Director of Public Prosecutions v Blight
[2022] VCC 2378
•13 December 2022
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-22-01386
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ZACHARY BLIGHT |
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JUDGE: | HIS HONOUR JUDGE GEORGIOU | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 26 October 2022, 11 November 2022 | |
DATE OF SENTENCE: | 13 December 2022 | |
CASE MAY BE CITED AS: | DPP v Blight | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 2378 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Pleas of guilty – trafficking in drug of dependence – dangerous driving – theft of a motor vehicle – serious driving offending – totality – general deterrence – specific deterrence – parity – guarded prospects of rehabilitation – COVID-19
Legislation Cited: ss 44, 18, 6AAA Sentencing Act 1991 (Vic); s 84(1) Road Safety Act 1986 (Vic)
Cases Cited:Worboyes v The Queen [2021] VSCA 169; R v Renzella [1997] 2 VR 88
Sentence:2 years, five months and one day imprisonment with a non-parole period of 19 months’ imprisonment
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr W. Weinman | Office of Public Prosecutions |
| For the Accused | Ms S. Buckley | Nelson Brown Legal |
HIS HONOUR:
1
Zachary Blight, you have pleaded guilty to the following charges. Charge 1, that at Melton South on 18 March 2020 you possessed a drug of dependence, namely methylamphetamine. This offence carries a maximum penalty of
12 months' imprisonment.
2 Charge 2, that at Melton on 9 June 2020 you trafficked in a drug of dependence, namely 1,4-Butanediol. This offence carries a maximum penalty of 15 years' imprisonment.
3 Charge 3, that at Melton on 13 September 2020 you stole a Ford Falcon sedan registration 1KD 9FC. This offence carries a maximum penalty of 10 years' imprisonment.
4 Charge 4, that at Hadfield on 10 January 2022 you trafficked in a drug of dependence, namely methylamphetamine. As mentioned, the offence of trafficking in a drug of dependence has a maximum penalty of 15 years' imprisonment.
5 Charge 5, that on 10 January 2022 you possessed a drug of dependence, namely 1,4-Butanediol. This offence carries a maximum penalty of 12 months' imprisonment.
6 Charge 6, that at Hadfield on 10 January 2022 you dealt with $860, being the proceeds of crime, knowing that it was the proceeds of crime, and intending to conceal it as being the proceeds of crime. This offence carries a maximum penalty of 20 years' imprisonment.
7
You also consented to the following summary charges being transferred to this Court and entered pleas of guilty in relation to each of them. Where
Constable Bideman is the informant. Summary Charge 1. On 2 December 2019 at Melton you drove a motor vehicle on a highway during a period of disqualification. The offence of driving whilst disqualified has a maximum penalty of two years' imprisonment.
8 Where Senior Constable Hutton is the informant. Summary Charge 3. On 6 December 2019 at Melton you drove a motor vehicle knowing you had been given a direction to stop the vehicle by a police officer. This offence carries a maximum penalty of six months' imprisonment for a first offence, and 12 months’ imprisonment for a subsequent offence. This was your first such offence.
9 Summary Charge 5. On 6 December 2019 at Melton you drove a motor vehicle in a manner dangerous to the public. The maximum penalty for this offence is two years' imprisonment.
10 Summary Charge 7. On 6 December 2019 at Melton you drove a motor vehicle where, owing to the presence of the motor vehicle, an accident occurred and property was damaged, and you failed to immediately stop the vehicle. The maximum penalty for this offence is 14 days' imprisonment if it is a first offence and no person is killed or injured, and one month imprisonment for a subsequent such offence.
11 Summary Charge 8. On 6 December at Melton you drove a motor vehicle where, owing to the presence of such motor vehicle, an accident occurred and property was damaged, and you failed to immediately stop such motor vehicle. This being a subsequent offence the maximum penalty is one month imprisonment.
12 Summary Charge 11. On 6 December 2019 at Melton you drove a motor vehicle on a highway during a period of disqualification.
13 Summary Charge 12. On 6 December 2019 at Melton you used a motor vehicle on a highway, such vehicle not being registered. This offence carries a maximum penalty of 50 penalty units.
14 Summary Charge 13. On 6 December 2019 at Melton you used a motor vehicle on a highway with such vehicle bearing number plates that were not issued to the vehicle. This offence carries a maximum penalty of 10 penalty units.
15 Summary Charge 15. On 31 January 2020 at Melton you did possess a controlled weapon without lawful excuse. This offence carries a maximum penalty of 12 months' imprisonment.
16 Summary Charge 16. On 31 January 2020 at Melton you drove a motor vehicle on a highway during a period of disqualification.
