Director of Public Prosecutions v Fogarty

[2016] VCC 207

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

AT WANGARATTA
CRIMINAL JURISDICTION

CR 15-01580

DIRECTOR OF PUBLIC PROSECUTIONS

v

JESSICA FOGARTY

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JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHERE HELD:	Wangaratta
DATE OF HEARING:	07 December 2015
DATE OF SENTENCE:	01 March 2016
CASE MAY BE CITED AS:	DPP v Fogarty
MEDIUM NEUTRAL CITATION:	[2016] VCC 207

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Perry with Ms E. Hill
For the Accused	Mr G. Douglas

HIS HONOUR:

1Jessica Fogarty, you have pleaded guilty to one count of trafficking a drug of dependence not less than a commercial quantity, namely methylamphetamine; one charge of trafficking a drug of dependence, cocaine; one of handling stolen goods being a laptop computer; one of burglary at an address in Chiltern; one of theft of a motor vehicle, household goods, tools and ski equipment in September 2014; and one of dealing with proceeds of crime, jewellery, cash, electronics, computer equipment and motor vehicles.  

2Comprehensive prosecution summary was exhibited and will be retained on the Court file.  For purposes of this sentence I will endeavour to summarise the material in this way.

3You gave an indication of an early plea of guilty and waived committal proceedings, accepting effectively the hand-up brief in the matter, which is extensive.

4You admitted your prior criminal history which ranges from 2011 to 2014 when you were remanded in custody on these matters.

5You were arrested on 11 September 2014 on these matters and have been on remand since.

6You made statements to investigators on 28 August and 10 September 2015 indicating the extent of your trafficking and you have given an undertaking to evidence on oath in accordance with these statements.  The prosecution acknowledges the substantial value of your cooperation.

7Together with Tymms and co-accused Short you sourced and then on-sold illicit drugs to other street level traffickers and users throughout the period of the indictment.  You played a prominent role and were influential in controlling prices and availability of methylamphetamine, commonly known as ice, in Victoria's north-east.

8As of 2012, and until your arrest, police targeted you, your co-accused and associates, resorting to warrants and arrests which were not sufficient to disrupt your criminal enterprise which included dealing in large quantities of ice and other illicit drugs using multiple residences fitted with surveillance systems; providing residence to other co-accused to traffic drugs from; purchasing, confiscating and leasing numerous vehicles; using numerous telephones in fictitious names and encrypted devices to avoid detection; leasing and using facilities to store drugs, firearms and proceeds of crime; laundering money through TAB betting accounts belonging to associates; trading in stolen goods; stealing firearms and trafficking them; and utilising other criminal associates as enforcers to obtain payment of alleged drug debts.

9The Wangaratta region in particular saw sharp increase in firearm-related burglaries between the latter part of 2013 into early 2014, some of your co-accused were arrested and found to be in possession of firearms, which were sometimes used as a commodity to pay for drugs and sold or traded to other associates.  It was not alleged that you directed these firearms to be stolen, but you were aware that that was occurring in the course of your activities.

10You and Tymms were at the highest level of the drug activity and were considered the main distributors of ice in the Wangaratta region over an extended period, namely between 2010 and 2014.  At the time of your arrest, you and Tymms had been unemployed since 2011 and were residing in Wangaratta at a rental of $440 a week.  You and Tymms had also leased second premises at a cost of 330 per week.  You both gave financial support to other associates, leased a storage shed, and you owned and maintained multiple motor vehicles including several sports cars. 

11You used numerous traffickers and rewarded them with special prices or payment arrangements on the drugs.  In one of the intercepted phone calls you can be heard saying to an associate, "You come back next day 15, after that 1,450, and lower each day to around 1,250 to 1,300, and also my boss I've worked with them for nearly two years, I get so good because I've been loyal and deliver on credit."  You also said, "I always give everyone a chance, but I have to see payment ongoing for a while first."

12You and Tymms sourced methylamphetamine and purchased in ounce amounts, an ounce being 28 grams, at an average cost of about $8,000 an ounce from numerous sources.  They mostly sold ice in 3.5 gram batches as an eighth-ball, and an eighth of an ounce average price 1,500.  The average profit per ounce of methylamphetamine was about 4,000.  On some occasions you and Tymms sourced and sold ounce amounts to other drug traffickers.  Between July and September 2014, you and Tymms were trafficking an average of 6 to 8 ounces a week, sourced from multiple associations, and those drugs were packaged into smaller amounts and supplied to others within the group.

