Director of Public Prosecutions v Griffin

[2018] VCC 21

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-17-00207

DIRECTOR OF PUBLIC PROSECUTIONS

v

ROBBIE GRIFFIN

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JUDGE:	HIS HONOUR JUDGE MONTGOMERY
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	25 January 2018
CASE MAY BE CITED AS:	DPP v Griffin
MEDIUM NEUTRAL CITATION:	[2018] VCC 21

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. Regan
For the Accused	Mr Z. Zayler

Pages 1 - 6

 

 

HIS HONOUR: 

1Robbie Griffin, you have pleaded guilty to trafficking in a drug of dependence in a commercial quantity, the drug being ketamine and you have admitted an inconsequential criminal history. 

2The facts of the matter are set out in Exhibit 1, the prosecution summary.  It is not disputed by your counsel.  I will only briefly summarise the facts.  For a full analysis of them, any reader of these reasons can go to that summary to place the sentence in its total factual context. 

3I sentenced your co-accused in this matter, Mr Bardas, on 18 May 2017. 

4Briefly stated, you flew into Melbourne on 23 March 2016, went to a residence at 170 St Kilda Road and you left there and met up with Mr Bardas.  You were carrying the ketamine and he was carrying $70,000 in cash.  The total weight was 993.4 g which is almost double the commercial quantity. 

5You have served 323 days' pre-sentence detention and approximately six months as an inpatient in a drug rehabilitation clinic and thereafter, in a halfway house and as an outpatient.  You are currently receiving drug rehabilitation treatment fortnightly.

6Drug screenings were tendered which show that from the time of your arrest on bail on 8 February 2017 to the present time that you have been drug free.  

7You were charged with trafficking in a large commercial quantity initially.  An offer was made to plead to a lesser charge of possession for sale prior to the committal.  This was rejected by the prosecution.  Post-committal negotiations recommenced and the plea to this charge was made and accepted on 31 August 2017. 

8In mitigation, your counsel Mr Zayler relied on (1), your plea of guilty; (2), your lack of criminal history; (3), your personal background; (4), the steps you have taken towards rehabilitation; (5), the issue of parity with Mr Bardas; and (6), he tendered a great number of character references.  He tendered various medical and rehabilitation reports.  The references speak towards the steps you have made towards rehabilitation and the medical reports set out the professional steps that have been taken by you in that respect.

9You have expressed regret for your actions to those people. 

10Your background was set out in the report of Patrick Newton, clinical and forensic psychologist, in a comprehensive manner.  You were born in the UK.  You are the younger of two children.  You had a problematic childhood.  You were introduced to substances such as cigarettes and alcohol by your parents at a very early age and commenced smoking cannabis at 16 and also using ecstasy and LSD and hallucinogenic mushrooms.  MDMA also became a drug of choice.  From age 19, you began to use cocaine and ketamine.  You also began to use the drug methamphetamine.  So clearly, your drug history is a relevant matter for me to consider. 

11In paragraph 41 of his report, Mr Newton said that he would be concerned for your longer term rehabilitative prospects in the event that you were to be placed within a custodial environment.  Particularly, he said, your immersion in the population where drug use is prevalent and would have significant potential to result in reversal of the gains you have made in recent treatment.  In particular, there will be a considerable risk of relapse of drug use on your part.  Such risk would be highest at the time of your eventual release into the community. 

12Amanda Brown, a drug clinician from Lamberti & Associates, gave evidence and in her evidence she outlined that the drug rehabilitation you have undertaken, in particular with her organisation.  She said you embraced the program, you were motivated, you had stabilised, your behaviour had been exemplary, you had taken on the role of mentor with other people there.  She told me of your present accommodation and your work prospects.  You currently have a clothing store at the Victoria Market and you have a partner who lives in New South Wales. 

13I was impressed with her evidence as to the steps you have taken towards rehabilitation.  I have considered all of the material tendered by Mr Zayler.  Your counsel submitted that upon a consideration of that, I should look at imposing a sentence in effect of time served with a community correction order. 

14The prosecutor submitted that he is not opposed to a combination order but submitted that a further sentence of imprisonment should be imposed.  He said that you had taken comprehensive steps towards rehabilitation and the drug screen tests revealed that you have made serious progress. 

15I thus ordered a community corrections assessment report. I received it this morning.  You have been assessed as being at a medium risk of reoffending and a set of different conditions have been recommended which I have taken into account.  The supervising office would be Carlton.  Did I hear yesterday you were going to move residence or am I confusing myself?

16MR ZAYLER:  Yes, he was, but not yet.  So I am sure they will  change or whatever they do if he moved.

