Director of Public Prosecutions v Cooper

[2022] VCC 320

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR-21-01465

DIRECTOR OF PUBLIC PROSECUTIONS

v

PATRICK BERT COOPER

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JUDGE:	HIS HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	9 March 2022
DATE OF SENTENCE:	10 March 2022
CASE MAY BE CITED AS:	DPP v Cooper
MEDIUM NEUTRAL CITATION:	[2022] VCC 320

REASONS FOR SENTENCE

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Subject:

Catchwords:  Supply a drug of dependence to a child and Possess a drug of dependence

Legislation Cited:

Cases Cited:

Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Cordy	OPP
For the Accused	Ms A. Haban-Beer	Rolfe Criminal Law

HER HONOUR:

1Patrick Bert Cooper you have pleaded guilty to supplying a drug of dependence to a child and possessing a drug of dependence.  In respect of the latter, it was conceded that your possession was not for a purpose connected to trafficking.  The maximum penalties are 15 years imprisonment and/or 1000 penalty units and 1 year and/or 30 penalty units respectively. 

2The circumstances of your offending are set in the Summary of Prosecution Opening for Plea dated 8 March 2022, Exhibit A.   

3By way of background, Melanie Argent[1], the complainant, from the age of about 12 years had begun displaying behavioural problems including absconding from home and consuming drugs and alcohol.  Due to the nature of these issues the Department were involved.  On 29th August 2020, when she was aged about 14, she went with her friend to Bendigo where they spent the following two weeks ‘couch surfing’ and generally mixing with the ‘wrong crowd’. 

[1] A pseudonym.

4On Thursday 10th of September 2020, they both attended and stayed overnight at the residence of Kenny Moran in Golden Square.  The next day at approximately 1.00 pm, you arrived at the house at Golden Square to speak with Kenny Morgan.    At approximately 9.00pm you returned and the complainant sought you out for a smoke during which she exchanged her Snapchat username with you and then you left.  You continued exchanging Snapchat messages and arranged to pick up the complainant from the Golden Square address, telling her you would give her ice or methylamphetamine if she came.  She agreed.  You collected her later that night and drove to your address in Kangaroo Flat. 

5In the car she noticed you had monitoring devices fastened to your ankles and you told her you were on parole.   You drove to your house via McDonald's and told her your mum was out of town.  This house is your aunt’s place so she had moved out and was staying with her daughter. 

6At about 10 to 10 you arrived at the Kangaroo Flat house and soon thereafter you produced an ice pipe containing crystal methylamphetamine.  You then held and heated the glass pipe with a lighter while the complainant inhaled the smoke.  That is the circumstances of Charge 1.  As she did this, the complainant used her mobile phone to record herself smoking from the pipe.  She later posted that video on Snapchat.   You then watched a movie together and she stayed overnight.

7At approximately 12.00pm, you drove her back to the Golden Square house.  On Saturday 12th of September 2020, the complainant’s mother, Mariana Cummins[2], received a text message from Angela Morell[3] advising that the girls were at the Golden Square house.   Her mother then contacted the Bendigo Police.

[2] A pseudonym.

[3] A pseudonym.

8On Saturday 13th of September 2020 at approximately 8.00am, police arrived at the Golden Square address and found the complainant in a bedroom.  She was apprehended on a safe custody warrant and ultimately placed in Secure Welfare in Melbourne.   

9She told police she was staying at the Golden Square house with Kenneth Morgan who was providing her with ice and cannabis for free, that a male came to the house though she would not say who, stating that he would know if she told, that the male had invited her back to his house.  She would not disclose the address, the car or the route that was taken.  She told police that she was provided with ice which you smoked together. 

10On a later date the complainant told her mother that she was smoking out of the pipe in the video and it was you who was holding it for her as you did not want her to burn it.

11On 21st of January 2021, police executed a warrant at your house at Kangaroo Flat.  You told them that you wanted to retrieve a T-shirt from your bedroom. In the bedroom you leant over the bed and attempted to ‘grab something.  Police then restrained you.  On the bed police located and seized a quantity of methylamphetamine in a small plastic resealable bag.  That is Charge 2.  Also on the bed the police located a device known as a Wizzinator that can be used to supply clean drug screens.

12When interviewed by police you made no comment and denied ownership of the drug.  You were charged and remanded into custody.

13A victim impact statement prepared by the complainant’s mother and read by the learned prosecutor.  She notes that you knew the complainant's age, her family and that you still went ahead and gave her ice.  You had no care of what harm you were was doing with her at all.   Her mother talks about the effect on the complainant of using ice, the violent reactions she has had and the impact it has had on the family.  She feels their relationship has been damaged by the crime, that the complainant does not understand that her mother was not able to keep her safe at home and the effect of the complainant’s behaviour on the other children in the family. Her mother has concerns regarding the complainant’s drug use and mental health and the impact on the complainant’s intellectual disability as a consequence of your offending.  Her mother is concerned the long term plan for her daughter to return home to her care still seems a distance away.

