Director of Public Prosecutions v Delcampo

[2017] VCC 499

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-00387

DIRECTOR OF PUBLIC PROSECUTIONS

v

TROY DELCAMPO

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JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	2 May 2017
DATE OF SENTENCE:	3 May 2017
CASE MAY BE CITED AS:	DPP v Delcampo
MEDIUM NEUTRAL CITATION:	[2017] VCC 499

REASONS FOR SENTENCE
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Subject:  Traffic drug of dependence (one charge)
  Possession (two charges)
Sentence:                  Two year Community Corrections Order

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms M. Mahady
For the Accused	Mr C. Farrington

HIS HONOUR: 

1Troy Delcampo, you pleaded guilty before me yesterday to one charge of trafficking in a drug of dependence, namely 1,4 Butanediol and two charges of possession of a drug of dependence.  In respect of Charge 2, the drug possessed was also Butanediol and in respect of Charge 3, the drug of dependence was methylamphetamine.

2The maximum sentence for trafficking simpliciter is 15 years' imprisonment and the maximum sentence in respect of each of Charges 2 and 3 is 30 penalty units or imprisonment for one year.  In respect of each of Charges 2 and 3, the prosecution appropriately concedes that you did not possess the drugs the subject of each of those charges for the purpose of trafficking.

3The circumstances of your offending are contained in a lengthy prosecution opening that was tendered and marked as Exhibit A.  It was summarised to the court by the learned prosecutor, Ms Mahady and so far as you were concerned, it was accepted as being accurate and as forming a proper basis upon which I can proceed to sentence you by your counsel, Mr Farrington.

4It is not necessary that I here set out in detail that which is contained in the prosecution summary but these sentencing remarks need necessarily be read in the light of what is there contained in detail.  I will just refer to that in a very brief way.

5Your offending in Charge 1 occurred between 1 July 2016 and 8 September 2016.  During that period of time, it is alleged that you trafficked 750 milligrams of the substance 1,4 Butanediol.  You were found to be in possession of 250 milligrams of 1,4 Butanediol for your use and the use of your wife and that is the subject of Charge 2 and 1 gram of methylamphetamine that is the subject of Charge 3.

6Your offending was identified in an extensive and covert police operation aimed principally at other offenders, two of whom also pleaded guilty to other more serious charges before me yesterday, namely Cindy Simenovski and Damien Ceppi.  Your offending was entwined in their offending and thus came to the attention of police.

7You importantly I think have pleaded guilty to the charges and I treat you as having done so at a reasonably early time.  I say reasonably early because you were arrested on 8 September 2016 and you were remanded in custody and on 29 September.

8You were bailed on 29 September of 2016 and there was a condition of bail that you enter a 90 day residential rehabilitation.  You have been for a long period of time a drug addict and you were addicted at the time of offending to the drug that you possessed for the purposes of Charge 2.

9There was a committal mention on 6 January of this year and the matter was adjourned to a contested committal hearing and then you went to a contested committal on these and other charges on 2 March 2017.  After that committal hearing, there were discussions which resolved the matter into the charges that you have now pleaded guilty to.

10When you were charged with other offences, you were entitled to contest them, as you did, and I do not hold it against you for the purposes of sentencing that you went to a contested committal hearing.  That is why I say that I treat you as having pleaded guilty at a reasonably early stage.  By your pleas of guilty, you have saved the time and cost of a trial and there is public benefit in that.  Also by your pleas of guilty I have taken the view that they signify genuine remorse on your part.

11You are now 33 years of age, you were 32 at the time of your arrest.  You were born in Melbourne and your father was in court yesterday to support you, your mother having passed away some eight years ago.  You are a married man and your wife was and is in court to support you.  You have been married for a period of some five years.

12You were educated at primary school in the northern suburbs and you also attended secondary college in the northern suburbs.  You left partway through Year 12 to commence a retail traineeship at Coles but after several years you commenced work as a painter and you have worked as a painter for a number of years.  I received into evidence a reference from your employer where you are currently employed on a part time basis whilst using your spare time to undergo counselling and treatment for your drug addiction, which to date has been successful.

13You have been frank about your drug dependency and it would appear that you have taken appropriate steps to do something about it.  I admitted into evidence two reports from Arrow Health where you have attended for counselling and treatment and thus far successfully.  You have remained drug free since your apprehension.

14Your wife has also sought treatment at the Austin Hospital.  I received a report or discharge summary from the Austin Hospital relating to the treatment that she has had.  In more recent times you have attended upon
Mr Andy Drumonidis, a psychologist, to commence counselling with him.

15I received into evidence a number of references or testimonials relating to you.  Each of the testimonials speaks highly of you.  You are well regarded in the community.  You have contributed a lot in terms of work.  You have never been out of work.  You are regarded as a hard worker and a trustworthy worker.

