Director of Public Prosecutions v Curran

[2016] VCC 300

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-00285

DIRECTOR OF PUBLIC PROSECUTIONS

v

ROBERT BRUCE 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 300

REASONS FOR SENTENCE
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Subject:  Traffick methylamphetamine &
Catchwords:  Possess a precursor chemical
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 Z. Broughton	VLA

HIS HONOUR:

1You can have a seat until I get to the end of this.  Robert Bruce Curran, you have pleaded guilty to one charge of trafficking and one charge of possessing a precursor chemical.  The facts of your offending are set out in Exhibit A, the prosecution summary of agreed facts.  There is no need to repeat them in these reasons for sentence and I sentence you on the basis of the facts set out therein. 

2The prosecutor conceded your role was a limited one in a drug enterprise that was being undertaken by others.  You aided and abetted a friend of some years by moving drugs and money as set out in the summary and on one occasion purchased seven grams of methylamphetamine yourself.  You also were involved in a venture to import and bring to Victoria and sell phosphorus acid which was obtained from Queensland.  You planned to make money on the phosphorus acid with others.  You did not have any in your possession when you were arrested. 

3You have admitted a relevant criminal history but it is somewhat dated.  You have a conviction for trafficking when you were a young man in 1989.  You have other possession charges before that and you have been convicted of possessing cannabis in Queensland since.  The trafficking charge is of concern.  However it was long ago and the sentence you received was a suspended sentence and does not change the disposition I propose to make in this case. 

4Your counsel outlined this morning your previous history and your background.  You grew up in the West Heidelberg area, one of six children and your father separated from your mother when you were very young and you lived in what your counsel described as abject poverty, surviving on your mother's pension.  Fortunately for you, you managed to escape your humble background by leaving school when you were 13, undertaking and completing a five year painting apprenticeship.  You had been in full employment both here and in Queensland since 1990 as a painter. 

5You have married.  You have four children who are all grown up and you are a grandfather five times.  You have a strong work history and you have strong ties in Queensland. 

6Your involvement in this offending came about because you returned to Victoria to care for your brother who was suffering from a brain tumour, and as the reference tendered on your behalf deposed, you spent months looking after him and then subsequently looked after your mother because of her dementia until you were able to find aged-care accommodation for her.  Your return to Melbourne facilitated your involvement in the drug activity to which I referred. 

7Initially I declared my reservations about imposing a non-custodial sentence.  Drug dealing in ice is a dreadful crime.  It causes much damage in our community.  This court sees on a daily basis people whose lives have been ruined by ice.  I am told you no longer use drugs although you have used ice in the past.  I hope this is a thing of the past.  If you commit an offence you will be back in front of me and you do not want to come back in front of me.

8In considering sentencing options for you, I have agreed the appropriate disposition is a community corrections order.  The prosecution did not contend that a custodial sentence was required for your offending and on balance I have determined to accede to your counsel's submission and release you on a community corrections order for a period of two years.  It will be a special condition of that community corrections order that you perform unpaid community work for 300 hours, that you be under supervision and that you undertake programs to reduce your offending.  Are you prepared to undergo such an order?

9OFFENDER:  Yes, Your Honour.

10HIS HONOUR:  You are to report to Reservoir Community Corrections at - it is in High Street, Reservoir, before 4 pm on 21 March.  Go there as soon as you can and get your hours started and your programs started so you can get back to Queensland. 

11I indicate that but for your plea of guilty I would have imposed a term of imprisonment, the exact duration of which I cannot at this stage ascertain.  By pleading guilty you have spared the community the cost of a trial and you are entitled to a benefit of that plea and that is a significant factor, together with the matters urged by your counsel, in determining to release you on a community corrections order.  All right.  So will you have that prepared, Madam Associate?

12ASSOCIATE:  I am, Your Honour.

13HIS HONOUR:  You can have a seat.  These reasons for sentence could be more elegant but in the circumstances I think they will do.

14MS BROUGHTON:  Very much so, yes.

15HIS HONOUR:  We are told we should not ex temp because we might get emotional.  By the Court of Appeal of course.  Put those on the file, Billy.  Sorry, I have got the file.  Hang on.  There are the other ones.  Have you got indictments and things for the ‑ ‑ ‑

16All right.  Would you take your client down and have him sign that?  You can leave the dock and come and sit up here behind your counsel.  Mr Curran, ice is an ugly drug that causes a lot of problems and you should consider yourself fortunate and you do not want to come back.  I will stand down until when? 

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