Director of Public Prosecutions v Grasso
[2013] VCC 1238
•30 August 2013
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-12-01199
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SALVATORE GRASSO |
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JUDGE: | HIS HONOUR JUDGE GRANT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 30 August 2013 | |
DATE OF SENTENCE: | 30 August 2013 | |
CASE MAY BE CITED AS: | DPP v. Grasso | |
MEDIUM NEUTRAL CITATION: | [2013] VCC 1238 | |
REASONS FOR JUDGMENTSENTENCERULING
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D. Holding | OPP |
| For the Prisoner | Ms M. Mykytowycz | Valos Black |
HIS HONOUR:
1 Mr Salvatore Grasso, you have pleaded guilty to one count of possession of substances, materials, documents and equipment with the intention of using those items for the purpose of trafficking in a drug of dependence, and one count of possession of a drug of dependence. The maximum penalty on the first count is ten years' imprisonment, and the maximum penalty on the second count is either one year or five years imprisonment depending on whether the purpose of the possession is related to trafficking or not.
2 I can indicate that I am satisfied that you did not possess the methylamphetamine that is the subject of Count 2 for the purpose of trafficking.
3 I have heard a summary of your offending from Mr Holding and that summary will be attached to these sentencing remarks as Exhibit A.
4 Briefly, the police attended at your home on 7 September 2011. They located a laboratory for the making of methylamphetamine in the garage of your home. Count 1 relates to the possession of the scientific equipment and chemicals found in the garage and I am satisfied that you possessed the items found with the intention of manufacturing methylamphetamine. I am satisfied that you were involved in this criminal activity with other people.
5 This is a serious offence and general deterrence and punishment are generally regarded as central considerations for sentencing in this type of case.
6 In addition a further 1.7 grams of methylamphetamine was found in the dining room of your home. This forms the basis of Count 2 on the indictment.
7 Your involvement in the current offending is aggravated by the facts that on 7 September 2011 you were on bail for the offence of trafficking methylamphetamine. That trafficking offence occurred between 16 July 2010 and 12 October 2010.
8 On 1 December 2011 Judge Maidment sentenced you on the trafficking charge. His Honour approached your sentencing on the basis that your trafficking was at the low end of the range. You were effectively sentenced to a 12 month gaol term which, save for a period of nine days served, was suspended for two years. Importantly, His Honour was aware that you had been remanded in custody on 7 September 2011 for another matter. Indeed, he took 60 days of that remand time into account when determining the order he would make on the trafficking charge.
9 You have not been charged with any breaches of Judge Maidment's order. The order made by His Honour on 1 December 2011 and the fact that the order has not been breached are matters that are highly influential in explaining the orders that I will make today.
10 For completeness, I note that on the afternoon of 1 December 2011 you were also dealt with in the Magistrates' Court for a number of offences. They all predated 7 September 2011. You were sentenced to a total of two months gaol wholly suspended for 12 months. That order was not breached.
11 Mr Grasso, I am not going to go through your personal history in any detailed way. The reports provided by Mr Cummins and Mr Jacobs have thoroughly covered that area. It's sufficient to say that you are now 51 years old; you did not start offending until after you commenced using drugs in approximately 2007 or 2008. The trigger for your drug use was the breakdown of your marriage followed by the onset of depression. You still suffer from depression and anxiety and at times you try to self‑medicate by using methylamphetamine. This is unwise. Apart from the obvious dangers to your health, it exposes you to potential prosecution for breaching Judge Maidment's order. It is to your credit that you honestly disclosed your ongoing problem to Mr Cummins and Mr Jacobs. It's crucial that you address your drug dependency and I will make an order today that will be aimed at assisting you in that regard.
12 Mr Grasso, I am satisfied that you have support from your mother and your current girlfriend. I am sure that they will do what they can to help you to comply with the order that I will shortly announce. I give you credit for your plea of guilty and I take into account your current mental health status. I note the prosecution concede that an order of 30 days gaol declared as served together with a Community Corrections Order would be, in the circumstances of this case, within the appropriate sentencing range.
13 Mr Grasso, on 7 September 2011 you were involved in a serious breach of the law. The fact that you were on bail at that time for another drug matter is an aggravating feature of this case. However, you have since been dealt with in both the County Court and the Magistrates' Court and received suspended gaol terms. You have not been charged with breaching those orders.
