Director of Public Prosecutions v Bullock

[2022] VCC 421

IN THE COUNTY COURT OF VICTORIA

 Revised

Not Restricted

 Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 22-00039

DIRECTOR OF PUBLIC PROSECUTIONS

v

NAOMI BULLOCK

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JUDGE:	HIS HONOUR JUDGE BOURKE
WHERE HELD:	Mildura
DATE OF HEARING:
DATE OF SENTENCE:	28 March 2022
CASE MAY BE CITED AS:	DPP v Bullock
MEDIUM NEUTRAL CITATION:	[2022] VCC 421

REASONS FOR SENTENCE

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Subject:

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Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms M. Mahady
For the Accused	Mr C. Baker

1HIS HONOUR:  My sentence of Ms Bullock was interrupted by the prison unilaterally turning the link off.  Perhaps you can help me, Ms Mahady.  I don't think I need to go back and state all of my reasons.  I should just take it up from when the link went off and then sentence Ms Bullock.  What do you think?

2MS MAHADY:  I think that's right, but I just ask Mr Baker to just confirm that Ms Bullock did hear ‑ ‑ ‑

3HIS HONOUR:  All right.

4MS MAHADY:  I think there was no problems with her hearing ‑ ‑ ‑

5HIS HONOUR:  Have you spoken to her, Mr Baker?  That is, to Ms Bullock, about ‑ ‑ ‑

6MR BAKER:  Just this morning, Your Honour.

7HIS HONOUR:  And ‑ ‑ ‑

8MR BAKER:  And explained to her what the purpose of today is.  She's quite happy to proceed from the point where she got cut off.  My notes indicate that was approximately at the part where you were talking about the intensive drug rehabilitation program she'd done in custody.

9HIS HONOUR:  I thought it was - well, I think when I went on I went back a paragraph before then.  Yes.

10MR BAKER:  You did, Your Honour.

11HIS HONOUR:  Did she hear anything of the quotation from the psychologist who was associated with that program?  No?

12OFFENDER:  Yeah, I did.

13HIS HONOUR:  All right.  I'll go back.  I think I know - I think I'll go back to where I went back - to the point to which I returned when I went on, and I - sorry.  Yes, I think I know what to do.  And you may have told your client, Mr Baker, but my sentence is a total sentence of two years, with a minimum term of 10 months.  And on Friday, I declared pre-sentence detention of, what, 234 days, I think.  Now I need to declare something a bit longer.

14MS MAHADY:  238, Your Honour.

15HIS HONOUR:  Thank you.  All right.  Yes.  There might be some overlap, but it's better than risking leaving something out.  This was directed to you, of course, Ms Bullock.

16Your history and the circumstances of this offending are consistent with a life situation of developing and then entrenched drug abuse, with its associated damaging and antisocial connections.  Since being remanded in early August 2021, you have taken steps about this.  The tendered material describes your engagement since September of that year in what I see as an intensive drug rehabilitation program run at Dame Phyllis Frost Centre.

17The 22 February letter of psychologist Sandra Kahan states as follows:

Participants accepted to the program must be highly motivated to address their drug and/or alcohol‑taking behaviour and possess insight and capacity to engage in intensive therapy on a daily basis.  To maintain a position in the program, participants must also be drug‑free.  This is monitored by random drug screenings conducted twice weekly.  Ms Bullock has not had any difficulty maintaining this status since she began the program. 

Ms Bullock has, to date, complied with all program requirements.  It is hoped that Ms Bullock will continue the work now started, consolidating the changes that she has already made and further developing strategies to assist her in making positive life changes.

18I find that your efforts at and toward rehabilitation within custody are beyond what is normally seen.  The tendered psychological - I should make clear what report that is.  It is the report of - the tendered psychological report of - sorry, I will make it clearer.  The tendered forensic psychological report of Bernard Healey raises features of post‑traumatic stress and makes reference to what is termed “bipolar spectrum”.  These matters were not pressed on the plea.  You take antidepressant medication in custody.

19Trafficking is a very serious offence.  Doing so in this quantity attracts a high maximum sentence.  The drug trade is properly seen as a major and damaging community problem.  You have a relevant criminal history.  Your offending circumstances make relevant sentencing considerations of moral culpability, deterrence - that is, both general deterrence and specific deterrence, condemnation of the offending and proportionate punishment of it.  There must be a sentence of imprisonment.  This is also consistent with the earlier stated provisions of the Sentencing Act.  This offence attracts a wide range of sentences; some are very high. 

20There are important moderating factors in your case.  They particularly include the following matters. 

21(1).  Your plea of guilty.   Consistent with your efforts  at rehabilitation, I find that are you remorseful.

22(2).  To some extent, the circumstances of your involvement in the offending.  As I have stated, you should be sentenced for a single occasion of possession for sale, albeit in that substantial quantity.  I can make no finding that you were a significant entrepreneurial player in the transaction or operation.   Your exposure to detection on the night and your own drug abuse is consistent with this.

23(3).  I find, despite your criminal record since 2017, that you have legitimate prospects for rehabilitation.  You are taking part in the drug program I have described.  I see your drug abuse over time as no mitigation, but as the likely main explanation for your offending history.  You have family and personal support. 

24(4).   I also take into account the added hardships of imprisonment caused by the impact of the COVID-19 pandemic and its restrictions on those in custody.

25My sentence should reflect the objective seriousness of the offence,  but also the particular and personal circumstances of it and of you.

26I find that the correct sentence is that of a head and minimum term.  Both, and particularly the minimum term, should be considerably lesser to reflect the moderating factors I have just  earlier raised.  The benefit of the community, of supporting your efforts at rehabilitation is, I find, a particularly important factor.

27In the circumstances, for example, that your bail offence is the conduct making out the serious indictable matter, the two summary offences should not add to the length of your sentence.

28I have received comparative sentencing cases.  They have relevance. However, I also bear in mind the need to sentence individually to your case.

29Having taken into account what I see to be the relevant matters, I sentence you as follows. 

30For one charge of trafficking in a drug of dependence of commercial quantity, you are sentenced to two years' imprisonment.  On the summary offences for committing that indictable offence on bail, to one month's imprisonment;  for possessing an anti‑speed measuring device, you are convicted and fined $300. 

31That is a total effective sentence of two years. I set a minimum term before eligibility for parole of 10 months. I declare, under s18 of the Sentencing Act, pre‑sentence detention of 238 days already served.  Under s6AAA, had you not pleaded guilty, I would have imposed a sentence of three and a half years, with a minimum term of 20 months. 

32HIS HONOUR:  I was told, I think, that there are no other orders that were sought.

33MS MAHADY:  That's right, Your Honour.

34HIS HONOUR:  All right.  Good.  Thank you.  Well, that completes the sentence of Ms Bullock.  We will turn Ms Bullock off now.  And you too, Mr Baker.  Thank you.

35MR BAKER:  As Your Honour pleases.

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