13There were occasions when you were in possession of up to $40,000 in cash when purchasing drugs from Ciftci, a co-accused. He indicated that upon attending his property, which you did every weekend, you would buy one, two, three, or even four ounces of ice, for which you would pay around $9,000 to $9,500 each.  You would tell him you were able to sell drugs for $22,000 per ounce.  His estimate is that over a period of approximately 18 months, you bought in excess of 170 ounces of ice from him at an average of two ounces per weekend, and paid him 1.36 million.  

14In 2014 and until his arrest, Ciftci supplied you and Tymms between 12 and 14 ounces of methylamphetamine.

15Another co-accused, Wells, stated that over a six month period, he couriered approximately 20 ounces of ice worth about $170,000 to you, Timms and Short.  He described doing runs every couple of days in which Dabbage, another co-accused, could score two ounces of ice each time which he paid $8,000 per ounce.  He would take the drugs back to Wangaratta to you, Short and Tymms, then pay the $8,500 per ounce.  You would then distribute the ice around Wangaratta and other towns.

16Wells indicates that from early 2013 until June 2013 he supplied you, Short and Tymms approximate total of 20 ounces of ice.  Finally, Wells indicated that Tymms was doing runs to Sydney to score.  In terms of monetary sums involved, the estimates the drugs being worth hundreds of thousands of dollars.

17In order to understand the volume and gravity of your offending, I need to recite a number of matters which were contained in the summary to highlight the trafficking enterprise.

18On 31 May 2014 you spoke with Tony, your drug supplier, and discussed money owed for drugs in partnership with a co-accused and drug associate Lam.  You disclosed to Tony that you had met Lam a week earlier and discussed the supply of a quantity of cocaine.  You indicated to Tony you had already contributed 1,000 towards that supply.  Other phone intercepts indicate that you would have received an ounce of cocaine at a cost of between five and $6,000 and passed it to other drug associates for the purpose of on-selling. 

19In May 2014 you were heard requesting Tony's assistance in relation to a co-accused Walker having handed $8,500 without receiving drugs in exchange. 

20In early June 2014 you met Tony and Lam, and according to other telephone intercepts, you received from them an ounce of cocaine at a cost of between five and $6,000 which you then on-sold. 

21On 7 June 2014 you met Jenna, an unidentified customer of yours, and sold her 3.5 grams of ice.

22On 11 June 2014, you told Tony that a female customer of yours was interested in purchasing 3.5 grams of cocaine.  You also informed him that Wells had been released from prison and will assist you in recovering outstanding debts. 

23You and Tymms were wary of police attention and installed video surveillance on your premises and one in particular, you had installed an infra-red sensor to give warning of approaching vehicles and people.  In early 2014, you and Tymms commenced maintaining two residences in Wangaratta, one a safe house.

24On 28 January you took ownership of a car belonging to one Robinson, who surrendered it to satisfy a drug debt. 

25In between December 2012 and March 2013 you operated a TAB wagering account in your own name.  The balance of $25,500 was eventually withdrawn. The account was then closed by the TAB after it became clear it was not being used for wagering.

26You occasionally used the TAB account belonging to your mother.  You made deposits totalling $2,250 and withdrawals of $2,200.  You also used TAB wagering accounts belonging to other persons to pay drug suppliers. 

27On occasion you would also use photographs on your mobile phone to keep record of deposit receipts.  These photos depict TAB deposit receipts totalling $43,000 over a three week period between 6 and 28 December 2013.

28Police also found in your possession copies of deposit slips from drug payments into an account belonging to another co-offender of yours, Webb, for a total of $25,000 over a 15 day period.  The record of his wagering account indicated the sum of $74,000 was deposited at TAB agencies in Wangaratta, and the same amount was later on the same day withdrawn from Melbourne agencies without any wagers being placed.

29The prosecution case is that this conduct was effectively money laundering. 

30In early April 2014 you were recorded discussing laundering drug money with an associate.  You said that you needed to learn how to use your computer so you could legitimise your purchases over the previous two years and what you sold using bank cash deposits.  You and Tymms were recorded accepting stolen property in return for drugs, and on one occasion you instructed Tymms not to trade stolen diamonds for methylamphetamine until you could be certain of their value.