17
Summary Charge 18. On 31 January 2020 you drove a motor vehicle while an illicit drug was present in your system. This offence carries a maximum
penalty - in your case given you have at least two previous convictions - of
120 penalty units.
18 Where Senior Constable Bailey is the informant. Summary Charge 3. On 9 June 2020 at Melton you did deal with property, namely $2,770 in cash suspected of being the proceeds of crime. This offence has a maximum penalty of two years' imprisonment.
19 Summary Charge 5. On 9 June 2020 at Melton you committed an indictable offence, namely possession of a drug of dependence, whilst on bail. This offence has a maximum penalty of three months' imprisonment.
20 Where Senior Constable Forsyth is the informant. Summary Charge 2. On 13 September 2020 at Footscray you committed an indictable offence, namely theft of a motor vehicle, whilst on bail.
21 Summary Charge 3. On 13 September 2020 you breached a condition of your bail, namely a curfew condition, without lawful excuse This offence has a maximum penalty of three months' imprisonment.
22
Where Sergeant Caggiati is the informant. Summary Charge 1. On
15 May 2021 you drove a motor vehicle on a highway during a period of disqualification.
23 Summary Charge 2. On 15 May 2021 at Sunshine West you used an unregistered motor vehicle on a highway.
24 Where First Constable Baldasso is the informant. Summary Charge 1. On 28 August 2021 you drove a motor vehicle on a highway without being the holder of a driver's licence or permit. This offence has a maximum penalty of three months' imprisonment.
25 Summary Charge 2. On 28 August 2021 at Brunswick you used a motor vehicle on a highway, such vehicle not being registered as required.
26 Summary Charge 3. On 28 August 2021 at Brunswick, having been granted bail you did, without reasonable excuse, contravene a conduct condition, namely a curfew condition.
27 Where Constable Lazarus is the informant. Summary Charge 1. On 27 December 2021 at Bacchus Marsh you drove a motor vehicle in a manner that was dangerous to the public having regard to all of the circumstances.
28 Summary Charge 3. On 27 December 2021 at Bacchus Marsh you drove a motor vehicle on a highway during a period of disqualification.
29 Where First Constable Morcombe is the informant. Summary Charge 7. On 10 January 2022 you possessed a prohibited weapon, namely a flick knife. This offence carries a maximum penalty of two years' imprisonment.
30 Summary Charge 8. On 10 January 2022 at Hadfield you drove a motor vehicle knowing you had been given a direction to stop the vehicle by a police officer. This is your second such offence. The maximum penalty is 12 months' imprisonment.
31 Summary Charge 9. On 10 January 2022 at Hadfield you drove a motor vehicle in a manner that was dangerous to the public.
32 Summary Charge 10. On 10 January at Hadfield you drove a motor vehicle on a highway, namely Glenroy Road, during a period of disqualification.
33 Summary Charge 11. On 10 January 2022 at Hadfield you committed an indictable offence, namely trafficking in a drug of dependence whilst on bail.
34 Summary Charge 12. On 10 January 2022 at Hadfield you did, without reasonable excuse, contravene a conduct condition of bail, namely a curfew condition.
35 I turn to the circumstances of your offending. At 11.52 pm on 10 January 2022 you were riding a white Suzuki motorbike along Glenroy Road, Hadfield. The registration plate was concealed with black electrical tape. You were seen to be weaving from side to side travelling along the road. Police, who were travelling in an unmarked police car behind you, activated their lights and sirens.
36
On becoming aware of this you increased your speed and accelerated away from police. You attempted to negotiate the corner of Glenroy Road and
West Street, Hadfield, braking heavily before travelling around a traffic island onto the wrong side of the road. Whilst on the wrong side of the road your motorbike struck a car being driven by a Mr Mustafa.
37 This caused your motorbike to become lodged between the car and the kerb. You got off the motorbike and ran away from the collision. However, a short time later you were caught by police.
38 Constable Morcombe searched your backpack and found a small silver flick knife. A black box was also found in the backpack containing the following items:
(a) A Ziplock bag containing approximately 40 grams of methylamphetamine;
(b) A Ziplock bag containing approximately 28 grams of methylamphetamine;
(c) A Ziploc bag containing approximately 35 grams of methylamphetamine;
(d) Two Ziplock bags containing traces of methylamphetamine;
(e) $860 in cash, and;
(f) Various empty clear deal bags.
39
Also found in your backpack was a bottle of liquid believed to be
gamma-hydroxybutyrate, GHB. Found on your person was $1,511.
40
At the time of this incident you were subject to three separate sets of bail, one of which included a curfew condition that you be at home between
9 pm and 5 am. You were not licensed to be driving a motorcycle.
