Director of Public Prosecutions v Goldsmid
[2022] VCC 1286
•9 August 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-21-01333
CR-21-01337
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JACOB GOLDSMID YOHANN MOREAU |
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JUDGE: | HER HONOUR JUDGE WILMOTH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 24 May 2022, 25 May 2022, 4 August 2022 | |
DATE OF SENTENCE: | 9 August 2022 | |
CASE MAY BE CITED AS: | DPP v Goldsmid & Anor | |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1286 | |
REASONS FOR SENTENCE
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Subject: Criminal law - sentence
Catchwords: Pleas of guilty to drug trafficking in a large commercial quantity and trafficking simpliciter, and associated summary charges – youth – delay – Covid restrictions in prison – offender Moreau diagnosed with BPD and severe depression dating from childhood – Verdins principles apply – deportation likely – uncertainty – both offenders good prospects for rehabilitation.
Cases Cited: Daylia Brown v R [2020] VSCA 212
Sentence:
APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr A Buckland | Office of Public Prosecutions |
| For the Accused Goldsmid For the Accused Moreau | Mr R Nathwani Mr P Baume | Armstrong Legal |
HER HONOUR:
1Yohann Moreau and Jacob Goldsmid have each pleaded guilty on an indictment to a charge of trafficking in a large commercial quantity of drugs, namely, MDMA, ketamine and cocaine. They have also pleaded guilty to a charge of trafficking in amphetamine and a further charge of trafficking in LSD.
2Yohann Moreau has pleaded guilty to a charge of falsification of documents and a summary charge of dealing in property suspected of being the proceeds of crime.
3Jacob Goldsmid has pleaded guilty to two summary charges of dealing in property suspected of being the proceeds of crime, and one summary charge of dealing in property knowing it to be the proceeds of crime.
4The prosecution summary sets out that between December 2019 and July 2020 both offenders were engaged jointly in a continuing business of dealing in drugs of dependence, dealing primarily in quantities of ketamine, cocaine and MDMA or ecstasy. They used various Airbnb properties for the storage of drugs and the operation of the enterprise, which included the recording of transactions in a notebook.
5
Charge 1 refers to the quantity of drugs possessed and sold and recorded in the notebook. Charge 2 relates to trafficking in 125.7 grams of amphetamine.
Charge 3 relates to trafficking in 6,966 grams of LSD, which were in their possession on 15 December 2019. Charge 4, with which only Mr Moreau is charged, relates to his possession of two false driving licences, which he knew to be false, and with the intention of using them to the prejudice of another. The summary charges relate to amounts of cash and a motor vehicle.
6The offending came to light as a result of an incident on 15 December 2019. Just before midnight Goldsmid, outside 42 Alexandra Street, St Kilda East, dropped three backpacks. About half an hour later, he dropped a phone in the same location before leaving. His movements were captured on CCTV. About three-and-a-half hours later, at 3.43 am, he was seen by police on a footpath elsewhere in St Kilda East in a drug or alcohol affected state. He was unable to state his name and had no possessions with him. His state was such that he was taken to hospital by ambulance.
7At 5.25 am in Alexandra Street, a person found a black mobile phone and a wallet containing $130 in cash bearing the name Goldsmid. He took these to the police station. A short time later, another person found the three backpacks and notified police. These are referred to in the prosecution summary as bags 1, 2 and 3.
8Inside bag 1 were found the following: cocaine weighing 23 grams, MDMA weighing 851.2 grams, ketamine weighing 332.7 grams, amphetamine weighing 125.7 grams, equipment consistent with drug trafficking, such as, scales and ziplock bags, and a black phone.
9Bag 2 contained the following: a box of LSD tabs weighing 156 milligrams, $3,150 cash, 1.2 grams of MDMA, a separate quantity of $22.35 cash, and other items, including ziplock bags and a notebook.