14You are currently aged 38 and have been in custody since 21 January 2021.  On 21 January 2021 your parole was revoked and you are serving the balance of the sentence for which you have been on parole.  Your current earliest possible release date is 21 October 2022.  You have spent the last 14 months in custody, with a period of approximately 10 months on parole in the community when this offending occurred.

15I have had available to me the sentencing remarks of His Honour Michael Bourke in respect of that previous matter and adopt the same outline of your personal circumstances as contained in those remarks, in addition to those contained in the written submissions filed on your behalf, Exhibit 1.

16You are one of nine children and were raised in the Echuca and Cummeragunja area.  You are Aboriginal of the Yorta Yorta people.  Your father died when you were 16.  When your mother moved with the younger children you remained in the area with older members of the family and you remain in contact with many of your siblings.

17You went to school until Year 8 for a time at the Worawa Aboriginal College in Healesville.  After school you returned to country.  You lived and worked in the Cummeragunja mission or community, where your family have been for generations.  I was informed that you are currently studying Certificate II in Engineering though due to COVID the course is on hold.

18You have had various jobs in Echuca on paddle steamers, in car detailing, at Menindi picking fruit and in Melbourne as a driver and cutting railway sleepers.  You have maintained motivation to be employed and have been gainfully employed most of your life.  I understand you are able to return to work at the Axedale quarry on your release. 

19Your life has been affected by family tragedies.  Three of your uncles have passed.   You lived with one of them and your aunt during your late teen years.  You have been involved in a number of serious car accidents.  Most significantly, your first child died after only 17 hours.  This was at a time when you and your then partner, Timani Edwards, were living in Melbourne.  You returned to Echuca, and impacted by this tragic loss commenced using ice amphetamine.  You had another child, Mirari, though the relationship with her mother ended in 2015.  I was informed that you still have contact with Miriari who is now aged 10 and that your ex-partner is supportive of continued contact given you have a special and close bond to your daughter. 

20You have prior convictions.  Between July 2003 and December 2017 you have had six court appearances.  There are offences of dishonesty, driving offences, one of criminal damage and one of assault, both in June 2010.  You have received different penalties including suspended sentences and community orders, which you were able to successfully complete.   Most seriously, in December 2017 you were convicted of a number of offences including assaults, rape and false imprisonment and sentenced to a total effective sentence of six years with a non-parole period of three and a half years.    That offending also involved your use of ice. 

21I take into account your plea of guilty.  You pleaded guilty to these matters at the committal mention.   At that time, the prosecution did not accept the offer in resolution of these matters.  There is a utilitarian value in the plea.  No witnesses, especially the complainant, have been required to give evidence.  The value of your plea is enhanced given the COVID situation and the impact that has had on the court and the administration of justice in this state.  Your plea has facilitated the course of justice and is illustrative of your acceptance of your responsibility for this offending. 

22I accept that your plea is consistent with remorse.  Your remorse is also consistent with your conduct in ensuring once you realised the complainant was effectively a runaway that she was safely found.

23As has been authoritatively recognised, COVID and the associated restrictions have made conditions in custody more burdensome.  The availability of programs is limited and movement of prisoners restricted.  Other services and visits are reduced.  You have not been able to see your daughter and your communication is limited to phone contact.  I take the fact that due to the pandemic conditions in custody are more difficult.

24Your counsel submitted there are features all go well for your rehabilitation, your plea of guilty (indistinct) you have the support of your extended family community, you have completed courses in custody during 2019 and 2020, see Exhibit 2, and you are currently wait listed for AAD screening to determine your current AAD needs.  You are hopeful of being accepted into a Soboxone program.

25I should indicate I did receive an email that indicated that it was not certain that you would be able to be eligible for such a program.  I note (indistinct) put your chances of rehabilitation in a better light, that you continued abstinence from drug office.  That situation remains.  There were a number of aggravating features to this offending.  You assisted the complainant in administering ice to herself.  The relevant ages between you, even if you did not know her actual age it was clearly apparent she was substantially under and that she was of an age that she should not have been engaging in ice use.   The impact and consequences for the complainant and her family as expressed in the victim impact statements and finally, you were on parole when this offending occurred.

26Your counsel conceded that a term of imprisonment was warranted.  General and specific deterrence are important sentencing considerations given your prior history and the impact of the availability of ice to children in our community.  Those that facilitate access by children to drugs need to know they will be punished.  Denunciation and just punishment are also important sentencing considerations.  These must be balanced with matters personal to you, including your plea of guilty.

27Further, the effect of s15 of the Sentencing Act is such that this sentence will be served before any non parole period on your current sentence given that period is suspended until this sentence is complete. I take into account totality. In respect of Charge 1 you are convicted and sentenced to a term of imprisonment of 12 months. In respect to Charge 2, you are convicted and fined $200. Pursuant to s6AAA of the Sentencing Act if you had not pleaded guilty to this matter I would have imposed a sentence of 20 months.

28There is a disposal order I think that has been signed in chambers.  Otherwise is there any other matters?

29MR CORDY:  No, Your Honour, thank you.

30HER HONOUR:  Thank you.

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