31In late May 2014 Rose, a co-offender, offered you a new release Diamondback bicycle. He was also charged with theft of a laptop computer which he traded to you in return for drugs.

32When required, you resorted to co-offenders and other criminal associates to enforce payment of drug debts by threats of force, or force and intimidation.

33In January 2014, you discussed recovering drug debts with your supplier, Lam.  In talking about a debtor, you were recorded saying, "My mate is going to fuck them over real bad because he fucked me over years ago."  You later advised Lam that you had forced the drug customer to sign over a vehicle to satisfy a drug debt and that you currently had two cars being repaired.  You offered him a car for his personal use, and you also used Wells and Robinson to recover drug debts.

34Wells indicated that in early June he was arrested by police leaving your residence, and was found with a handgun which he had thrown out the window, and approximately 14 grams of ice.  Police found a sawn-off shotgun he had hidden in a teddy bear at his Myrtleford address.  He was then held in custody and stated that you immediately tried to contact him, and when you managed to do so, you asked him to collect your debts for you, as some of your customers were not paying and you needed them to be persuaded.

35In late June 2014 Walker contacted you to discuss certain threats he was receiving from a customer.  You offered to assist, having dealt with that person before.  You also indicated he had obtained a shotgun from Vincent, another co-accused, and he was planning on using it had the threats not stopped.

36In late August 2014 you discussed with Walker arrangements for him to be supplied with a motor vehicle belonging to Robinson which you had in your possession, and gave you $6,000 in cash.

37In early March 2013 Peterson was intercepted leaving your residence and found to be in possession of over $2,000, and told police he had intended to purchase ice.  You were unable to supply him at that time.  A drug warrant was executed at your home address locating, amongst other quantities of OxyContin and Endone, $4,500 in cash, as well as a handwritten drug ledger detailing significant drug sales, amounts totalling $139,000.

38In early June 2013 Wells was intercepted after visiting you, and found to have on him five bags of ice totalling 14 grams, and other drug trafficking paraphernalia. 

39In early June 2013 Latino was intercepted leaving your address and was found in possession of $5,000, a police radio scanner, a bag containing 1.5 grams of methylamphetamine and a drug ledger detailing monetary amounts in excess of $200,000.

40In early August 2013 police intercepted Rudd, another associate, after leaving your address.  He was found with $37,000 in cash, four phones, and 1.5 ounces of ice.

41In mid-December 2013 you communicated with Dale, you supplied ice to him on a regular basis until late July 2014.  He indicated that his usage over time increased and he was supplied by you in following quantities and prices:  a point of ice was $100, 0.5 grams was $300 to $400, 1 gram was $700.  He stated that he purchased from you and used an average of about $400 a week for ice, for a total of about $30,000 over an 18 month period.

42On 10 September you committed a burglary at his premises, on that occasion you took two motor vehicles and other personal property that was later located at your premises.

43On 26 December 2013 you introduced yourself to an identified prospective drug supplier with a view to him supplying ice to you.  You told him you were prepared to pay $8,500 per ounce, that you had a few big clients, if you could source ice at a price low enough to undercut other drug traffickers.  You said to him you had been trafficking in Wangaratta for the previous four years and in Melbourne for two years.

44On 5 February 2014 police executed a search warrant at Short's premises and found you at that address.  You attempted to retrieve a mobile telephone which police seized that has been identified as belonging to you.  The phone contained in excess of 10,000 drug-related communications between November 2013 and February 2014.

45In June 2014 you were admitted to hospital.  You gave instructions to Tymms to secure the items associated with trafficking, to recover outstanding debts and not to supply drugs to anyone without cash payment.  Almost immediately upon your release, you were performing drug transactions. 

46On 21 June 2014, whilst in hospital, having given birth to your daughter, you messaged details of drug debts owed requiring collections to Timms.  You and Tymms received a total of $32,200 from the two previous drug deliveries.

47On 23 June 2014 a motor vehicle rented by Turner and Baffilow was intercepted upon leaving your address.  Police found one ounce of ice and ecstasy, over $10,000 in cash, and another drug ledger with monetary values in excess of $24,000.

48In August 2014 you advised Tymms that Ciftci was awaiting payment for a new supply of ice.  Tymms informed you that Walker needed to collect drug debts for two more customers and you indicated that you could not wait and Ciftci would have become annoyed, making you lose sales. 

