Director of Public Prosecutions v Chandler
[2013] VCC 1475
•11 October 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable For Publication |
AT WANGARATTA
CRIMINAL DIVISION
CR-13-01305
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| KRUCHEN CHANDLER |
---
JUDGE: | HIS HONOUR JUDGE M.P. BOURKE | |
WHERE HELD: | Wangaratta | |
DATE OF HEARING: | ||
DATE OF SENTENCE: | 11 October 2013 | |
CASE MAY BE CITED AS: | DPP v Chandler | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 1475 | |
REASONS FOR SENTENCE
---
Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
---
APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr J Bessell | |
| For the Accused |
HIS HONOUR:
PROCEEDINGS IN CAMERA
1 I will tell you now what my sentence is going to be. I would ask you to listen, though, to my reasons for giving that sentence, which will take about 15 minutes before I formally sentence you. I am going to sentence you to a total effective sentence of three years and partially suspend 18 months of that sentence. Now, if you take a seat, please, there are some things I need to say.
2 This is the sentence of Kruchen Chandler. He is not represented this morning. Mr Chandler's counsel, as is often the case, sought to be excused the other day. She is a Melbourne barrister and I did excuse her. I do not recollect whether I specifically said, but it was my expectation that some representation in deference to him and his circumstances would be arranged by his solicitor, who appears to be a Shepparton solicitor. I have received this letter; I will read the contents. First of all it is from a firm of solicitors called Camerons Lawyers, with a Shepparton address.
3 It is addressed to the registry here. It says:
"Dear sir or madam, we refer to the above matter and advise that we hold no instructions to attend sentence on 11 October 2013. Mr Chandler is not in a position to pay for legal representation at sentence. We therefore advise that neither counsel nor her instructor will be in attendance tomorrow. Please pass on our apologies to His Honour in respect of our non attendance."
4 It is signed by a solicitor named Anthony Coote. I find the failure to represent Mr Chandler today to be regrettable. I extend my sympathies to you. I repeat, so that you and others know, I excused Ms Hollingworth, which is the usual thing to do. It is not her fault.
5 Kruchen Chandler, you are to be sentenced for one charge of intentionally cause injury, one charge of false imprisonment, and two charges of trafficking in a drug of dependence in a commercial quantity. The maximum sentences are ten years imprisonment for intentionally causing injury and false imprisonment, and 25 years imprisonment for trafficking in a commercial quantity of a drug of dependence.
6 You pleaded guilty before me on 8 October 2013. When interviewed by police on 19 September 2012, you made a frank and detailed confession. You also made a statement to police, implicating yourself and others. You have agreed to assist the authorities by giving evidence in proceedings against co-offenders. The committal went by hand up brief in July 2013 after which you entered a plea of guilty. Before me on 8 October you gave sworn evidence undertaking to give evidence in accordance with your statement and record of interview in future hearings against co-offenders. That includes at committal hearing, listed for 14 October 2013 and, if necessary, at subsequent trial.
7 I stop to say this, that this is a hearing in camera. There is no problem with you remaining, Mr McKenzie, you are a barrister in another matter, and you are his partner, is that right?
8 I will go back. Before me on 8 October you gave sworn evidence undertaking to give evidence in accordance with your statement and record of interview in future hearings against co-offenders. That includes at committal hearing listed for 14 October 2013 and, if necessary, at subsequent trial. You indicated in evidence that you are aware of the consequences of failing to meet that undertaking. My sentence will be subject to appeal and re-sentencing of you by the Court of Appeal.
9 You are entitled to the benefits of your plea of guilty, that very high level of cooperation, both from an early stage, and your undertaking of future assistance.
10 At the plea hearing, which ran on 8 October, Mr Perry, for the Crown, tendered a written Crown plea opening. Ms Hollingworth, for you, tendered a copy of your statement to police, dated 19 September 2012, the psychological report of Pamela Matthews, dated 19 September 2013, urine testing results, and a number of letters of character reference. She also called your father, David Chandler, to give evidence on your behalf. As earlier stated you also gave evidence.
11 The circumstances of your offending are described in the tendered Crown opening, which is Exhibit A. My own summary may therefore be shorter.
