R v Gibbs
[2013] VCC 1008
•12 July 2013
| IN THE COUNTY COURT OF VICTORIA | Revised |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-13-00668
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PAUL MICHAEL GIBBS |
---
JUDGE: | HIS HONOUR JUDGE MONTGOMERY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 12 July 2013 | |
DATE OF SENTENCE: | 12 July 2013 | |
CASE MAY BE CITED AS: | R v. Gibbs | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 1008 | |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms E. Ramsay | |
| For the Accused | Mr D. McKenzie |
HIS HONOUR:
1 Paul Gibbs, you have pleaded guilty to one charge of aggravated burglary. The facts of the matter are set out in the prosecution opening (Exhibit 1). The facts are not disputed by your counsel. I will not repeat them now. It is the evidentiary basis upon which I will sentence you. Any reader of these reasons can refer to that exhibit, which will be on the file, to place the sentence in its factual context.
2 A victim impact statement was tendered which I have read and taken into account its contents.
3 I have made a 464ZF order.
4 After a consideration of the reports that were tendered, the prosecutor submitted that an appropriate sentencing range would be between, as a head sentence, 30 to 36 months with a non‑parole period of 20 to 24 months.
5 On your behalf Mr McKenzie asked me to take into account your plea of guilty, which was made at committal mention, and as such it has a significant what is called a utilitarian effect, that is we do not have to run a trial and waste everyone's time and money in relation to that, so you get a discount for that. It is also an expression of your acceptance of responsibility for what occurred, so I have taken those things into account in relation to the sentence I have imposed.
6 Mr McKenzie tendered a number of reports and references and I have taken them all into account, in particular, a report from Dr Anthony Cidoni dated 19 September 2012 which sets out your background and also a diagnosis of bipolar disorder and alcohol dependence. I think in paragraph 11 of his conclusions he sums up the issues that face you, that is that you have reasonable prospects of rehabilitation but that and the risk of reoffending are intimately tied to the extent to which your bipolar disorder and alcohol dependence can be managed, which means you have to do something about it or I suspect you will be back again and again.
7 As your criminal record shows, there was a 10 year gap between 2001 and 2010 in which Mr McKenzie tells me you decided to look after your sick wife. Unfortunately that did not, in the long run, turn out as well as you would hope because the marriage finished in 2008 but at least you had that period of time when you did not offend. Since then you have committed offending again. It is a very unimpressive criminal record.
8 You have a current partner and she is in court and I have read a reference from her.
9 There is a report in respect of your migraines in which an epilepsy expert, Lysa Boisse, says that you do not actually have an epileptic problem.
10 There is also a reference from Sue Steiner who is a drug and alcohol nurse who you started going to sessions with her but, for some reason not clear to me, on the 27 February 2013 three further appointments were made which you did not attend. Perhaps you should have kept going.
11 Michele Glassenbury, a Clinical Psychologist, has given you a plan to try and do something about your migraines and I am told you are trying to keep to that plan whilst you are in custody at the moment for other offences and I commend you to do so.
12 You sent a letter of apology to the victim and that can only be a good thing if the victim is interested in your apology.
13 There is also an offer of work to you from Brighton Case Nominees as a forklift driver when you finish your time in gaol.
14 Mr McKenzie puts to me that you are remorseful and you regret what occurred during this incident.
Sentencing Considerations
15 I have taken into account all of the submissions made, exhibits tendered, references tendered, including any not specifically mentioned in these reasons. I have taken into account s.5(1) and (2) of the Sentencing Act.
16 I have to take into account a number of things. The first one is called general deterrence. That is a legal word meaning I have to stop people trying to do this sort of thing. You might or might not know but this sort of behaviour is an absolute blight on the community, particularly if you go down the Latrobe Valley, it happens every night down there and if you do a circuit down there that is all you seem to do. You just cannot go into a next door neighbour and take it out on him just because he has complained about the noise. It is just inexcusable behaviour so my sentence has to reflect trying to stop people do it.
17 As I have just remarked to both counsel, you are lucky in that the Court of Appeal, the highest court in this State, just after you did all this, said we were too soft on people like you and they want us to be twice as hard but because you did it before then, it does not apply to you.
18 I have to express my denunciation or opinion of your behaviour and I have made it pretty clear what I think of it.
19 Also I have to consider what is called specific deterrence, that is, to get it in your mind that when you get out you do not do it again.
20 I have to assess your prospects of rehabilitation. I find that difficult ‑ can only hope that the time you spend into gaol will cause you to reflect upon your behaviour and try and do something about your lifestyle. If you actually come back into work, I suggest you stop drinking, continue on with your medication in respect of your bipolar problem and continue on with your efforts to control your migraines.
21 Weighing all those matters up and considering all of the sentencing issues that I have, I, on the charge of aggravated burglary, sentence you to a head sentence of 30 months with a non‑parole period of 20 months. I direct that the sentence be served concurrently with sentences you are currently undergoing and I do that in consideration of the principles of totality and proportionality.
There is no PSD, is there?
COUNSEL: No, Your Honour.
HIS HONOUR: Under s.6AAA of the Sentencing Act if you had not pleaded guilty I would have given you five years with two and a half years.
Are there any other matters I need to make orders about?
COUNSEL: No, Your Honour.
HIS HONOUR: Could you remove Mr Gibbs, thank you.
‑‑‑
0
0
0