49In August of that year Ciftci was arrested at Wangaratta's rail station, found to be in possession of two ounces of methylamphetamine that was destined to you.

50In September 2014 a search warrant was executed at two Wangaratta premises you were renting, police located and seized approximately 10 grams of what is believed to be ice, over $2,000 in cash, prescription medication, and other drugs, jewellery, mobile phones, electronic and computer equipment, TAB wagering card in your name, handwritten records relating to accounts held by Lam, safes, electronic scales, a large quantity of plastic clip-sealed bags, ID cards and documents, surveillance equipment, plastic containers used to attach a container to a vehicle for purposes of transport.  You were interviewed in regards to police investigation.  You made essentially a no comment interview.

51I want to say something about the circumstances, role and nature and gravity of your offending.  The fact that those who use drugs do so voluntarily does not mean drug trafficking is a victimless crime.  The receipt of drugs of dependence is itself a crime, and unlikely to be disclosed by users.  The criminal activity of trafficking is therefore deliberately hidden.  Those who traffic prey on users, distribute free amounts, use credit, and attract, in effect, users in a vortex of addiction, so traffickers have direct victims and customers, and indirect victims, the families of customers and the community around them.

52I consider the possession of weapons in assessing the overall seriousness of the offending.  It is clear that you have some sort of fascination with guns in particular, and your offending promoted the stealing and the exchange of weapons for drugs.  Weapons may be a protective incident of trafficking, but that does not reduce the aggravation by their presence.  Similarly, the use of violence to collect debts by the use of standover men who intimidate, use force and violence to maintain order with those involved and payment for drugs trafficked, was used by you to control your enterprise.

53The duration of the offending is clearly a relevant consideration.  This was an ongoing business of trafficking over a four year period.  The primary indicator of scale is quantity of drug involved, which was traded, paid for, ordered and discussed.  Clearly the scale can be gauged from the huge amounts of money being offered and recorded and for the purchase of the substances.  The evidence which has been mentioned and accepted adequately describes the scale of the trafficking being in the millions of dollars.  Even in your own estimation, what was owed to you was between five and ten millions of dollars. 

54Assessing the gravity of trafficking is facilitated by an analysis of the planning involved.  Here the circumstances surrounding the offences (as they can be gleaned from the summary) demonstrate a relatively careful plan over a considerable period to ensure its success.  The deliberateness and premeditation with which the trafficking was put in place shows that the trafficking was not driven only by addiction, but largely by greed. It came about as a criminal mindset which ignored social damage and falls to be described as contumacious lawlessness.  The undertaking had all the hallmark of a substantial business involving the exploitation of those who had a drug dependency with all its misery.

55As I have said, the law emphasises quantity as the main indicator of gravity, and not values.  Despite that, the assessment of drug value can be a guide to gravity to assess the level of actual anticipated benefit to the offender.  In that context, I repeat the comments I just made.

56Given all of these factors, there can be no doubt that the evidence establishes a continuing trade of business of dealing drugs on regular and commercial basis and the transmission of drugs from source to consumer, what is usually called a Giretti count.  Such a count encompasses aggravating circumstances, which may include planning systems, organisations and commerciality, all of which calls for severe punishment. 

57It appears to be an agreed circumstance of the aftermath of the offending that you did not derive any significant profit or benefit in the long term by what is usually termed enrichment.  It seems axiomatic that trafficking in the sums and amounts which you did would lead you, at that time, to a comfortable and well-off lifestyle, giving you access to large amounts of cash.  It seems paradoxical that having trafficked such enormous sums, which you yourself have estimated, that, at the end of the day, you should be left with precious little. 

58However, limited personal long term benefit, to my mind, is less relevant in commercial trafficking cases.  Even if you were an incompetent or careless businesswoman in the way you administered your criminal enterprise and its rewards, the Court should not ameliorate your sentence or lessen the gravity of the offence. It is not appropriate to reduce a penalty because of this. 

59The scale of the harm to victims must be taken into account.  The impact of such large scale trafficking in a small rural community like Wangaratta and surrounding areas is significant.  The potential harm done to victims and the consequences, potential or real, to persons addicted to ice, their health, the consequences on their families and social structures, the consequential criminality and the very fabric of the community must be considered when the Court looks at the intent to traffic and its gravity. 