10Bag 3 contained MDMA weighing 252.3 grams, ketamine weighing 3.7 grams, cocaine weighing 17.4 grams, $13,570 in cash, a black pencil case labelled 'ID cards/SIMS' and four notebooks containing handwriting. The total of the cash found in the bags was $16,877.35.
11The phone found in Alexandra Street was examined and found to be registered in Goldsmid's name. It contained conversations relating to trafficking drugs of dependence, the address of Robe Street and the renting of the Alexandra Street property, as well as messages from Goldsmid dated Tuesday, 17 December stating, “I was in the Alfred Hospital for 18 hours” and “I'm $200,000 down.” The second phone found in bag 1 was registered to Sam Milner and contained conversations relating to trafficking drugs of dependence.
12The four notebooks contained references to “Robe” and “Alexand” and to the names of the offenders. They contained rules for the operation of a “shop” and “rules for customers”. There was a ledger relating to the sale of drugs. There were references to a “safe”, to “buried cash” and to a pseudonym, namely the name “toilet”.
13
Almost four months later, on 3 April 2020, police operatives went to Unit 10 at
42 Alexandra Street and met with Goldsmid. He made admissions to selling cocaine and ketamine. He said he was moving house and that his drugs were stored in South Yarra. He agreed to sell drugs to the operatives on a later date and provided them with his Wickr account, named 'RIPTOILETDOOR'. Police observed Goldsmid move with a removalist truck from Unit 10 to Unit 6 at
60 Jackson Street, St Kilda. The offender Moreau was also there.
14The police operatives used the Wickr code to contact Goldsmid and met him in Barkley Street, St Kilda on 11 April, where they conducted an evidentiary purchase of approximately three grams of white powder for $950. When analysed, this was found to be 2.6 grams of cocaine with a purity of 62 per cent.
15On Monday 18 May, surveillance noted Goldsmid driving from the unit in Jackson Street to 48 Gourlay Street, Balaclava. He made the same journey the next day and was seen to meet with a number of unknown persons and engage in drug trafficking behaviour at that address. The next day similar observations were made.
16
On 24 April, his phone had been intercepted by police, disclosing drug trafficking between the two accused and other people, with references to the “shop” being
6/60 Jackson Street, St Kilda. There was also reference to Goldsmid burying money in his parents’ back yard, using it to buy a car, intending to sell it later to “clean the cash”.
17On 4 June 2020, police executed a search warrant at Gourlay Street and found a quantity of diazepam and alprazolam tablets,[1] ziplock bags containing substances later found to be cocaine and ketamine, other quantities of tablets, powder, green vegetable matter, a brown rock substance and an exercise book containing handwritten notes.
[1] 50 boxes of diazepam, each containing 50 tablets and approximately 14 bottles of alprazolam, each containing 50 tablets.
18
On 21 July a warrant was executed at the Jackson Street unit and for a
Nissan Navara parked there. Amongst items found in the kitchen that were consistent with the drug trafficking enterprise was a quantity of cocaine, cash of $385 and an altered driver's licence. In Moreau's bedroom there were two other altered driver's licences. These three driver's licences are a part of Charge 4 to which Moreau has pleaded guilty. Bags of cocaine were found in Goldsmid's bedroom. $7,000 cash was found in the vehicle. The cash and the vehicle were seized. Later that day, a further $10,000 cash was seized at an address in Rosebud. The total amount of cash seized was $17,385. This is
Summary Charge 6 to which Goldsmid has pleaded guilty.
19Both offenders were arrested and interviewed that day. Each made full admissions to drug trafficking and ownership of the backpacks and their contents.
20Now, I will just pause there and ask Mr Moreau if he has been able to follow satisfactorily so far. I think he has indicated yes. All right, thank you.
Details of the Trafficking
21
I am proceeding now to deal with details of the trafficking. The notebook entries, handwritten by Moreau, showed he had trafficked approximately 1.96 kilograms of ketamine, 1.37 kilograms of MDMA or ecstasy and 989.3 grams of cocaine. The notebook entries, handwritten by Goldsmid, showed he had trafficked
1.8 kilograms of ketamine, 1.47 kilograms of MDMA or ecstasy and 999.6 grams of cocaine. Each offender is to be sentenced on the basis of the amounts pertaining individually to them. The total profits made through the joint trafficking enterprise was approximately $164,610.