12 In the second half of 2012 a police operation named 'Intangle' investigated a large drug syndicate operating in the north east of Victoria. The syndicate, which was managed and closely controlled by a man named Aaron Dalton, supplied drugs including amphetamine, ice amphetamine and ecstasy to such towns and areas surrounding as Wangaratta, Wodonga, Yarrawonga, Myrtleford and Shepparton. It also operated in New South Wales. It appears that the drugs were supplied to Dalton mainly from Sydney.
13 Under Dalton were usually younger males and females, some, for reasons of the syndicate's security, without prior criminal history. The operation was a pervasive and sophisticated one. Features included the following. There was close control by Dalton, effected by strict rules, threat and violence within the group upon those outside and on the periphery. Firearms were used. There was regular movement using short term accommodation in hotels, resorts and the like, arranged by members of the syndicate without criminal history. Upon receipt of large amounts of drugs, there was weighing, cryovacing, packaging using electrical tape and secreting of the packages, often by burying near such accommodation. Dalton stayed distanced from the drugs. The drugs were supplied to dealers, who were subject to detailed instructions and protocols in respect of contact and communication with the syndicate and their purchasers. The protection of Dalton and the syndicate seemed paramount. Computer generated documents were used but there were protocols for destruction of written materials.
14 As stated, the enterprise was sophisticated and featured strict set control and management by violent and quite brutal methods.
15 You, as others, were invited into the syndicate by Dalton, whom you knew socially through his brother. You were attracted by the promise of drugs, money, and lifestyle. This was in September 2011. I accept that your situation at the time was difficult. I shall return to this.
16 Over the next nine months your roles included the following. You dealt drugs for Dalton. You paid him and sold them on in places such as Corowa, Rutherglen and Wangaratta. There were also sales in Shepparton and Mansfield. It is accepted that, beyond funding your own methylamphetamine use and lifestyle, there was no longstanding profit or benefit for you. There is no evidence of betterment. After a period you were seen as unreliable and your role changed to that of driver. This included ferrying others to locations and delivering moneys for drugs. You described to police taking 200 to $250,000 to Gundagai in New South Wales; and bringing back drugs. There were other trips with a co-offender, Jai Montgomery, to collect substantial amounts of drugs.
17 On an occasion, this is Charge 1 and 2, intentionally causing injury and false imprisonment, you were required to drive Aaron Dalton and his brother Joshua Dalton to the home of a man named Brendan Dwyer. He, Dwyer, was driven away, assaulted and threatened by the others and then released. This was in about August/September 2011. Dwyer was seen to owe a $2000 drug debt.
18 In June 2012, affected by the violence and the pervading sense of intimidation within the syndicate, you chose to leave. You and your family became the targets of threat and violence because of this. You were "fined" $35,000 by Dalton for leaving. Your family was threatened by phone and intimidated at their homes and work. In early September 2012 in the course of Dalton and others looking for you, your cousin Dean Evans - Dean?
19 ACCUSED: He's actually not my cousin, my cousin lives at the house.
20 HIS HONOUR: I see, a man called Dean Evans - I will start that again and correct. In early September 2012 in the course of looking for you, a man named Dean Evans, who lived with your cousin, was cruelly and brutally assaulted in his home. His injuries included a broken nose and lost teeth and a later discovered fracture to the front of his skull. A co-offender before me on this circuit, Dean Griggs, has pleaded guilty to this and other offences related to the syndicate. His plea hearing is part heard.
21 Ms Hollingworth told me that you had been assaulted a number of times during and after your involvement. I accept that you were fearful of Dalton and others during the time of your offending, and remain so. I accept that you have good reason for this.
22 In September 2012 a number of people were arrested in police raids. You were arrested on 19 September. As stated you confessed and were prepared to assist authorities.
23 Co-offenders named Griggs, Blackman and Winray are before me to plead guilty to relevant offences this week, or last week. Others, including Aaron and Joshua Dalton and men named Verry and Montgomery, face a contested committal hearing listed, as I understand, to begin on 14 October. It is expected that you, Griggs and Blackman will be called as prosecution witnesses.
24 You are a 27 year old man who has no prior convictions. You live in Benalla with your girlfriend. You were raised and educated in the Benalla/Wangaratta area. Your parents separated when you were 11 years old, I was told, in difficult circumstances. You have lived with both at times. You have a younger sister aged 17.