60Trafficking is often very difficult to detect and dangerous as well.  Ice is a most addictive drug and the community generally is alarmed by its prevalence and the behaviour of users, particularly because of the propensity for violence it often provokes.  It is a pernicious drug and its trafficking is a significant social evil with serious consequences.  Drugs of addiction wantonly sourced and distributed and used constitute, and continue to present a heavy and hardly tolerable burden to a modern society.

61Society looks to the Court to denounce such conduct by resolute and clear action to protect it by the imposition of appropriate punishment, which will deter generally, and specifically, those who would be minded to engage in it.  It is particularly incumbent upon the Courts to act when those charged before it are those who are the apex of criminal activity and enterprises who pursue this conduct with single-minded determination over long periods and sure methodology and intent as opposed to end users and addicts.

62Where people like you are highly placed in an organisation, it is obvious that you should expect heavy punishment.  Substantial retribution must be exacted from those who deliberately, cynically and greedily seek the profit on a large scale from such unlawful conduct.  Those involved in the business of trafficking can expect little mercy from the Court, and this applies particularly to principals like you, who know exactly the very high stakes involved and potential punishment if caught.

63The just punishment involved must make clear to those tempted to indulge in the trafficking of large quantities of drugs that detection will lead to stern and severe punishment.  Indeed, general deterrence and community protection, to my mind, must be the primary consideration of your sentence.  This also implies that personal circumstances, though relevant, will have lesser weight than might otherwise be given.  The magnitude of the enterprise, the period of time, the value, frequency, regularity of trafficking bespeak of serious offending.

64However, in this context, it is relevant that you were motivated, in part, by the need to fund your own habit, which makes you somewhat less culpable than if the motive was totally pure greed.

65However, I should note, that the value of your trafficking in which you engaged was much more substantial than one required to merely fund your habit, it moved into another realm altogether. 

66It is important that I explain and say some matters in relation to your cooperation.

67It has been said that assessing the value of cooperation requires the Court to synthesise a range of factors.  Here, the quality of the information is clearly high in the sense that your statements have either led to arrests, charges being laid, all the way up to guilty pleas by many other members of the trafficking enterprise which you headed.  Such information is therefore very valuable, and the fact of your cooperation in itself probably effected the outcome of many charges.  This cooperation may have exposed you and your family to risks in the prison environment and in the community.  Your crime was very serious in nature, with significant culpability and the need for deterrence, so that in the light of that, your cooperation is very valuable from a public policy point of view, and as a result the appropriate discount may be considerable.  This is so for purely utilitarian reasons of a public interest.  It may be accompanied by remorse and prospects for rehabilitation.

68As to these, I accept that your plea and assistance have been motivated by some repentance and remorse, to the extent to which a Court can ever be secure in that assessment.  As to the foreshadowed amendment of life, this is just as difficult an assessment for Court to make.

69You have priors for trafficking in 2012.  You were placed on a community corrections order which you breached.  In 2014 you were in possession of drugs and a sentence of imprisonment was wholly suspended.  These matters impact upon your prospects of rehabilitation.  In the sense that in the midst of your trafficking, the Court's sanctions were obviously ineffective in deterring you, and while remorse must be given its appropriate weight, I consider that your history provides cause for caution in relation to your future prospects.  This offending actually breaches two suspended sentences which may be dealt with later by another Court.  That fact is somewhat demonstrative that Court sanctions did not appear to deter you to intent to trafficking. 

70Being clearly in the public interest that offenders should be encouraged to supply information to the authorities to assist them to bring other offenders to justice, I will apply significant discount as an appropriate reward, and I will cause to be noted in the records of the Court the fact that an undertaking was given by you to give evidence when called upon as to the contents of statements made by you to police.

71I take into account your personal circumstances, background and material tendered on your behalf about such matters.  An able plea was made on your behalf and I take your relatively young age into account.

72You are 26 years old, when younger you lived just outside of Wangaratta until the year 2000, when your family moved permanently there.  Your parents are both alive and you have a brother and a half-brother. 

73You completed secondary school in year ten and 11 through VCAL, and after a year-long hospitality course you completed 18 months of a nursing course.  At age 17 you were a personal care assistant and a nurse in Melbourne.  I should add that given this background, the effects of drugs could not have bypassed your knowledge.