16You have no prior convictions and this is your, it would seem, first encounter with the legal system.  You travelled a well-worn path to drug addiction, and by that I mean, that the path to drug addiction is well known to judges of this court.  You commenced by smoking marijuana  at the age of 15.  You then commenced ingesting, GHB which is a drug similar to 1,4 Butanediol, at the age of 25 and you moved to methylamphetamine at the age of 28.

17At the time of your arrest, you were a daily user of Butanediol.  You and your wife were using it several times a day but as I say, having gone through a very hard process immediately after your arrest, you have remained drug free and this is verified by a number of urine screens.

18I take into account the fact that you have got no prior convictions and you are otherwise a person of good character.  This offending, although serious and prevalent, was offending in a context where you were trafficking to support your drug habit but that does not excuse the offending. It does explain it and I think distinguishes you from people involved in trafficking purely for greed.  I have regard to the fact that the drug that you were said to be trafficking is relatively cheap.

19I have taken into account your prospects for rehabilitation.  Your counsel said that I should regard them as, "Nothing other than excellent".  For reasons discussed in court yesterday, I will not go to that extent.  I think it is somewhat extravagant and I mean no criticism by that but I do regard your prospects of rehabilitation as reasonably good.  Time will tell.

20Experience has shown me that one must be cautious when proceeding to make predictions about rehabilitation where the offender has been in the past addicted to drugs.  I hope that the submission put forward by
Mr Farrington is borne out but as I say, time will tell but I am prepared to say that I think your prospects for rehabilitation are reasonably good and I should not impose a sentence that will interfere with that pathway to rehabilitation.

21In offending of this kind, the sentence imposed must properly reflect proper application of the principle known as general deterrence.  Because it is a prevalent offence, offenders who would seek to proceed as you have need to be deterred by the sentence imposed.  The sentence must also reflect appropriate denunciation of the offending.

22I am of the view that the purposes of sentencing here can be achieved by the making of a community corrections order in respect of Charge 1 and the imposition of a small fine in respect of Charges 2 and 3.  To that extent, I have had you assessed by the Department of Justice and you have been assessed as low risk of re-offending and as suitable for the making of a community corrections order which I will make in respect of Charge 1.

23In respect of Charge 1, you will be convicted and sentenced to - I will make a community corrections order with conviction for a period of two years and there will be conditions that you undertake 150 hours of unpaid community work and that you engage in programs for treatment and rehabilitation for your drug addiction.

24There will also be conditions that you undergo supervision by the Department of Justice and judicial monitoring by myself every six months.  That means that you will have to come back unfortunately and see me every six months, at least in the first six months or so, and we will see how we go.  Do you understand?

25OFFENDER:  Yes.

26HIS HONOUR:  Now, you need to understand, Mr Delcampo - I am sure your counsel has already told you this and probably the assessor has also - but the community corrections order will be for a period of two years.  You must not commit any offence punishable by a term of imprisonment in that time.  If you do so and you are apprehended and convicted, you will be brought back before me and face the prospect of being re-sentenced on these charges.  Do you understand that?

27OFFENDER:  Yes.

28HIS HONOUR:  You also must comply with all the conditions of the community corrections order, otherwise you can be in breach of the order if you breach those conditions, do you understand that?

29OFFENDER:  Yes.

30HIS HONOUR:  Very well.  Just come forward out of the dock if you would thank you.  Now, the prosecution also sought a disposal order, I think.

31MS DOYLE:  Yes, Your Honour.

32HIS HONOUR:  I will make that disposal order when I sentence the other offenders.

33MS DOYLE:  Yes, Your Honour.

34HIS HONOUR:  But Mr Farrington, if you could just note that I will make that - I assume that that is not opposed.

35MR FARRINGTON:  No, Your Honour.

36HIS HONOUR:  And I will make it when I sentence the other offenders if that's convenient.

37MR FARRINGTON:  As Your Honour pleases.

38HIS HONOUR:  Are there any questions arising out of that.

39MR FARRINGTON:  Yes, Your Honour.  I don't believe Your Honour declared the fine.

40HIS HONOUR:  Sorry, I did not either.  On each of Charges 2 and 3 you are convicted and fined the sum of $250 and I will grant a stay of three months for the payment of that.

41MS DOYLE:  As Your Honour pleases.  Your Honour, may I just confirm the amounts in relation to Charges 2 and 3.  I may have misheard the amount but in relation to Charge 2, it should be 2750 mils.

42HIS HONOUR:  That is correct.

43MS DOYLE:  And in relation to Charge 3 .1 gram.

44HIS HONOUR:  I do not think I referred to either of them.

45MS DOYLE:  Just for the record, Your Honour.

46HIS HONOUR:  But that is referred to in the summary.

47MS DOYLE:  Yes, Your Honour, thank you.

48HIS HONOUR:  Thank you, Ms Doyle.  Have I overlooked anything else?

49MR FARRINGTON:  No, Your Honour.

50HIS HONOUR:  Thank you for your assistance, Mr Farrington.  Mr Delcampo, on the rising of the court you are free to leave.

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