Director of Public Prosecutions v Charles

[2016] VCC 479

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
 Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01376

DIRECTOR OF PUBLIC PROSECUTIONS

v

GARY WILLIAM CHARLES

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	22 April 2016
CASE MAY BE CITED AS:	DPP v Charles
MEDIUM NEUTRAL CITATION:	[2016] VCC 479

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms N. Burnett
For the Accused	Mr R. Melasecca

HIS HONOUR:

1Gary William Charles, stay seated for the time being.  You have pleaded guilty to an indictment charging you with trafficking in methamphetamine on
11 December 2014, and of an offence of cultivating a narcotic plant, namely cannabis L, possessing cannabis L, being a prohibited person in possession of a firearm, all taking place on the same day, 11 December 2014.  You have also pleaded guilty to a related summary offence of dealing with unauthorised explosives, and that offence occurred on the same day.

2You have admitted prior court appearances and convictions, including offences for trafficking in a drug of dependence, and other offences, although you have not been convicted of any offence since June of 2008.

3Trafficking of methamphetamine carries a maximum term of imprisonment of 15 years.  The offence of cultivating a narcotic plant carries a maximum term of imprisonment of one year, possessing cannabis, five penalty units, being a prohibited person in possession of a firearm, maximum of ten years' imprisonment, and effectively dealing with an unauthorised explosive, 100 penalty units.

4Ordinarily, trafficking in methamphetamine would carry an immediate term of imprisonment of considerably more than 92 days, however your counsel has provided me with a very comprehensive outline of sentencing submissions, and as I have indicated in dealing with the sentence indication, I am persuaded that in all the circumstances, the matter can be dealt with by way of an immediate custodial sentence not exceeding 92 days.

5I take into account your plea of guilty, and I take into account the fact that it would appear that you have been suffering from quite significant physical problems; that you have, over many years, endeavoured at various stages, to deal with your drug issues, and that you appear to have at least reasonable prospects of rehabilitation despite your criminal history.  You are getting a bit old to be dabbling in this sort of thing, and risking terms of imprisonment at your age. it is going to be a lot harder to do time.  One hopes that being caught with this series of offences, you will have taken something from it and learnt enough not to offend again. I hope that is the case.

6It is going to be a nuisance to you to have to participate in this community correction order, but you would know because you have done them in the past, that it is necessary to do that to avoid a term of imprisonment.  You would also know that if you breach the terms, then you may be brought back, you would be up for three months for the breach alone, up for more than three months possibly, for being resentenced for these offences, and if you committed a further offence punishable by imprisonment during the period of the order, you would be up for punishment for that offence too, which would also put you in breach of the community correction order.  So there is a strong incentive to comply with the terms of the order.  Are you willing to comply with the terms of an order requiring you to be under supervision for two years and to participate in the rehabilitation program to which I have referred?

7OFFENDER:  Yes, Sir.

8HIS HONOUR:  Yes, all right.  I am ready to pass sentence upon you.  Would you stand please?  Look, do not stand if it is a struggle, sit down, I do not mind, you can sit down, that is all right.  You are up now, it is probably better to stay up then.

9For the offence of trafficking methamphetamine, Charge 1, I convict you and sentence you to imprisonment for a period of 92 days.  For cultivating a narcotic plant I convict you and sentence you to imprisonment for a period of 30 days.  For possessing cannabis, I convict you and discharge you.  For being a prohibited person in possession of a firearm, I convict you and sentence you to imprisonment for a period of 92 days.  For the summary offence to which you have pleaded guilty, of possessing an unauthorised explosive, I convict you and discharge you.  I declare 92 days as presentence detention as time to be reckoned as served on the sentence that I have imposed, and deducted administratively, which means that you will not have to serve any more time.  In respect of Charge 1, and Charge 2, and Charge 4, I also order that you be the subject of a community correction order for a period of two years.  In addition to the core conditions, you will be required to be under the supervision of the community corrections department for that period of two years, as well as participating in rehabilitation programs designed to deal with your drug issues, and also your medical issues. That order will be drawn up, and you will be asked to sign it in a minute.

10But for your pleas of guilty, I would have sentenced you to six months' imprisonment and ordered you to serve a community correction order in the same terms as I have just outlined.  You can take a seat.  Any other orders?

11MS BURNETT:  There is a forfeiture and disposal.

12HIS HONOUR:  That is right, I have not signed those, I will do that whilst the orders are being drawn up.

13MS BURNETT:  Thank you, Your Honour.

14HIS HONOUR:  I make the forfeiture and disposal orders in terms of the draft that have been supplied.  Yes, those orders are signed.

15MS BURNETT:  Thank you, Your Honour.

16HIS HONOUR:  Thank you.  Mr Melasecca, would you accompany my associate to your client to ensure that he understands what he is signing?

17MR MELASECCA:  I will, Sir, thank you.  That is signed, thank you,
Your Honour.

18HIS HONOUR:  Thank you.  Yes, all right, you can leave the dock now.

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