22In addition to the drugs that were sold, the drugs that were seized were in the following amounts:
(a) Relevant to Charge 1:
(i)MDMA - 1.2 kilograms
(ii)Ketamine - 337 grams mixed or 188 grams pure
(iii)Cocaine - 289.7 grams
(b) Relevant to Charge 2:
(i)Amphetamine - 125.7 grams
(c) Relevant to Charge 3:
(i)LSD 6,966 milligrams
23The total amount of drugs trafficked for Charge 1 by Moreau is 6.14 kilograms. The breakdown of the amounts of each drug type is footnoted and I will not be reading those.[2] The total amount of drugs trafficked for Charge 1 by Goldsmid is 6.099 kilograms. Again, the breakdown of the amounts of each drug type is footnoted.[3] The threshold for a large commercial quantity, that is, a mixture of each of cocaine, ketamine and MDMA is one kilogram.
[2] Trafficked by Moreau:
Cocaine - 289.7 grams seized + 989.3 grams sold = total of 1.28 kilograms
Ketamine – 337 grams seized + 1.951 kilograms sold = total of 2.29 kilograms
MDMA – 1.2 kilograms seized + 1.37 kilograms sold = total of 2.57 kilograms
[3] Trafficked by Goldsmid:
Cocaine – 289.7 grams seized+ 999.6 grams sold = total of 1.289 kilograms
Ketamine – 337 grams seized + 1.8 kilograms sold = total of 2.14 kilograms
MDMA - 1.165 kilograms seized + 1.47 kilograms sold = 2.67 kilograms.
Objective Gravity of the Offending
24Moving on to consider the objective gravity of the offending, the life sentence, which is the maximum penalty for Charge 1, reflects the very serious nature of this offending. The amounts of drug trafficked by each offender was about six times the threshold for a large commercial quantity. Quantity is a central feature of the offending for sentencing purposes.
25Despite this large scale, it was relatively unsophisticated drug trafficking, as demonstrated by the debacle of Goldsmid dropping the backpacks and phone in the street. At the time, he was very drug affected and behaving erratically, drawing attention to himself. The wallet found in the street contained his identification details and the phone was registered in his name. The phone from one of the bags contained incriminating material and neither of the phones were protected, allowing easy analysis.
26The offending was of relatively short duration, but it was an extensive profit-making enterprise with coordinated use of record keeping. The profits were relatively modest and the offenders were using drugs themselves, thus reducing the profits, compounded by a cycle of debt for the purchase of drugs which committed them further. These matters are relevant to applying the standard sentencing regime which applies to Charge 1. That standard sentence is 16 years, to be considered in combination with other sentencing principles. I am required to consider the objective gravity of the offence by reference only to its nature, taking into account current sentencing practice as reflected by other similar cases.
27I was referred by Mr Buckland, the learned prosecutor, to three recent cases bearing some similarities to the present case and involving the standard sentencing principles, each of which I have taken into account. Mr Buckland also referred to the maximum penalty and to the standard sentence of 16 years as indications of the objective gravity, as well as the particular circumstances of this case as already outlined. Thus, submitted Mr Buckland, although it was somewhat unsophisticated, it was nevertheless a commercial operation of some scale operated for profit, with both offenders being fully involved.
28
Mr Nathwani, on behalf of Goldsmid, submitted that the gravity of the case was well below the midrange of seriousness. The same point was implicit in
Mr Baume's submission on behalf of Moreau and it follows from the close similarities of the involvement of the offenders that the same level of seriousness applies to each.
29All these matters have led me to conclude that the gravity of this case is only just below the midrange, taking into account the very large quantity, but also the relatively unsophisticated enterprise and the limited duration compared with other cases.