14 Judge Maidment was aware you were in custody on remand for other matters when he determined to release you on a suspended sentence. You have, since 7 September 2011, taken positive steps towards rehabilitation. You have initiated contact with Mr Jacobs, psychologist, and you are endeavouring to deal with your mental health and drug dependency problems. You have the support of your mother and girlfriend and you want to offer positive support to your daughters. You have accepted responsibility for your offending by entering a plea of guilty.
15 For these reasons I make an order that enables you to be released today on a Community Corrections Order. Mr Grasso, will you please stand.
16 On Count 1, you will be convicted and sentenced to 30 days imprisonment. I make a declaration that you have already served 30 days by way of pre‑sentence detention.
17 On Counts 1 and 2 you will be convicted and released on a Community Corrections Order for a period of 18 months with the following special conditions. You must perform 180 hours of community work over that 18 month period. That shouldn't be too onus. It's about ten hours a month. I know you will have other obligations under the order, but I think it is important that there be some part of this order that has a punitive aspect attached to it and I don't see this aspect of community work as being onerous.
18 Secondly, you will be required to attend for assessment and treatment for drug abuse and dependency. You will also be required to attend for assessment for alcohol abuse and dependency, and also required to attend for mental health assessment and treatment. You will also be under supervision for the period of this order. Your first appointment is with the Dandenong Community Corrections Service at 46‑50 Walker Street, Dandenong at 3.30 p.m. on Monday 2 September.
19 There are also standard conditions on a Community Corrections Order that I need to explain to you. The most important condition is the condition that you must not commit, whether in or outside of Victoria, during the period of this order, that is the next 18 months, an offence punishable by imprisonment. So you must understand you cannot commit another criminal offence. Such an offence would be possession of a drug of dependence. So it's very important you understand that this order has attached to it a condition that you cannot commit another offence.
20 Secondly, you must comply with any obligations or requirements prescribed by the appropriate regulations. You must report to and receive visits during the period of the order as required. You must attend the first appointment and I've given you the time for that attendance. You must notify Community Corrections within two working days of any change of address or employment. You must not leave Victoria except with the permission of Community Corrections and you must comply with any directions given to you to ensure that you comply with this order.
21 I know, because I have read this report, that you suggested that you might have some difficulty attending appointments at the right time. It's most important you understand that this is an order of the court and if you are unable to comply with it, then Corrections will bring you back to court and I will deal with you again and it would be most unlikely that I would deal with you in the same fashion as I am dealing with you today.
22 Because this is an order of the court, the court expects full compliance, Mr Grasso, so if you are required to go somewhere you go there. If you are required to be somewhere at a certain time, you be at that place at the correct time. You put yourself in great peril if you do not comply with the requirements of this order or don't comply with the requests made by those who administer this order. Do you understand all of that?
23 OFFENDER: Yes, Your Honour.
24 HIS HONOUR: Thank you.
25 I am required to make a declaration as to what order I would have made had Mr Grasso taken this matter to trial and been found guilty at trial. I must confess in the circumstances of this case I find that a very difficult thing to do. The best that I can do is suggest that Mr Grasso may have been ordered to serve perhaps as much as three months in prison followed by a CCO or alternatively been sentenced to a period of somewhere in the range of 12 months with some of that time suspended.
26 There is an ancillary order that I am asked to make and that is a disposal order. I will order pursuant to s.78(1) of the Confiscation Act (1997) the forfeiture to the State of the property referred to in the schedule attached to this order and I further direct that it be placed in the custody of the Chief Commissioner of Police and be held by him until 28 days from this date or the conclusion of any appeal proceedings where it may be tested and/or analysed and then destroyed.
27 Mr Grasso you can be seated there. I'm just going to sign these orders.
28 Mr Holding, I've signed those disposal orders. We're just printing out the order now.
29 There are no other orders that I need to make?
30 MR HOLDING: No.
31 HIS HONOUR: I just checked with my Associate whether Corrections will need to take Mr Grasso downstairs to process him, but I'm told no, that won't need to happen, so he will be able to be released immediately once he's signed the papers.
32 MR MYKYTOWYCZ: Your Honour, may I approach my client as he signs those?
33 HIS HONOUR: Yes.
34 MR MYKYTOWYCZ: Thank you, Your Honour.
35 HIS HONOUR: Yes, I thank both counsel for the assistance they've provided in this matter. Thank you.
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