41
On 21 January 2022 the items found were analysed at the
Victoria Police Forensic Services Centre. The total weight of methylamphetamine in your possession was 72 grams. The bottle containing liquid was found to contain 1,4-Butanediol, with a net quantity of 36.7 grams. The offending relates to Charges 4, 5, and 6 on the indictment, and
summary charges of Constable Morcombe numbered eight, nine, seven, 12, 10, and 11.
42 At 12.37 am on 2 December 2019 you were seen by Constable Biderman driving a Volkswagen Golf on High Street, Melton. You were intercepted and asked to produce your driver's licence. You told the officer you did not have a licence as it was cancelled. Your licence was cancelled and you were disqualified from driving for a period of four years commencing 19 November 2019. Asked why you were driving whilst disqualified you responded, 'Driving to McDonald's, that's it'. This conduct gives rise to Summary Charge 1 on the Biderman brief.
43 On 6 December at approximately 12.20 pm Senior Constable Hutton observed a silver coloured Holden sedan parked in the service lane on
High Street, Melton, opposite the IGA Supermarket. The car bore
New South Wales registration plates which appeared to be home made. Checks revealed the car was not registered.
44 Senior Constable Hutton observed a male approach the car and get into the driver's seat. He then approached the car and knocked on the driver's side window, telling him to turn off the engine. The driver failed to comply with the request, put the car into reverse, and began to reverse out of the parking space at a fast rate of speed. Senior Constable Hutton was forced to jump out of the way of the car to avoid being hit.
45 The driver drove off in an easterly direction at a fast rate of speed. The car collided with another vehicle being driven by a Mr Tribus. It then swerved to the left to avoid colliding with another car, but in the process collided with it. The driver failed to stop the car following the collisions and drove over the nature strip and onto High Street.
46 Senior Constable Hutton obtained CCTV film from the inside of the
IGA Supermarket and from external CCTV cameras. A short time later other police members attended MacPherson's Park in Melton in relation to a suspicious vehicle fire. The car was identified as being registered to a Ms Vella. Because of its distinctive wheels police established that it was the same car involved in the earlier incidents.
47 Police spoke to Ms Vella who stated she had sold you the car several days earlier. Police reviewed the CCTV film and confirmed you were the driver of the car at the time it failed to stop outside the IGA Supermarket.
48 On 31 January 2020 Senior Constable Hutton and another officer were conducting routine traffic patrols in the Melton area when they saw a silver coloured sedan travelling east on High Street. The car was intercepted by Senior Constable Hutton. You were the driver of the car. You were not able to produce your driver's licence. You underwent a preliminary oral fluid test, the results of which indicated the presence of methylamphetamine. A search of the car located a small black handled knife in a sheath in the driver's side footwell.
49 You were arrested and taken back to the Melton police station. A sample of your oral fluid was analysed and a prescribed illicit drug was detected. It was later ascertained that the illicit drug was methylamphetamine. You initially denied purchasing the car from Ms Vella, but later admitted to it. You were disqualified from driving a motor vehicle at the relevant times. The above summary forms the basis of Charges 3, 5, 7, 8, 11, 12, 13, 15, 16, and 18 on the Hutton brief.
50 At approximately 4.28 pm on 18 March 2020 a blue Mazda sedan bearing registration plates 1CC 7P7 was observed by police in First Avenue,
Melton South. Police checks identified the plates as stolen. The car was seen turning onto Coburns Road and then onto Black Dog Drive in Brookfield. Police attempted to intercept the car.
51 The car stopped and the passenger jumped out of the car before the car drove away from police. You were the passenger. Police arrested you and you made admissions to having a small field bag containing approximately 1.18 grams of methylamphetamine. Possession of that drug constitutes Charge 1 on the indictment.
52 At approximately 1.04 pm on 9 June a search warrant was executed at 8 Shebler Place in Melton. Upon police arrival your co-accused
Jodie Cross was seated in the lounge room. You were found outside under a car port. You and Ms Cross occupied the front bedroom of the property.
53 The following items were found:
(a) On the bedside table of the bedroom was a 1.5 litre water bottle containing approximately 1451.7 grams of 1,4-Butanediol;
(b) Within the kitchen was a 1.5 litre water bottle containing approximately 175.3 grams of 1,4-Butanediol; and
(c) Within the kitchen was a 500 millilitre water bottle containing approximately 231 grams of 1,4-Butanediol. The total amount of
1,4-Butanediol seized was 1858 grams.