30I now turn to the personal circumstances of each offender.
Yohann Moreau
31Mr Moreau, you are now aged 28. You were 25 at the time of the offending. You are a French national born in Brittany in 1993. You grew up and went to school there. Your parents owned and managed a transport company, which they were forced to sell some two years ago owing to your father's illness suffering from bipolar disorder and alcoholism.
32In September last year and in May this year you were assessed by a forensic clinical psychologist, Dr Michael Davis. He took a detailed history and reported his opinions in relation to your mental health diagnoses and their likely origin and trajectory since your childhood. You told Dr Davis that your childhood was marred by conflict between your parents and by your father's illnesses and you did not have the benefit of much affection from them. Your father was hospitalised many times and he drank heavily. He subjected you to physical abuse until you were 14 or 15 when you left home attending boarding school, only returning home on weekends.
33When you were 13 or 14 your mother developed cancer and your older sister took over the mothering role. As a result, you were close to her. Dr Davis concluded from your combined history that you had a very difficult childhood with little effective parenting. Indeed, he described it as abusive and emotionally neglectful. He concluded that you suffer from various psychiatric disorders, including persistent depressive disorder, anxiety and borderline personality disorder. In relation to the latter disorder, your personality functioning is at a moderate to severe level of impairment, likely to have been exacerbated by substance abuse. Opioid Use Disorder related to prescribed methadone was also diagnosed. I shall return to discuss these diagnoses later in the sentencing remarks.
34At school you were an excellent athlete but eventually you were expelled because of non-attendance. Your sporting prowess enabled you to become a boarder for a while in your mid-teens, thus providing respite from your family difficulties. Mental health problems led you to self-medicate with alcohol and cannabis while still a school student and you tried to distance yourself from your parents. In your final year of school, following a breakdown involving depression and suicidal ideation, you spent two weeks in an adolescent psychiatric unit, followed by a second admission soon afterwards. You began university after leaving school but abandoned it after one year.
35You came to Australia in 2016 intending to change your life and resist drugs. Here you worked in rural areas. You had a relationship with a young woman and initially it seems you reduced your use of illicit substances. You returned to France and tried to re-establish contact with your parents, but this was not successful and after a few weeks you returned to Australia.
36In Melbourne in late 2018 or early 2019, you met the co-offender and at around this time your mental health began to deteriorate as you ceased taking prescribed medications. You began self-medicating with illicit drugs and your dependence worsened to the extent that you became addicted to multiple drugs, leading to trafficking. You told Dr Davis that ketamine helped with your depression, and you used a lot. You also used non-prescribed Valium and Xanax to help you sleep.
37You said that in prison you have been prescribed methadone to assist with withdrawal from the other substances and that eventually you had ceased methadone. You consider that you would benefit from detailed drug and alcohol counselling of a more advanced type than that available in prison.
Sentencing Issues Arising from Personal Circumstances
38I have related this history in some detail, partly in order to address the submissions as to the application of the Verdins principles to your circumstances, Mr Moreau. Mr Baume submitted that all six limbs of the decision in Verdins are applicable in view of your mental health impairment based on the report of Dr Davis. This was resisted by Mr Buckland who submitted that the argument was not very persuasive and the need for general deterrence should not be reduced. However, he did not cavil with the application of the principles in the case of Daylia Brown v The Queen[4] to this case.
[4]Daylia Brown v R [2020] VSCA 212
39The decision in the case of Brown was to the effect that an offender with a diagnosis of personality disorder should be treated no differently from any other offender who seeks to rely on an impairment of mental functioning as mitigating sentence as identified in the case of Verdins.[5] However, this will only apply in a case of some severity, such as clinically significant impairment.
