise

[2016] VCC 279

Pages 1 - 2   IN THE COUNTY COURT OF VICTORIA

Revised (Not) Restricted Suitable for Publication

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 14-00187

DIRECTOR OF PUBLIC PROSECUTIONS

v

MARK WISE

---

JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:
DATE OF SENTENCE:	15 March 2016
CASE MAY BE CITED AS:	DPP v Wise
MEDIUM NEUTRAL CITATION:	[2016] VCC 279

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr G. Hughan
For the Offender	Ms C. Biesmann

HIS HONOUR:

1What I am going to do, the breach I have found proven.  I convict and discharge on the breach.  In this situation, Mr Wise, you are 40 years of age.  You were put on a community corrections order by Judge Chettle.  You have virtually done none of it.  You have absconded, you were released on bail by me to give you another chance and you did not take it.  It is clear that the only option open is now one of active custodial.

2Of some interest is that you are now to be sentenced for dishonesty, and although you have an extensive criminal history it is mainly involving street offences and violence.  Indeed, I was somewhat stunned to realise this morning that this is your first dishonesty offending for something in the order of 20 years. 

3However, you have now done 240 days in custody, and have 193 days of Renzella time.  Prospects of your rehabilitation are entirely up to yourself.  I do not think there is anything people can do to help you anymore, it is really your decision. 

4The co-accused in this matter received a sentence of around about three years, but he in fact had an armed robbery charge in there, which made a significant difference.

5Taking it all into account I think all I can really do in this scenario where you have actually made no effort at all, to be brutally frank, is to give you an aggregate sentence of 12 months, and I direct that 240 days be reckoned as having been served under that sentence. 

6MR HUGHAN:  If Your Honour pleases.

7HIS HONOUR:  There's nothing you want to say about that, Ms Biesmann?

8MS BIESMANN:  No, Your Honour.

9HIS HONOUR:  No, all right.  Four months to go.

‑ ‑ ‑