54 Possession of the 1,4-Butanediol is the basis of Charge 2, trafficking in a drug of dependence, and Summary Charge 5 where
Senior Constable Bailey is the informant. An amount of $2,770 in cash was found inside your wallet. This forms the basis for Summary Charge 3.
55 On 13 September 2020 at approximately 10.10 pm a blue coloured
2015 Ford Falcon sedan bearing Victorian registration plates GUNNA was observed by the police air wing travelling at excessive speeds westbound on the Western Highway, Melton. Observation of the car was maintained and it was estimated to be travelling at speeds of approximately 170 kilometres
per hour. It was also travelling on the wrong side of the road, narrowly missing other road users.
56 The police air wing had the car under observation for approximately 16 minutes. An unmarked highway patrol vehicle observed that vehicle overtake at a speed estimated to be in excess of 150 kilometres per hour. A pursuit was authorised and the unmarked highway patrol car activated its lights and sirens, thereby giving clear directions for the driver of the car to pull over. The driver ignored the directions and accelerated away at speed.
57 Near the Gisborne-Melton Road intersection stop sticks were successfully deployed and the car came to a stop. You were a passenger in the car and were in breach of a bail curfew condition. Enquiries revealed that the car had been stolen between 11 pm on 31 August 2020 and 6 am on 1 September 2020. You have pleaded guilty to theft of the car, and this forms the basis of Charge 3 on the indictment. This offending also forms the basis of Summary Charges 2 and 3 on the Forsyth brief.
58 At approximately 9.15 pm on 15 May 2021, a person was seen by police air wing officers riding a Suzuki GSXR motorbike at a fast rate of speed along the Western Ring Road, Sunshine. The air wing officers observed that person park the motorbike at an address in Viola Avenue, Brooklyn. Police attended the address a short time later and identified the motorbike located in the driveway.
59 It was not displaying a registration plate and further investigations revealed its registration expired on 22 October 2018. You were identified as the rider of the motorbike and were a disqualified driver at the time. You made admissions to riding the motorbike whilst disqualified and it being unregistered. This conduct forms the basis of Summary Charges 1 and 2 on the Caggiati brief.
60 On 5 August 2021 you were bailed at the Sunshine Magistrates' Court on an unrelated matter. A curfew between the hours of 9 pm and 5 am was part of your bail conditions. On 28 August 2021 at approximately 8.52 pm you were seen by police air wing members on a motorbike travelling south at a fast rate of speed on the Tullamarine Freeway. You were followed by police air wing to an address in Sydney Road, Brunswick. You were kept under observation by the air wing until other police arrived.
61 Upon the arrival of police you were located and asked to produce your driver's licence and failed to do so. You were not the holder of the motorcycle licence and the motorbike was not displaying a registration plate. Police enquiries confirmed its registration had been cancelled. You admitted to police to never having held a motorbike licence and that the motorcycle was not registered.
62
When asked about your conditions of bail you stated, 'nine, is it? It's just past 9 o'clock'. Your conduct on this occasion forms the basis of
Summary Charges 1, 2, and 3 on the Baldasso brief.
63
On 27 December 2021 at approximately 10 am you were driving west on
Main Street, Bacchus Marsh. You were the sole occupant of the vehicle, a Toyota sedan bearing registration plates ZYY 557. Main Street has a single lane in each direction and was busy with traffic at the time of the incident. At the time you were attempting to overtake two cars towing caravans. Your attempt resulted in the driver of the lead vehicle braking heavily to avoid a collision. Simultaneously the wheels of your car made contact with the gravel on the side of the road, causing you to lose control of your car.
64 The car collided with a speed limit sign before rolling over numerous times and coming to a halt. You were assisted out of the car by witnesses and taken to the Royal Melbourne Hospital by ambulance. At the time you were disqualified from driving, having lost your licence on 19 November 2019. Your conduct on this occasion constitutes the basis of Summary Charges 1 and 2 on the Lazarus brief. You were remanded in custody on 11 January 2022.
65 I turn now to your prior criminal convictions. You have convictions dating back to May 2013. Your criminal record is relevant to considerations of specific deterrence, protection of the community, and your prospects for rehabilitation. I do not propose to review your previous convictions in any detail but note you have previously been convicted for offences relating to drugs, driving and dishonesty.
66 Of note is an offence of trafficking in methylamphetamine for which you were placed on a 24 month Community Correction order on 20 March 2019. On that same date you were also dealt with for a breach of a CCO imposed on
8 August 2019. The breach was found proven and varied to continue until
27 March 2020. The commission of some of the offences before me breaches those orders.
67 You have only once before been sentenced to a term of imprisonment, and that was on 8 December 2020 when you were convicted and sentenced to a term of three months' imprisonment for charges of burglary, theft, and committing an indictable offence whilst on bail.