17HIS HONOUR:  All right.  Thank you. 

18In sentencing you, a number of factors have to be taken into account by a sentencing judge.  The basic purposes for which a court may impose a sentence are punishment, general deterrence - that is particularly in drug matters and specific deterrence - that is to try and stop you from reoffending, rehabilitation, denunciation and the protection of the community.  In sentencing you, I must have regard to a range of matters such as the seriousness of the offending, your culpability for it, your personal circumstances.

19I am required to balance the interest of the community in denouncing criminal conduct with the interest of the community to seek to ensure as far as possible offenders are rehabilitated.  I express my denunciation of your behaviour.  You do not need any pious words from me about the evils of the drug world.  You have been involved in it for quite some time and it is a world that leads to a lot of criminal behaviour and something that you are much better off without.

20In sentencing you (1), I also take into account amongst the other matters that I have mentioned like your plea of guilty in the circumstances that I have outlined about the progress of the plea although that could not be described "at the earliest possible occasion", I accept that in the circumstances that it is an early plea.

21(2), the issue of parity with Mr Bardas.  Mr Zayler made the point - well, I think - that the moral culpability of the both of you was identical and that although he was charged with attempt to possess, a crime that has a lesser maximum penalty. If the police had waited until the drugs were actually transferred, he would have been on the same charge as you.  I gave him a community correction order.  He also had taken significant steps towards rehabilitation but he had served no gaol time unlike you.  Parity obviously is an important sentencing consideration here.

22(3), the steps that you have taken towards your rehabilitation are impressive and I accept the evidence that has been given in the witness box and in the reports.  I encourage you to continue your progress towards not using drugs.

23(4), I have looked at the case of Akoka which was referred to me yesterday in regards to how I should regard the six months or so that you have spent as an inpatient getting drug treatment and the subsequent treatment that you have had.  And I take that into account according to the principles set out in that case. 

24(5), although you have a minor criminal history, in effect, you are to be treated as a first offender for serious criminal matters.

25Taking all those factors into account, I sentence you to a term of imprisonment of 320 days and place you on a - the expiry date is of course expired - on a community corrections order for a period of two years with conditions of supervision, treatment and rehabilitation for drugs and treatment and rehabilitation for alcohol. 

26It will be noted that I have not ordered a work component.  I do that for two reasons:  (1), you have served a significant time - term of imprisonment already; and (2), to place you on a CCO would put you in the same position that
Mr Newton outlined.  If you went to gaol, you would be in the company of other people struggling with drug issues.  

27I declare that the time of 323 days that you have already served is to be reckoned to be part of the term of imprisonment that I have just imposed. I make a disposal order. I declare pursuant to s.6AAA of the Crimes Act - and I always add this as a speculative assessment by me - if y1ou had proceeded to trial and you were convicted by a jury, you would have received a sentence at least in the order of five years with a non-parole period of three years.

28Any other matters I need to consider?

29MR REGAN:  No, Your Honour.  

30HIS HONOUR:  No?

31MR ZAYLER:  No, Your Honour.  

32HIS HONOUR:  All right. 

33MR REGAN:  I am sorry.  I was note-taking, sir.  I did not - I am not sure whether a declaration was made.

34HIS HONOUR:  Yes. I made a ‑ ‑ ‑ 

35MR REGAN:  Sorry.  That is all right.

36MR ZAYLER:  Yes.

37HIS HONOUR:  Three hundred and 23 (indistinct words.)

38MR REGAN:  Correct.

39MR ZAYLER:  Yes.

40HIS HONOUR:  Sit down for a moment, Mr Griffin, and a report will be prepared.  There is the CCO. 

41Now, Mr Griffin, you are being placed on a community corrections order.  Again, dealing with a breach of an order I gave to someone else this morning, I seem to breached more often than not.  If you do breach it by way of reoffending or by not complying with the conditions of the order, you will be brought back before me if you do it before the end of April.  Otherwise, you will be brought back before another judge.  And you will be dealt with for the breach of the order and also for this offending.  So do not think there are no consequences for not complying with the conditions of the order.

42Mr Zayler, would you like to take that up to your client?

43MR ZAYLER:  Yes, I will, Your Honour.

44HIS HONOUR:  (Indistinct) he has signed it.  Mr Griffin, you have signed this order saying you understand the effect and the conditions of the order and consent to it being made, is that correct?  Yes, thank you.  You may come out of there.  Thank you.  Thank you, gentlemen, we will deal with the next lot of matters.

45MR ZAYLER: Thank you, Your Honour. 

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