Director of Public Prosecutions v Hajzeri

[2021] VCC 1075

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 21-00773

DIRECTOR OF PUBLIC PROSECUTIONS

v

ARIANIT HAJZERI

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JUDGE:	HIS HONOUR JUDGE STUART
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	4 August 2021
CASE MAY BE CITED AS:	DPP v Hajzeri
MEDIUM NEUTRAL CITATION:	[2021] VCC 1075

EX TEMPORAE REASONS FOR SENTENCE

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Carlander-Munro
For the Accused	Ms J. Poole

HIS HONOUR:

1Arianit Hajzeri, you have pleaded guilty to one charge of possession of a drug of dependence contrary to the Drugs, Poisons and Controlled Substances Act 1991.  In circumstances where I was not satisfied on the balance of probabilities that you did not possess the cocaine for a purpose related to trafficking, the maximum penalty is five years' imprisonment.

2You come before me on that single charge of possession in the following circumstances.  At 7 am on 19 February 2020, Australian Federal Police officers executed a search warrant at your residence in Bentleigh East which you shared with your housemate, Granit Sylejmani.  The two of you were the sole occupants of the house.  Both of you were present at the time the police entered the residence with you opening the door and Mr Sylejmani asleep in his bedroom.

3During the course of the search, police found a very significant amount of cocaine and drug paraphernalia in various locations through the house.  This included cocaine in the laundry with a net weight of 2,981.2 grams, cocaine in the kitchen with a net weight of 956.3 grams and cocaine in your bedroom in a drawer with a net weight of 606.6 grams. This last having a purity of 197.5 grams.

4That cocaine was found in three bags as set out in the prosecution opening.  Your fingerprints were identified on Bag 2 which contained the largest quantity with cocaine as set out in paragraph 11 of the summary of prosecution opening for sentencing indication.  Whilst there were significant other quantities of cocaine located in the other two areas, you have not been charged in relation to that cocaine.

5During the course of Mr Sylejmani's record of interview, he took full responsibility for all of the cocaine including the cocaine that was found in the drawer in the bedroom.  After the case conference and the sentencing indication, the matter proceeded by way of this single charge which, in my view, was an entirely appropriate disposition in the case and I congratulate the parties for arriving at this resolution.

6By your plea, you were aware of intentionally possessing the drugs located in that dresser on behalf of your co-accused, Mr Sylejmani, but significantly you were not party to his drug trafficking and therefore your criminality is much reduced.

7You come before me with a prior criminal history of no moment.  You are entitled to draw on your otherwise good character in the circumstances where you have pleaded guilty to this charge.

8You are now 38 years of age.  Your father is deceased and your mother raised you and your four siblings.  At age 15, you were present during the Kosovo war.  You married in 2008 and have two children; wife and children all living in Switzerland.  Your schooling was interrupted by the war but later you completed your secondary schooling, and you were apparently an excellent student.

9Since leaving school, you have displayed an excellent work ethic working in construction and currently employed as a plasterer, working some five to six days per week.  You have had some health issues including whilst being on remand for the 77 days of pre-sentence detention which I will declare in due course.

10You have, with Mr Sylejmani, used drugs on a reasonably regular basis, those drugs being provided by Mr Sylejmani for your mutual benefit.  Since your arrest and your release from custody, you have not engaged in any further drug use and I accept you are determined to remain drug free.  Your life is focused on work, you rarely go out and you hope to be reunited with your children.

11By dent of your plea of guilty, you have further evidenced what I accept is your genuine remorse for your involvement in Mr Sylejmani's activities, albeit of a very limited kind as I have indicated.  The 77 days that you spent in custody until you were bailed was the first time you had been in custody and it was in part during restrictive conditions as a result of the coronavirus pandemic and its impact on the prison system.

12You enjoy the strong support of your family as demonstrated by your brother's presence during these proceedings.

13The utility of pleas of guilty cannot be underestimated during these times of pandemic where the administration of the system of criminal justice has been greatly affected by the pandemic.  Thus, the utility of your plea of guilty must be viewed against that situation and your period of imprisonment in part have been one which involved a restriction on the privileges that ordinarily associate with persons being in prison being withdrawn in a significant way.

14And so you come before me at the age of 38 having played a peripheral role in relation to the drug trafficking of Mr Sylejmani.  I accept that by dent of your work history before and since this offending, your prospects of rehabilitation are excellent.  This is particularly so given your determination not to return to drug use. It is in the community's interest that persons such as yourself be encouraged in their rehabilitation.

15Nonetheless, specific deterrence, that is deterring you from further offending, still has a role to play, albeit reduced by the matters I have just adverted to.  General deterrence is the principal sentencing factor that I must take into account; deterring others from offending by dint of the sentence I pass on you.  There is also a need to denounce your conduct in that peripheral role that you played in relation to your co-accused, Mr Sylejmani.  There must also be an aspect of just punishment in the sentence that I impose.

16The prosecution has made a sensible concession that the period of imprisonment of 77 days together with a community corrections order is within range in circumstances of this offence.  It is a concession which I consider to be appropriate and intend to act upon.

17Subject to you consenting, Mr Hajzeri, I do intend to sentence you to 77 days, declare 77 days' imprisonment as being pre-sentence detention and release you on a two-year community corrections order with the condition that you perform 200 hours unpaid community service work during the course of that two years.

18Stand up.  Are you prepared to consent to that community corrections order?

19OFFENDER:  Yes.

20HIS HONOUR:  Take a seat.

21The formal order of the court will be that you be sentenced to a period of 77 days and released on a two-year community corrections order with the condition that you perform 200 hours of unpaid community service work.  I declare
pre-sentence detention to be 77 days and I declare that but for your plea of guilty under s6AAA of the Sentencing Act, I would have sentenced you to six months' imprisonment.

22Take a seat.

23That means that you will not be taken into custody.  You will be immediately released and will have to attend the Dandenong Community Corrections Centre, in the next short period of time.

24We will just wait for the document to be prepared.

25ASSOCIATE:  Would Ms Poole like to look at the order before Mr Hajzeri signs it?

26MS POOLE:  I am content for my instructor to look at that.  Thank you.

27HIS HONOUR:  Yes.  Thank you.  I will sign the formal order outside unless you have got it ready to go.

28Yes.  I thank you both, Ms Carlander-Munro and Ms Poole, for the efficient and pleasant way in which this matter has been dealt with.

29MS CARLANDER-MUNRO:  Thank you, Your Honour.

30MS POOLE:  As Your Honour pleases.

31HIS HONOUR:  10.30 tomorrow please.

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