25 In school years there was a diagnosis of Attention Deficit Hyperactivity Disorder and you took medication for this until leaving school. After leaving school at Year 11 you began an electrical apprenticeship. At about this time you ceased medication and began using drugs and alcohol. At 20 you lost your apprenticeship and job. You were dismissed because of unreliable attendance. You left your father's home and went to Coolangatta in Queensland. You played football professionally in the Queensland Football League and worked, through the football club, in concreting and electrical work. At 22, you returned to Victoria and lived with your mother. You played football again. You present as a talented sportsman. At 24, you suffered a knee injury leading to a full knee reconstruction. It was a debilitating injury. Until that time your income had been derived from physical work and sport.
26 Accordingly, leading in to 2011 and to the time of this offending, you were not working; you were living with your father again. You were also prescribed and were using for a time, strong morphine based pain killing medication. This was the context for heavier drug use and the social engagement with Joshua Dalton, and then Aaron Dalton, I have earlier described. Your use of methylamphetamine became heavy during the course of your involvement in the drug syndicate, late 2011 to mid 2012.
27 I have stated that you have no prior convictions. Ms Hollingworth told me about a subsequent matter. It occurred in unusual circumstances and I accept that it is explained by the situation existing for you and your family after you sought to leave Dalton's business. I was told that in early July 2012 a firearm was seized by police from hotel accommodation used by syndicate members. You were intimidated and required to take responsibility. You went to the Albury Police Station and admitted the offence, one presumes a New South Wales firearm possession offence. Ultimately you were charged with the offence of hindering a police investigation by that false admission and placed on a good behaviour bond, without conviction.
28 The psychological report of Pamela Matthews states a diagnosis of depressive disorder, associated with the consequences of your knee injury and present legal predicament, and substance use disorder at the time of this offending. She also states symptoms of post traumatic stress disorder related to experiences within the drug syndicate and after, being the intimidation and assault of you and members of your family. I accept the proposition that imprisonment will be harder for you because of your psychological problems and because of fear of reprisal and placement in prison protection.
29 Ms Hollingworth placed reliance on what has occurred since your arrest in September 2012. After 13 days of remand custody you were released on bail. Amongst other things that was conditioned on reporting three times a week to police. You had begun a relationship with a young woman with whom you live in Benalla. She is manager at an optometrist practice, has no prior criminal history and remains supportive of you.
30 You are resigned to imprisonment. Upon release you plan to save money, marry, and perhaps move to Queensland. Your father gave evidence of your remorse, resignation to imprisonment and a better life after that; and the positive changes he sees in you over the last 12 months.
31 You presently work in home maintenance and building on a casual basis. Letters of persons who have employed you in that way were tendered amongst other letters of character reference. Your present work seems available to you upon release from prison.
32 You lost contact with your father during the period of your offending. That relationship is repaired and, as stated, he attended court and gave evidence on your behalf.
33 This was very serious offending. Drug trafficking and drug use are seen as major community problems. The overall drug enterprise here was expansive and sophisticated. It not only trafficked large amounts of dangerous, harmful drugs to the community and often, one expects, the vulnerable; but also conducted its business in a sinister way. Charge 1 and 2, intentionally cause injury and false imprisonment of Brendan Dwyer, are an example of that. Your original involvement occurred when to some extent you were in a vulnerable situation. However it must be borne in mind that your motivation was money, drugs and the lifestyle you saw as going with those things. I take into account that ultimately you extricated yourself from the group and the circumstances that flowed from that, for you and those close to you.
34 In cases such as this the sentencing considerations of deterrence, particularly general deterrence, denunciation of what you have done, and your moral culpability are relevant and important. There is a need for just and proportionate punishment. That punishment must be a significant term of immediately served imprisonment.
35 In this case there are also mitigating factors that should go to reduce the length of sentence. They include the following matters:
1) Your plea of guilty and cooperation. I also find that you are genuinely remorseful. That includes without doubt your knowledge of what consequences have flowed for your family.
2) Your otherwise good character; you have no prior convictions and your subsequent offending occurred in unusual circumstances connected to these offences. The tendered letters of character reference speak well of you.
3) Your personal history and circumstances.
4) Some of the circumstances of your involvement in this offending; for example I take into account that you left the group some months prior to your arrest and the consequences of that for you and your family.
5) I find that you have good prospects for rehabilitation. You have family, and personal support, and no prior criminal history. Further, you have taken steps toward rehabilitation. Your personal and working life is stable. I was told that after leaving the syndicate you were able, I accept with difficulty, to stop your drug use. Tendered drug urine testing results in September and October of this year support that you are now drug free.