[5]Verdins v R [2007] VSCA 102
40Dr Davis considered that, not only do you suffer from a major depressive disorder, but you also meet the formal criteria for Borderline Personality Disorder, having its origins in the failure of attachment with your parents. He added that this disorder manifested itself in you by impulsivity and emotional instability, and that your personality functioning is at a moderate to severe level of impairment. This would have been exacerbated by substance abuse. You are being prescribed medication for depression whilst in prison, but the dosage has not changed, and your current mental health treatment is likely deficient. Dr Davis considers that your mood is now of the magnitude of a major depressive episode with anxious destress which is partly, but not entirely, connected to the court proceedings.
41
Dr Davis had access to translations of your French medical records, which confirm the hospital admissions referred to earlier, for what were described as severe symptoms of bipolar disorder similar to that suffered by your father. You told
Dr Davis that you believed you suffered from depression rather than bipolar disorder and, indeed, Dr Davis formed the opinion that you have never suffered from bipolar disorder. Dr Davis described your unstable personality as being exacerbated by ongoing severe chronic depression, with drug use as a means of coping with these conditions. Accordingly, your criminal culpability is reduced to some extent. It follows that you are not to be regarded as a wholly suitable vehicle for general deterrence and some modest reduction of your sentence is appropriate.
42In addition to concern about the length of your sentence, part of your present anxiety stems from your apprehension about being moved from Fulham Prison, where you have established a work routine, and that you wish to serve your sentence in the same prison as the co-offender, who is one of your few friends. You also told Dr Davis that prison has saved your life. You know that you will be deported unless you can satisfy the authorities otherwise, and any prospects of being able to stay in Australia are dim. These uncertain circumstances will weigh upon you and will perhaps add to your anxiety and apprehension.
43I am just going to pause there for a moment to make sure that you are following me, Mr Moreau. Yes, thank you.
Other Mitigating Factors
44Your plea of guilty means that you are entitled to a discount on your sentence as it has avoided a trial, which is of particular importance at this time when there is an enormous backlog of trials owing to the COVID pandemic. You made full admissions to your offending. You have taken responsibility for your offending and demonstrated remorse. You have also gained some insight into why you offended and your prospects for rehabilitation are good, subject to resisting drug abuse. The letter you wrote to the court expressed eloquently your regret and determination not to offend again, and it reveals the insight I have just mentioned.
45You will be serving your sentence isolated from any family members, which in itself constitutes hardship. Unlike other prisoners, you will continue to experience the effect of the restrictions necessitated by the risks of infection from COVID. Although you speak English well, I understand that you feel like an outsider in Australia, which might make your experience of prison more difficult. Your time in custody, which is your first time, has been entirely within the period of the pandemic, when prisoners have had time out of their cell curtailed, visits have been cancelled, and restricted in more recent times, as have programs and courses. The fear of infection continues to be a real issue. All these disadvantages are to be taken into account as factors reducing the length of the sentence. I am told that recently you have endured a further period of lockdown for 60 days.
46The diagnoses made by Dr Davis as to your mental health, when combined with the other hardships just mentioned, mean that your time in prison will be more difficult than for others who do not suffer in the same ways, and I take that into account. The delay in this case is such that you have been in custody for more than two years, with the case hanging over your head for that considerable time.
47In addition to all these matters, you are a young man with no previous convictions and your rehabilitation will depend completely on your resistance to drug use and appropriate treatment for your mental health. Your older sister Elodie Moreau, who is a school teacher living in France, wrote a letter on your behalf explaining the circumstances of your upbringing and the difficulties the children in the family endured because of your parents' problems. She states that these difficulties caused you to become more and more mentally vulnerable. She states that you are a good person who needs help and support to overcome these vulnerabilities and she remains supportive of you.
48Although I have taken into account the standard sentence of 16 years in relation to Charge 1, the other sentencing factors have led me to impose a sentence at a much lower level. Mr Moreau, I sentence you to the following terms of imprisonment. I will ask my associate to give counsel a copy of the sentence details.
49MR BUCKLAND: Thank you, Your Honour.
50HER HONOUR:
(a) For Charge 1, trafficking in a large commercial quantity, six years.
(b) For Charge 2, trafficking, two years.
