Director of Public Prosecutions v Curran

[2016] VCC 331

Pages 1 - 4   IN THE COUNTY COURT OF VICTORIA

Revised (Not) Restricted Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-00286

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRYCE CURRAN

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	17 March 2016
DATE OF SENTENCE:	17 March 2016
CASE MAY BE CITED AS:	DPP v Curran
MEDIUM NEUTRAL CITATION:	[2016] VCC 331

REASONS FOR SENTENCE
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Subject: Trafficking methylamphetamine and possessing a precursor chemical.
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Regan	OPP
For the Offender	Ms N. Kaddeche	Melinda Walker

HIS HONOUR: 

1Mr Bryce Curran, would you stand up please.  You have pleaded guilty to two serious criminal offences, one charge of trafficking in a drug of dependence and one charge of possession of precursor chemicals.  As you heard the prosecutor say, these charges have 15 year and five year maximum penalties respectively.  You have also admitted a prior criminal history in Queensland, predominately for possession of items to do with the consumption of cannabis.

2The facts of your offending are set out in Exhibit A, the prosecution opening and an agreed statement of facts.  There is no need to repeat them and I sentence you on the basis of the facts set out therein.  It sets out your involvement in the movement of 15.1 grams of methylamphetamine between January and March of 2014.  You were also involved in a joint enterprise to import to Victoria and sell phosphorous acid which someone had put you onto in Queensland, the phosphorous acid is used to deal with pineapples but is also a precursor chemical for the manufacture of methylamphetamine.  You had 50 kg of phosphorous acid in your possession when the police arrested you.

3Your personal history is set out in the report of Gina Cidoni, which is really of limited value as I have heard about you before you arrived today, as I sentenced your father this morning.  You went to Queensland as a boy.  You became a painter like your father and you have worked hard as a qualified painter.  As a result of coming back to Melbourne after your uncle died, you became involved with your cousins and your father and others in what was an extensive drug network.  But you are nowhere near the top of the people involved in running that network.  The prosecution concede that your role was limited.

4You have suffered significantly as a result of this court case; that your wife left you taking your two children back to Queensland.  You have two daughters who are still young.  You still see them, they are flying down to see you tomorrow and apparently you are successful enough as a painter to be able to financially afford to support them and transport them back and forward.  You have a good job, your counsel tendered a reference from your current employer who thinks highly of you and your work history is commendable. 

5This is a step up in criminal offending for you.  As I explained to your father, people who deal in ice, methylamphetamine, usually go to gaol.  Every day in this court I see people whose lives have been ruined by ice.  It nearly ruined yours.  You have spent 20 days in prison, and I'm not sure you would have enjoyed that.  You should know people go to gaol every day for  trafficking. 

6In considering sentencing options for you, I intend to release you on a community corrections order.  The Court of Appeal has said that this is a punishment in itself.  You will have community work hours to complete over a two year period.  You breach the order by any offending, you will be brought back in front of men and I will resentence you for this and you do not want to be going back to prison. 

7This sentence is recorded and transcribed so if you come back I will be reciting these words to you saying "You were told." 

8This is your opportunity to get some help to remain drug free, because I am told you are not using anymore.  Stay off drugs, work hard and clean your life up.

9The sentence of the court is on the two charges to which you have pleaded guilty, you are to be released on a community corrections order for two years.  You are to perform 300 hours of unpaid community work.  You are to be under supervision and undertake programs to reduce your offending and that involve drug programs.  Are you prepared to undertake such an order?

10OFFENDER:  Yes.

11HIS HONOUR:  You are to report, you have got an appointment made already?

12OFFENDER:  Oh no, I've got to ring them once I leave here.

13HIS HONOUR:  All right.  You have got to report to the ground floor of the Reservoir community corrections officer within 48 hours from today.  Come forward and have a seat behind your counsel.

14ASSOCIATE:  Any treatment orders to be considered?

15HIS HONOUR:  No.

16ASSOCIATE:  No supervision, Your Honour?

17HIS HONOUR:  Yes, there is supervision, supervision unpaid community work programs to reduce offending.  It is what they have recommended, and drug assessment and treatment.  Even if you get caught by the police with cannabis that will breach your order as well.  As any offence punishable by imprisonment will see you back here and you are too old be doing this stuff anymore.  All right.  Have a seat.  These sentencing remarks are about as inelegant as the ones I delivered this morning.

18MR REGAN:  Just the 6AAA.

19HIS HONOUR:  Yes, I will do that now.

20MR REGAN:  Yes, sorry, I've overstepped, I'm reminded that it's not necessary in the ‑ ‑ ‑

21HIS HONOUR:  But for a plea of guilty?

22MS KADDECHE:  No, when a community corrections order's imposed, Your Honour doesn't have to give a 6AAA.

23MR REGAN:  Yes.

24HIS HONOUR:  Well I can indicate if he had not have pleaded guilty and had been convicted you would have gone to gaol.  But who knows for how long.  All right.  As I say, these sentencing remarks would be a lot tidier if I thought it was going anywhere else other than here, but I am sure it will not be.  All right.  I will adjourn now till 11 tomorrow.

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