Director of Public Prosecutions v Dorrington

[2013] VCC 1377

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

AT BENDIGO

CRIMINAL DIVISION

DIRECTOR OF PUBLIC PROSECUTIONS

v

SUSAN DORRINGTON

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JUDGE:	HER HONOUR JUDGE CAMPTON
WHERE HELD:	Bendigo
DATE OF HEARING:	17 September 2013
DATE OF SENTENCE:	17 September 2013
CASE MAY BE CITED AS:	DPP v Dorrington
MEDIUM NEUTRAL CITATION:	[2013] VCC 1377

REASONS FOR SENTENCE
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Subject: One charge of cultivating a narcotic plant (commercial quantity of cannabis) – four kilograms – 51 year old female – No prior convictions.                  
Catchwords:            
Legislation Cited:    
Cases Cited:            
Sentence: Two years imprisonment, 18 months suspended for 2 years.                 

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr P Jones	Office of Public Prosecutions
For the Accused	Mr R Cameron	Petersen, Westbrook, Cameron

HER HONOUR:

The Charge

1       Susan Dorrington, you have pleaded guilty to one charge of cultivating a narcotic plant, namely cannabis in a quantity that is not less than a commercial quantity.  A maximum sentence for this offence is 25 years imprisonment. 

Circumstances of the offending

2       The circumstances of your offending are that on 29 March 2013, the police attended at your unit in Castlemaine and executed a search warrant.  During this search the police located 71 resealable plastic bags containing cannabis, 36 glass jars containing cannabis, 21 glass and plastic containers containing seeds and large quantities of resealable plastic bags.  The total weight of the cannabis seized was four kilograms.  A search of the rear and side of your property located 106 mature cannabis plants. 

3       You were arrested and interviewed at the Castlemaine Police Station, where you made full admissions to cultivating cannabis.  You claimed that you grew it for self-medication for depression. 

Personal circumstances

4       Your personal circumstances are that you are 51 years old.  You grew up in East Bentleigh.  After leaving school you trained as a nurse and you have worked in various jobs in this field.  You moved to Castlemaine in 1989, where you were in a relationship with Mr Lemmon.  You have two boys from that relationship.  You eventually separated.  You have been in another relationship since 1996.  Your partner is a truck driver and does not use drugs.  You are currently working delivering food, as a kitchen hand and cleaning. 

5       You, yourself have used cannabis for a long time.  You have suffered from depression for many years and you have used it to self-medicate.  At various times you have tried to cease using it by trying alternative therapies and seeking help from a psychologist. 

Sentencing submissions

6       Your  counsel informed the court that the crop found at your premises had been your last crop.  You had instructed him that you intended to store the cannabis obtained from the crop and use it for yourself until it ran out.  You did not intend to grow any more cannabis after this crop. 

7       The substance of his plea on your behalf was that the cannabis was cultivated for your own use.  Much of cannabis and seeds found in the jars were submitted to be old material which was not good for smoking.  The resealable bags were explained as being used to prevent the cannabis from getting wet when you went on camping trips.  The large quantities of empty bags were said to be for the same purpose and also for food. 

8       While I accept that you cultivated the cannabis in part for your own use, given the number of plants and quantity of cannabis found at your premises, I do not accept that it was totally for you own use.  The crop is simply too large for this to be plausible and the reason given for possessing the 71 resealable plastic bags containing cannabis was not convincing.  The photographs revealed that you had gone to considerable lengths to conceal the crop from prying neighbours and the number of glass jars you possessed were obviously not only for jam. 

9       

What you do have going for you is the fact that you have no prior convictions.  You have pleaded guilty at an early stage and saved the expense of a trial.

In addition I accept that your chances of rehabilitation are good in that you have been substance free since the police raid.  You have attended alcohol and drug counselling at the Sunbury Community Health Centre to address your issues around cannabis dependence. 

10      In sentencing you I have taken these mitigating factors into account and I have given you a discount for your plea of guilty.  I have also accepted that you are remorseful for your offending and that you realised you have wasted a lot of time by self-medicating.

11      However I must balance these mitigating factors with the need for general deterrence.  Others must be discouraged from growing and cultivating cannabis. 

12      The prosecution provided a sentencing range of two to three years, to serve one to two.  Your counsel sought a Community Corrections Order. 

Sentence

13      I consider that your offence calls for a sentence of imprisonment, however due to the mitigating factors in this case, I am prepared to suspend part of the sentence I am about to impose. 

14      On the charge of cultivate, not less than a commercial quantity of cannabis, you are sentenced to two years imprisonment.  18 months of that sentence is suspended for two years.  This effectively or essentially means that you will serve a sentence of six months.  When you are released after serving the six months, the 18 months, the rest of the sentence, remains hanging over your head for a period of two years.  If you were to breach it, unless you could show exceptional circumstances, you would have to go back inside and serve the remainder of the sentence. 

15      6AAA, but for your plea of guilty, you would have been sentenced to three years, to serve two years. 

16 I make the orders sought in relation to the destruction of the cannabis found. And I make an order, pursuant to s.64(ZF)(2) of the Crimes Act, because it is by consent and in the interests of the public. Yes, is there anything remaining?

MR JONES:  No, Your Honour.

HER HONOUR:  Yes, in those circumstances, I will adjourn the court. 

COUNSEL:  As Your Honour pleases

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