(c) For Charge 3, trafficking, two years.
(d) For Charge 4, falsification of documents, one year.
(e) For the summary charge of dealing in property suspected of being the proceeds of crime, six months.
51The base sentence for the purposes of cumulation is the sentence for Charge 1. I order that one year of each of the sentences for Charges 2 and 3 is to be served in cumulation upon the base sentence. The sentences for Charge 4 and the summary charge are to be served concurrently. This results in a total effective sentence of eight years. I order that you serve a minimum period of four years before being eligible for parole.
52
If you had pleaded not guilty to these charges, I would have sentenced you to
11 years imprisonment with a non-parole period of eight years.
53I note that you have spent 749 days in pre-sentence detention. That will be reckoned as already served and I shall note that on the court record.
Jacob Goldsmid
54I now turn to the background and personal circumstances of you, Mr Goldsmid. You were 22 years old at the time of the offending and you are now 24. Your early years were unremarkable, and you had a good upbringing, but you developed behaviour problems in secondary school. You left school after Year 11 and thereafter lacked direction in your life, turning to drug abuse at the age of 18. Drugs were rife in the social circle in which you mixed, and you quickly became addicted to cocaine, MDMA, ketamine and GHB. You went on to traffick drugs for your own supply and this snowballed into the offending to which you pleaded guilty.
55You had some sporadic employment when you left school, including working with your father in the landscaping business. When your drug use increased you moved out of home and your contact with your family decreased.
Mitigating Factors
56In December last year you were assessed by the psychologist Dr Mathew Barth who diagnosed severe stimulant use disorder, which is in remission currently consistent with you being in prison, but which could relapse upon your release.
57You told Dr Barth that when you were offending, you enjoyed “feeling wanted” as a person who could get drugs and that this enhanced your self-esteem in connection with your peers. You said you were ashamed of your offending and are remorseful about it, recognising that drugs ruin the community and you have contributed to that. You said you could never do it again and that there is no place for it in a civilised society. You said being away from your family has made you grow up a bit. Dr Barth stated that this, together with the apprehension about your current legal situation, have caused you to be anxious at the level of mild severity, but not to the extent of meeting the criteria for any disorder.
58Similarly, Dr Barth noted some problematic personality traits, which fell short of a personality disorder but are indications of the need for psychological treatment. Relating to these observations, Dr Barth formed the opinion that you are immature for your age and your social reasoning can be problematic, resulting in impulsive behaviour. This led you to gravitate towards antisocial peers to gain their attention and approval, to compensate for your feelings of insecurity.
59Dr Barth considered your prospects for the future pointed to guarded optimism, given your professed commitment to treatment, your current abstinence from drugs, your family support and your reasonable intelligence. Dr Barth assessed that your understanding of relapse prevention strategies is very undeveloped and your coping skills remain simplistic. But taking into account all these matters, as well as your remorse and your professed intention not to offend again, the indications are that your chances for rehabilitation are reasonable, in that they are slightly better than guarded.
60Your plea of guilty can also be taken into account in this way, in so far as you have taken responsibility for your actions. It also means you are entitled to a discount on your sentence for having avoided a trial, which is a very considerable assistance to the criminal justice system, particularly at this time when there is an enormous backlog of trials owing to the COVID pandemic. The plea was entered early, following admissions made to police when interviewed.
61The pandemic has also resulted in the restrictions which continue to make prison life more difficult, as I have already explained. Your time in custody, which is also your first time, has been, just like Mr Moreau, entirely within the period of the pandemic with the restrictions that I have already set out. Once again, all those disadvantages are to be taken into account as factors reducing the length of a sentence.
62At the time of the offending you were aged only 22 and had no previous convictions. Your parents Joanna and David Goldsmid have written letters explaining your awareness and shame over the pain you have caused them by your offending and, indeed, by your involvement with drugs, which you hid from them. They were shocked to hear of your offending. They believe you have become more reflective, and they confirm that you have a home and family to return to, as well as employment.