68 A certificate under s84(1) of the Road Safety Act was tendered. You have what can only be described as an appalling history of driving offences dating back to November 2010. Your priors include three charges of driving whilst disqualified occurring in February 2019, December 2018 and October 2018; driving whilst your authorisation to drive was suspended in June 2012 and July 2012; failing an oral fluid drug test within three hours of driving in December 2017,
November 2017, and October 2018; failing a drug blood test in March 2015; refusing to remain at a breath testing station in December 2018; refusing to provide a sample of oral fluid for drug test in February 19, as well as offences for unlicensed driving, careless driving, and speeding.
69 On 19 November 2019 your car and motorbike licences were cancelled and you were disqualified from driving for a period of four years.
70 I turn now to your background and personal circumstances. You were born on 19 February 1992. You are 30 years of age, and were aged between
27 and 29 at the time of your offending. You were raised by both your parents who remain married, and notwithstanding their disappointment in your life choices, continue to provide you with love and support. You have a sister living in Queensland.
71 You attended secondary school at St Patrick's College in Ballarat, leaving part way through Year 11. You commenced a plumbing apprenticeship which you successfully completed. You worked as a roof plumber for some
eight years but have not worked since September 2021.
72 You first used alcohol at the age of 14 and frequently engaged in binge drinking. At the age of 15 you began experimenting with cannabis, ecstasy, and amphetamines. You commenced using methylamphetamine at the age of
18 and continued its use to the time of your remand. At the peak of your addiction you were using approximately three and a half grams of methylamphetamine on a daily basis.
73 At the age of 25 you moved to Coffs Harbour where you remained for approximately 12 months. You stayed with your auntie and uncle, working and, on your report, were abstinent from drugs.
74 You returned to Victoria for employment reasons. Upon your return you formed a relationship with a woman who was a drug user. You relapsed into drug use at around that time. You and she attended a drug rehabilitation program, and it was during that time that she fell pregnant. This motivated you to remain abstinent from drug and alcohol use. You discovered when the child was approximately four weeks old that you were not the biological father. This resulted in the breakdown of your relationship and once again you relapsed into drug use.
75 It was submitted on your behalf that your offending is linked to your drug use. You have voluntarily engaged in attempts to get off the drugs and your longest period of abstinence was when you were living in Coffs Harbour. You instructed your counsel that it was of benefit to you to be in employment and removed from negative peer influences.
76 You have had inpatient treatment at Habitat Therapeutic Drug and Alcohol Rehabilitation in October 2020. However you relapsed into drug use after some 15 days. You returned to Habitat in 2021 and participated in their
30 day program, successfully completing it in July 2021.
77 You also attended inpatient treatment at Bradshaw House in June 2018, but you were required to leave the program as you and some other residents left the facility and purchased alcohol, contrary to the facility's rules. You paid for two of the inpatient treatments and your parents the other.
78 Ms Buckley, who appeared on your behalf, submitted you have insight and know that your offending is linked to your drug addiction. You instructed her that you wish to engage in treatment so that you may be free of drugs and addiction. Ms Buckley acknowledged that much of your offending shows a general disregard for the safety of other road users and a disregard for court orders.
79 In relation to your offending Ms Buckley submitted it comprised of 10 separate incidents occurring over a period of almost two years from 2 December 2019 to 10 January 2022. All of your offending, it was submitted, took place in the context of a significant substance addiction. I should say, to be absolutely clear, that this provides you with no excuse, nor does it mitigate the penalty to be imposed.
80 Ms Buckley also accepted that the charges in which you drove dangerously and struck other vehicles are serious instances of dangerous driving.
81 In relation to the drug trafficking charges, Ms Buckley noted the following features. First, on both charges you are charged with single date trafficking. Secondly, there is no evidence of you receiving significant profits or financial rewards, nor are there the hallmarks of lavish living. Thirdly, the offending was driven primarily to fund your own substance addiction and not for purposes related to greed. Fourthly, the quantity of 1,4-Butanediol was 37 times the threshold for a trafficable quantity and fell slightly below the threshold for a commercial quantity and fifthly, the quantity of methylamphetamine, namely 72 grams, is within the lower end of the middle range for a trafficable quantity of a mixed substance of that drug. A trafficable quantity of that drug is 3 grams.
82 Ms Buckley also accepted that a number of instances of your offending were aggravated by reason of the fact that you were on one or two
Community Correction orders and or bail at the relevant times. Ms Buckley correctly submitted that as you are charged with related summary offences of committing an indictable offence whilst on bail, care must be taken in the sentencing process to avoid double punishment. You are in fact charged with committing an indictable offence whilst on bail on three separate occasions, being Charge 5 on the Bailey matters; Charge 2 on the Forsyth matters; and Charge 11 on the Morcombe matters.
