17 September 2019

DPP appeals sentence

The Director of Public Prosecutions, Kerri Judd QC, has lodged an appeal against the sentence imposed on James Haberfield for assaulting two paramedics.

Haberfield was sentenced in the Melbourne Magistrates’ Court to an 18-month Community Corrections Order with a Mandatory Treatment and Monitoring Order.

He had pleaded guilty to one charge of recklessly causing injury (an emergency worker), and one charge of assaulting an emergency worker.

The Director has appealed the sentence to the County Court on the following grounds:

  • In respect of the Recklessly Cause Injury charge, in light of the finding made by the Magistrate that the impaired mental functioning was caused solely by self-induced intoxication, it was not open to the Magistrate to impose any sentence other than a custodial sentence as required by s.5(2G) of the Sentencing Act 1991.
     
  • In respect of the Assault Emergency Worker charge, given that this offence is not classified as a Category 1 Offence under the Sentencing Act 1991, it was not open to the Magistrate to impose a Mandatory Monitoring and Treatment Order pursuant to s.44A of the Sentencing Act 1991.

For further information contact:

Anthony Loncaric 

03 9603 2603