63Several respected members of the community who know you well have written letters attesting to your good qualities, confident that you are redeemable and that you are already headed in that direction. You have written to the court expressing your remorse and outlining the steps you have taken in prison to set up a better life when you are released.
64
I also take into account the delay that has occurred since your arrest on
21 July 2020 due to several factors, including time needed for drug analysis and some delay caused by technical difficulties with an online hearing leading to an adjournment. For more than two years you have had the case hanging over your head with the expectation of a significant sentence. The delay has, of course, allowed you the opportunity to engage in programs and courses, such as a drug rehabilitation course, that have been offered in prison subject to COVID restrictions. You have worked as a billet and there have been no disciplinary findings against you.
65At 24 you are still a youthful offender. It is well established that young people, particularly young men, may be more vulnerable to reckless and ill-considered behaviour than older more mature people. It is accepted that rehabilitation is of great importance for young offenders and that the community is better protected by this being achieved. Prospects for this are generally not enhanced by imprisonment, and so while punishment and specific and general deterrence are important sentencing principles, so too is rehabilitation.
66In terms of parity, there is little difference between you and the co-accused. The difference lies in the severe mental health problems which beset Mr Moreau as compared with your immaturity and vulnerability. The result is that Mr Moreau is not a good vehicle for general deterrence, and his sentence has been reduced accordingly. You were younger and therefore more vulnerable to making ill-considered decisions, but a reduction in moral culpability does not arise from this. It follows that slightly greater weight is to be given to the need for general deterrence in your sentence.
67I should add here that in sentencing each of you, I have taken into account the principle of totality in determining cumulation.
68Mr Goldsmid, I sentence you to the following terms of imprisonment and, once again, I will ask my associate to - you have already done that. You have got that, all right. I sentence you to the following terms of imprisonment, Mr Goldsmid.
(a) For Charge 1, trafficking in large commercial quantity of drugs - seven years.
(b) For Charge 2, trafficking - two years.
(c) For Charge 3, trafficking - two years.
(d) For each of Summary Charges 5, 6 and 11 - six months.
69The sentence for Charge 1 is the base sentence for purposes of cumulation. I order that one year of each of the sentences for Charges 2 and 3 be cumulated upon the base sentence. The sentences for each of the summary charges are to be served concurrently. This results in a total effective sentence of nine years. I order that you serve four years and six months before being eligible for parole.
70
If you had pleaded not guilty to these charges, I would have sentenced you to
12 years with a non-parole period of nine years.
71You have been in pre-sentence detention for 749 days, which I declare to be reckoned as already served and which will be noted on the court record.
72The prosecution seeks orders for forfeiture and disposal in relation to cash, drugs and other items listed in schedules attached to the orders. The orders are intended to apply to each offender. I note, have not recorded any consent or opposition from counsel.
73MR NATHWANI: There isn't, Your Honour.
74MR BAUME: There isn't.
75HER HONOUR: Thank you. I make those orders.
76MR BUCKLAND: If Your Honour pleases.
77HER HONOUR: Now, first of all, Mr Buckland, is there anything I've omitted or neglected?
78MR BUCKLAND: I don't think so, Your Honour. Did Your Honour mention the
pre-sentence detention yet?79HER HONOUR: Yes. Pre-sentence, yes, I did.
80MR BUCKLAND: I'm sorry. I just overlooked that, thank you.
81HER HONOUR: Anything else, Mr Nathwani?
82MR NATHWANI: No, thank you, Your Honour.
83MR BAUME: No, thank you, Your Honour.
84HER HONOUR: Now, I'd like the opportunity to be given to Madam Interpreter to have a conversation with Mr Moreau about anything he might not have understood, so I'll leave the bench and during that process, others might like to be excused from the bar table, but you may, of course, stay - - -
85MR BAUME: Thank you, Your Honour.
86HER HONOUR: - - - and so my staff will stay here and look after everything else, thank you.
87MR BUCKLAND: Thank you, Your Honour.
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