74At age 14 you became twice pregnant and had terminations.  At age 16 you had an on-and-off relationship with a 22 year old over four years.  He was abusive and went to prison.  At age 20 you began another relationship, and after cannabis use you were introduced to ice.  The relationship was violent and chaotic, and you experienced incarceration.  You underwent another termination.

75Your drug use escalated and you returned to Wangaratta.  Another relationship ensued with your current partner.  You were both using ice and you continued to deal in the drug, even after a daughter was born to you in June 2014.  That did not prevent you from continuing to traffic.

76Ultimately in September 2015 the child was removed from your care into the care of grandparents.  You had been arrested almost a year earlier, and you had refused to see your daughter, whilst on remand, due to your distress at separation following each visit. 

77A report was received by the Court from Gina Cidoni, a psychologist.  She also outlined your health-related issues and highlighted that the use of morphine-based pain relief medication after a back injury at age 22 had been high and immediately preceded your taking of ice.  The drug not only relieved your back pain, but produced other effects you perceived to be useful.

78Before your arrest, you were using, reportedly, up to 3.5 grams a day, a significant dose which causes delusions, insomnia and hallucinations.  In prison you have been prescribed antidepressant medication and methadone.  Whilst in reclusion you have participated in an interim prison drug program over ten months, however your time in custody has also been marked by lockdown conditions following upon media reports of your cooperation, and leading to a further move to a protection unit.  Such incarceration is often more difficult than normal imprisonment, with increased isolation and higher levels of anxiety and stress, as well as reduced access to programs.  Despite these difficulties you have commenced a Bachelor of Business Studies and completed a print graphics and textile business studies certificate whilst on remand.  These efforts at education and self-improvement are worthy of credit. 

79Whether your reclusion will continue to need to be in a protection unit is a difficult matter to predict, but that potential is real, related directly to your cooperation, and carries inherent risk and in my view I should take that matter into account when formulating an appropriate discount for this aspect.

80Ms Cidoni conducted psychological testing, found you have below average capacity with an IQ of 86 with a profile of social deviation, conflict with authority and rebelliousness, as well as lethargy and alienation.  You are, in her opinion, a psychologically-reduced young person, still suffering the effects of substance abuse over the last four years.

81It is inescapably paradoxical that such matters should be seen as relevant in your sentence for an offence which broadly promoted such suffering in many others.

82Cerebral damage cannot be ruled out, she opined, but what is accepted is that under the influence of high quantities of ice and morphine, your ability for proper judgment may have been impaired.  She concluded your mental health is concerning because you continued, at least as late as last year, to show concerning psychopathology, where psychiatric treatment and counselling is needed.

83I take into account the material tendered on your behalf.  Your mother wrote a very comprehensive letter on your behalf, I take its contents into account.  You are, and were obviously, a well-loved child, and at times of need in your early years you assisted in particular your mother during periods of serious illness.  She writes of your relatively unsettled childhood and school years, as well as her own depression and your father's alcoholism and cancer.  She outlined your past school efforts and your decline into drug use, the birth of your child, arrest, and a resumption of the responsibility for raising your child.

84You have expressed some deep regret at the trauma caused to the family, and to yourself and your daughter.  Your family remains supportive of you and this is a positive factor.

85A large bundle of documents was tendered and I take all and each into account, particularly those indicating your participation and completion of group cognitive behavioural therapy over a number of weeks, Kangan Institute certificates of various business studies, the interim residential drug treatment program, various certificates in vocational studies and a large bundle of negative urine samples over an eight month period.  These endeavours demonstrate that you can participate in rehabilitative efforts and that your prospects of rehabilitation, though guarded, can be nevertheless relatively optimistic if followed up by commitment and further improvement and education.

86I have also taken into account a letter from you in which you briefly offer an account of your predicament in your devotion to your daughter.  While without doubt being deprived of a mother's care is a significant disadvantage, you are fortunate that your parents have taken care of her in this time, crucial in her development.

87You chose, as I understand, not to apply for bail after your arrest in order to ensure her welfare and that is to your credit.  I accept that your plea of guilty was entered at the earliest reasonable opportunity open to your legal representative and so that will attract the discount by operation of law, which I will announce.