6) Of particular importance is your past cooperation with and undertaking to further assist authorities by giving evidence against co-offenders. Those offenders include the major players in this drug trafficking enterprise. I am told by the Crown that your evidence at committal and trial, particularly in combination with the evidence of Griggs and Blackman, will be valuable. I am satisfied that your past and future cooperation is given at significant risk to yourself and others close to you. This is a case in which past events and the evidence emphatically state that to be so. It is established principle and sentencing policy that persons in your situation be encouraged to assist in the way you have done and undertake to do. Further I find that your assistance in these ways is consistent with the proposition that you have high prospects for rehabilitation. You are entitled to a very significant reduction in sentence.
36 Ms Hollingworth, whilst conceding that an immediately served sentence of imprisonment is necessary, given the seriousness of these offences, submitted that I should partially suspend that sentence. I intend to do that.
37 Stand up. I need to say this to you; that as I have told you earlier, I am imposing a total effective sentence of three years imprisonment and partially suspending 18 months of that. That means you will serve 18 months in prison but for subtracting the 13 days that you have served, and then you will be released. However, the threat of serving the other 18 months does not go away. If you are convicted for - if you commit an offence punishable by imprisonment during the period of three years after today you will be brought back before me. It would only be in exceptional circumstances, after today, that I would not be obliged to send you back to prison for 18 months. So that is what stands over your head.
38 I should add this, that most offences in our system are punishable by imprisonment. It would not require that you be sentenced to imprisonment to come back before me. For example, possession of a small amount of methylamphetamine is an offence punishable by imprisonment. So there it is for you.
39 After considering what I see to be the relevant and competing factors I sentence you as follows:
40 On Charges 1 and 2, 12 months imprisonment.
41 On Charges 3 and 4, each of them, two and a half years imprisonment.
42 I direct that six months of the sentence for Charge 1 be served cumulatively on the sentence for Charge 3, that is a total effective sentence of three years imprisonment. I partially suspend 18 months of that sentence for a period of three years. I declare under s.18 of the Sentencing Act a pre-sentence detention period of - it is beyond 13 days now. When were you before me last time and going to - - -
43 ACCUSED: Tuesday.
44 HIS HONOUR: Do we call that three days do we? Four days, really. I declare under s.18, 17 days of pre-sentence detention.
45 You can sit down now. I am obliged to indicate to you what I would have imposed as a sentence if you had not pleaded guilty. This is a difficult thing to do in normal circumstances. The more so in this case, its difficulty being that your plea of guilty is closely associated and bound up with other factors of mitigation, such as your assistance to police. However, doing the best I can to indicate what I would have imposed had you not pleaded guilty, isolated to that, if one can do so, I would have imposed a sentence of five years and directed a minimum term of three and a half years. So you can do the arithmetic.
46 Now am I right that there was an application for a forensic sample? I will make that order, it was not opposed the other day. I will tell you what it means, it means this; that at a time to be arranged in prison you will be required to supply a sample of your saliva by cotton swab inside your mouth. If you cooperate in that, that is the end of it. If you do not a sample of blood may be taken by injection and reasonable force used for that. The reasons why I am imposing the order are the seriousness of the circumstances of this offending. It is also not opposed; granting of the order, given the seriousness of this offending is emphatically in the public interest, in my view. I will sign that order now.
47 I will also file the letter that I referred to from Mr Chandler's solicitor, Mr Coote.
48 Now, during the course of the plea, Mr Bessell, I was asked by the prosecutor to name certain persons relevant to the placement of Mr Chandler in prison protection, those who would likely cause or raise protective concerns. Those persons are: Aaron Dalton, Jai Montgomery, Bradley Winray and Joshua Dalton. I would be obliged perhaps if you gave a list of those persons' names to the police officers. I should imagine it is not necessary to name people, they are all co-offenders. I was asked to do so. There would be no doubt broadly ranging concerns that would have to be addressed beyond those people.
49 MR BESSELL: We would not want them in the same exercise yard.
50 HIS HONOUR: No. I am confident that the prison authorities will protect you. All right. Mr Chandler can now be taken in custody, thank you. All right, you can take the sign off the door now.
- - -
0
0
0