83 Ms Buckley also submitted that five of the nine summary matters pre-date the imposition of the three month sentence imposed on 8 December 2020. However, as I discussed with Ms Buckley during the plea hearing, that was a decision taken by your then counsel not to adjourn the plea hearing so that all matters could be heard together. You were aware of the outstanding charges. In those circumstances I do not consider the lost opportunity for concurrency should operate to mitigate the sentence to be imposed.
84 I accept, however, Ms Buckley's submission that the principle of totality should operate to ensure that you are punished no more than what is proportionate to your overall criminality, and to avoid the imposition of a crushing sentence.
85 Ms Buckley relied on your pleas of guilty. Those pleas reflect an acceptance by you of your responsibility for your offending and an acknowledgement of your wrongdoing. You have also facilitated the course of justice and have obviated the need for witnesses to be cross-examined at multiple contested hearings, a committal hearing, and trials.
86 I also accept that the pleas of guilty entered during the currency of the
COVID-19 pandemic augment the utilitarian value of the pleas and should be accorded greater weight as a mitigating circumstance. Reliance was placed on the well-known principles in Worboyes v The Queen. Your time on remand which, at the time of the plea hearing, was 289 days represented the longest period of incarceration you have experienced.
87 I accept that being on remand during the COVID-19 pandemic is more onerous that would otherwise be the case. You have undergone a mandatory 14 day quarantine period, and you have been subjected to numerous restrictions, including periods of isolation and restricted visits as a result of the pandemic.
88 As for your prospects of rehabilitation Ms Buckley submitted that it remains a significant sentencing consideration. In this regard Ms Buckley pointed to a number of protective factors that favour your rehabilitation. First, you have a strong work history and qualifications such that you should have little difficulty obtaining work upon your release. Secondly, you have strong family support. Thirdly, you have the availability of stable accommodation. Fourthly, your time on remand has been positive and productive. Fifthly, you have not used illicit substances whilst in custody. Sixthly, you are prepared and willing to engage in treatment, and seventhly, your pleas of guilty.
89 It was, however, correctly acknowledged that your prospects for reform are firmly tied with you remaining drug free upon your release into the community.
90 I note from documentation tendered on your behalf that you have completed supervised urinary drug screens on 25 June, 28 June, 30 June, 12 July, 16 July, 26 July 2021. They were all clear. These coincided with your stay at
Habitat Therapeutics.
91 Whilst in custody you returned negative drug assay results on 4 May 2022, 21 March 2022, 28 March 2022, and 21 April 2022.
92 You have also completed the Triple P Positive Parenting Program,
Seminar Series 1, in power of positive parenting; Seminar Series 2, raising confident children, and seminar series 3, raising resilient children.
93 You also completed a number of modules with ATLAS remand program and I note the author's report stating you were always punctual and participated fully in each session. The author considered you had developed some valuable insights into your offending and had begun to set goals for your successful reintegration back into the community.
94 You also completed a 24 hour drug and alcohol program offered by
Caraniche Pty Ltd at the Marngoneet Correctional Centre. You completed that course on 18 August 2022, attending all nine scheduled sessions.
95 Also tendered on your behalf were character references from your auntie, Tracy Dickson; your sister Ella Cullen; your auntie Torika Stone; a close family friend Leanne Holt, and your mother Deborah. I have had regard to each of those references. It is clear that you are a much loved member of your family and that your life has been greatly impacted by your drug use and offending. You will continue to have their support after your release.
96 Since the original plea hearing your counsel provided further submissions and materials. I have already addressed some of those matters. A further matter which Ms Buckley urged on your behalf was the 128 days which you served on remand that was not taken into account when you were sentenced on 14 August 2019 to an aggregate fine of $2,500 in respect of various drug offences. Ms Buckley submitted I should have regard to the 128 days served but not declared pursuant to the principle in Renzella.
97 I accept this submission and note the court order of the learned Magistrate clearly noted you had served 128 days in custody before a trafficking charge was withdrawn and that time in custody was not recognised as part of his Honour's sentence.
98 Mr Weinman, who appeared on behalf of the Director of Public Prosecutions, noted that your offending spanned the period December 2019 to January 2022. As to the objective gravity of your offending, Mr Weinman noted that the quantity of 1,4-Butanediol was 37 times the threshold for a trafficable quantity. I would also note that the quantity of methylamphetamine, the subject of Charge 4 on the indictment, is 24 times the trafficable quantity.