88Detective Senior Constable Bray gave evidence on the plea.  You have supplied information to him and gave evidence that he considered that to be of considerable value in determining the role and responsibility of identifying the persons, leading to a large number of people entering pleas of guilty.  You have also given some assistance as to an unrelated enquiry that was of significant value.  Having provided this assistance, you were placed in a security environment in prison, and some co-offenders and their families have been charged with attempting to pervert the course of justice by interfering with witnesses and contacting your family.  This highlights the risk undertaken by you.

89Your father also gave evidence, he said the drug use by you had ensnared you in a fantasy world.  He said the family had offered its support to you, also upon your release and with financial assistance. 

90Submissions were made to me in relation to current sentencing practices which included a reference to the sentencing snapshot of the Sentencing Advisory Council.

91Finally, I take into account the undertaking, which you gave on oath, to give evidence in terms of your statements if required and I take into account the important principle of totality in this sentence.  Can you please stand?

92But for your plea of guilty, I would have sentenced you to 14 and a half years in prison with a non-parole period of 11 years.  On the charge of trafficking Count 1, of a commercial quantity, you are convicted and sentenced to 11 years' imprisonment; on the charge of trafficking a drug of dependence you are convicted and sentenced to two years' imprisonment; on the charge of dealing with proceeds of crime you are convicted and sentenced to one year imprisonment; on the charge of handling stolen goods you are convicted and sentenced to two years' imprisonment; on the charge of burglary you are convicted and sentenced to two years' imprisonment; on the charge of theft you are convicted and sentenced to two years' imprisonment.

93I order that six months on Charge 2, one month on Charge 3, two months on Charge 4, two months on Charge 5 and one month on Charge 6 be cumulative on Charge 1.  That makes a total effective sentence of 12 years.

94Taking into account your cooperation, I fix the head sentence at seven years, and I fix the non-parole period at four and a half years.

95I note for the records of the Court that you have spent 537 days by way of pre-sentence detention, and I will sign the forfeiture restitution disposal and 464ZF orders.  Take a seat.

96MR DOUGLAS:  I am a bit confused, Your Honour, I apologise.

97HIS HONOUR:  Yes.

98MR DOUGLAS:  In basic terms, this young lady is eligible for parole, if she gets it, after serving four and a half years, is that right?

99HIS HONOUR:  Yes.

100MR DOUGLAS:  And you have sentenced her - you have accredited almost 18 months, so basically in her language, she has got to do another three years before the parole board will even think about it?

101HIS HONOUR:  Yes.  Does anyone want any clarification in relation to the rest of the sentence?  Mr Perry?

102MR PERRY:  Yes, if I could ask Your Honour's assistance.  I noted the sentence on the traffic commercial quantity is 11 years, is that correct?

103HIS HONOUR:  Yes, sorry, no, it is ten years, sorry 11 years, yes.

104MR PERRY:  And when will the various other sentences and orders of cumulation - do I take it that is a total effective sentence of 12 years reduced to a head sentence- - -

105HIS HONOUR:  I have applied the discount thereafter for cooperation, making- - -

106MR PERRY:  Thank you, Your Honour, that is what I sought clarification of.

107HIS HONOUR:  Yes.

108MR PERRY:  And that will reduce it down to seven with a four and a half?

109HIS HONOUR:  Well I think that is about 45 per cent.

110MR PERRY:  Yes, thank you, Your Honour, that is what I wanted to clarify.

111HIS HONOUR:  Yes.  It think it is important for there to be some, if I can gratuitously say, some restraint in the way this matter is to be reported.  The last time that this matter was reported, the impact both on the accused in custody and on her family was substantial.  It is important that there be some restraint in reporting this matter, because otherwise the benefit of encouraging criminals to dob other criminals in is completely lost.  What needs to be explained to the community is that the substantial discount that is applied on what is a substantial sentence derives specifically from the benefit that the community gets when criminals dob other criminals in.  So explaining the numbers is important, but to do so in terms which does not undo that whole scheme of things whereby both the prisoner and the families of those who were informers are put in jeopardy runs completely counter to that public policy.  So to those in the media who are present in the Court, I would ask that appropriate language and reporting is used in order to convey that message to the community when reporting upon these matters.  Otherwise the community loses and the work that investigators do becomes more difficult and the task of the Court becomes impossible.  That is all I want to say.

112MR PERRY:  If Your Honour pleases.

113HIS HONOUR:  Thank you.  Thank you Mr Douglas and Mr Perry, and Ms Hill.  I have other matters to proceed with so I will move on.

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