99 With regard to the Morcombe and Hutton matters, Mr Weinman submitted your offending was serious given the collisions and you driving on the wrong side of the road. Mr Weinman submitted that the principles of general deterrence and denunciation were particularly relevant sentencing considerations, given the nature of your offending and the danger posed by you in the use of illicit drugs and driving. Furthermore, given your previous convictions, specific deterrence is also a relevant sentencing consideration.
100 As for your prospects of rehabilitation, Mr Weinman submitted given your criminal history and past efforts at community correction orders, your prospects are guarded at best.
101 I have already set out the maximum penalties that may be imposed in respect to each offence. Your overall offending, I consider is quite serious. You have shown a flagrant disregard of the law and court orders over a significant period of time. You have endangered innocent members of the public who have the right to, and should, feel safe driving on our roads.
102
In relation to Charge 2, you had in your possession for sale 1,858 grams of
1,4-Butanediol. This is very close to the commercial quantity of that drug of 2 kilograms.
103 In relation to Charge 4 you had in your possession for sale 72 grams of methylamphetamine, which is .28 times the commercial quantity of that drug. Both charges are single day trafficking charges.
104 The trafficking of drugs impacts not only on those who are addicted, but also their families and the community generally. You should know this from your own addiction and your consistent breaches of the law.
105 In relation to Charge 6 on the indictment, although there is a significant maximum penalty that may be imposed, I am mindful of the fact that the quantum of money possessed by you, $860, was a relatively small amount of money.
106 I accept that the sentence I impose must have, as one of its objectives, the deterrence of others who are minded to engage in such behaviours. There is also, in my opinion, a significant need to deter you from further offending. The sentence must also serve to protect the community from you and mark the Court's denunciation of your behaviour.
107 As for your prospects of rehabilitation, I agree with the prosecution submission that they are guarded at best. Your prospects are heavily tied to your ability to live a drug free life. You have been given opportunities in the past and yet you have continued to offend. However, you do appear to have abstained from drug use in custody and you are demonstrating insight into your addiction and offending.
108 I acknowledge the support you have from your family and close friends, but that will not account for much if you continue to use drugs. You are also fortunate that upon your release you will have somewhere to live and with your qualification, I suspect little difficulty in finding work.
109 You have pleaded guilty to a large number of offences. I accept that there is a significant utilitarian benefit that attaches to your pleas of guilty. This is even more so given your pleas were entered during the COVID-19 pandemic. I accept also that your pleas have facilitated the course of justice, are an acknowledgment of your responsibility, and are indicative of your remorse. In considering your remorse I attach some weight to your letter of apology.
110 I also have regard to the fact that because of the restrictions in force in Victoria's prisons as a result of the pandemic, your time in custody has been more onerous than it otherwise would and will continue to be. Nevertheless, you have been able to make some good use of your time on remand, completing a number of therapeutic courses.
111 I will, in sentencing you, take into account the 128 days served on remand before you were sentenced at the Sunshine Magistrates' Court in August 2019 and which was not taken into account by the learned Magistrate. However, as stated, I do not accept that I should have regard to your asserted loss of opportunity for concurrency when you were sentenced to three months' imprisonment in December 2020. You made the decision to proceed with a plea hearing on that occasion, knowing there were outstanding charges.
112 In endeavouring to achieve an appropriate and proportionate sentence I have had regard to the totality principle to ensure that the total effective sentence reflects your overall criminality and to ensure that the sentence to be imposed is not crushing. I have also had regard to current sentencing practice, as best I can, given all the circumstances of your offending. However, each case must be decided according to its own individual facts and circumstances.
113
I have also considered the principle of parity, but note that Ms Cross was charged with possession only of the 1,4-Butanediol and Mr Batt, your
co-offender in respect to the Forsyth matters for offences of theft from shop, dangerous driving whilst pursued by police, exceeding the speed by 45 kilometres or more, and theft of motor vehicle, received an aggregate penalty of 192 days and two years community correction order. I note that Mr Batt has considerably more prior convictions than do you.
114 I have given careful consideration to whether I should impose a combination sentence of gaol and a community correction order. In the end I have come to the view that I should instead impose a head sentence and non-parole period.
115
In view of the number of charges, the seriousness of some of those offences, and your past efforts at a community correction order, I do not think that a combination sentence would be appropriate. This is particularly so given the limited term of imprisonment that may be imposed under s44 of the
Sentencing Act
. Notwithstanding the submission made by your counsel, I do not see any basis to impose a relatively low non-parole period.
116 A number of charges carry a mandatory driving disqualification. Although a disqualification from driving may impact on your efforts to obtain work, I consider that a significant period of disqualification is necessary to mark your outrageous and dangerous driving, particularly when you should not have been driving because of a court imposed disqualification. Mr Blight, please stand.
117 On Charge 1 you are convicted and fined the sum of $300. On Charge 2 you are convicted and sentenced to 12 months' imprisonment. This is the base sentence. On Charge 3 you are convicted and sentenced to a term of imprisonment of four months. On Charge 4 you are convicted and sentenced to a term of imprisonment of nine months. On Charge 5 you are convicted and sentenced to a term of imprisonment of 14 days. On Charge 6 you are convicted and sentenced to a term of imprisonment of one month.
118 On Summary Charge 1 of the Biderman brief you are convicted and sentenced to two months' imprisonment.
119 On Charge 3 of the Hutton brief you are convicted and sentenced to a term of imprisonment of two months. On Charge 5 you are convicted and sentenced to a term of imprisonment of six months. On Charge 7 you are convicted and fined $600. On Charge 8 you are convicted and fined $800. On Charge 11 you are convicted and sentenced to a term of imprisonment of three months. On Charge 12 you are convicted and fined $300. On Charge 13 you are convicted and fined $150. On Charge 15 you are convicted and sentenced to a term of imprisonment of one month. On Charge 16 you are convicted and sentenced to a term of imprisonment of three months. On Charge 18 you are convicted and fined the sum of $750.
120 On the Bailey brief, on Charge 3, you are convicted and sentenced to a term of imprisonment of three months. On Charge 5, you are convicted and sentenced to a term of imprisonment of one month.
121 On the Forsyth brief, on Charge 2, you are convicted and sentenced to a term of imprisonment of one month. On Charge 3, you are convicted and sentenced to a term of imprisonment of one month.
122 On the Caggiati brief, on Charge 1 you are convicted and sentenced to a term of imprisonment of three months. On Charge 2 you are convicted and fined the sum of $300.
123 On the Baldasso brief, you are convicted and fined the sum of $500 on Charge 1. On Charge 2, you are convicted and fined the sum of $300. On Charge 3, you are convicted and sentenced to a term of imprisonment of 14 days.
124 On the Lazarus brief, on Charge 1 you are convicted and sentenced to a term of imprisonment of four months. On Charge 3, you are convicted and sentenced to a term of imprisonment of three months.
125
On the Morcombe brief, on Charge 7 you are convicted and sentenced to a term of imprisonment of one month. On Charge 8, you are convicted and sentenced to a term of imprisonment of two months. On Charge 9, you are convicted and sentenced to a term of imprisonment of
four months. On Charge 10, you are convicted and sentenced to a term of imprisonment of four months. On Charge 11, you are convicted and sentenced to a term of imprisonment of one month. On Charge 12 you are convicted and sentenced to a term of imprisonment of one month.
126 Charge 2 on the indictment, as I have said, is the base sentence. I make the following orders for cumulation. On Charge 3, one month. On Charge 4, three months. On Charge 5, seven days. On Charge 6, seven days.
127 On the Biderman charge, 14 days. On the Hutton brief, Charge 3, one month. Charge 5, two months. Charge 11, 14 days. Charge 16, one month. On the Bailey brief, Charge 3, one month. On the Forsyth brief, Charge 2, seven days.
128 On the Caggiati brief, one month. On the Baldasso brief, Charge 3, seven days. On the Lazarus brief, Charge 1, one month. On Charge 3 of that brief, one month. On the Morcombe brief, Charge 7, seven days. Charge 8, 21 days. Charge 9, one month. Charge 10, one month, and Charge 11, seven days.
129 They are all to be served cumulatively upon each other and on the base sentence. This makes a total effective sentence of two years, five months, and one day. I set a non-parole period of 19 months.
130 Pursuant to s18 of the Sentencing Act the period of pre-sentence detention to be declared as having been served under this sentence is 336 days, not including today. Pursuant to s6AAA of the Sentencing Act the period of imprisonment I would otherwise have imposed, had it not been for your pleas of guilty, is a sentence of three years and three months with a non-parole period of two years and four months.
131 On Charge 3 on the indictment, and on Charges 3 and 5 on the Hutton brief, Charge 1 on the Lazarus brief, and Charges 8 and 9 on the Morcombe brief, all licences to drive held by you are cancelled and you are disqualified from driving for a period of four years from today's date.
132 Mr Blight, you should understand that if you drive in contravention of the disqualification I have imposed you will, in all likelihood, be sentenced to a term of imprisonment and a further period of disqualification. Do you understand that?
133 OFFENDER: Yes, I understand, Your Honour.
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