Director of Public Prosecutions v Hatton
[2023] VCC 866
•25 May 2023
| IN THE COUNTY COURT OF VICTORIA | Revised Suitable for Publication | |
AT Melbourne
CRIMINAL JURISDICTION
CR 22-01281
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| DAVID HATTON |
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JUDGE: | HER HONOUR JUDGE BLAIR | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 25 May 2023 | |
DATE OF SENTENCE: | 25 May 2023 | |
CASE MAY BE CITED AS: | DPP v Hatton | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 866 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW – Sentence
Catchwords: Plea of guilty – cultivate narcotic plants – possess drug of
dependence – possess firearm related items – handle stolen goods – delay – related prior history.
Legislation Cited: Sentencing Act 1991 (Vic), s5
Sentence: Total effective sentence of 4 months’ imprisonment
s6AAA: 8 months’ imprisonment
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr A. Albert | Office of Public Prosecutions |
| For the Accused | Mr R. De Kretser | Stary Norton Halphen |
HER HONOUR:
1 David Hatton, you have pleaded guilty on Indictment M12244848.1 to one charge of cultivation of narcotic plants, one charge of possess a drug of dependence, one charge of possess firearm related items and handle stolen goods.
2 In addition, you have agreed to several summary related offences being dealt with by this court and have pleaded guilty to Charge 12, which is deal with property suspected of being proceeds of crime, Charge 8, which is possess prohibited weapon, that is the taser. Charge 13, possess prohibited weapon, which is the machete, Charge 14, possess prohibited weapon, the double-bladed knife and Charge 15, possess prohibited weapon, the extendable baton.
Circumstances of offending
4 A prosecution opening for plea, dated 4 March 2023 was tendered at your plea hearing today. What now follows is a summary of the offending for which you are to be sentenced.
5 You were arrested on 28 October 2021, for unrelated matters that have since been discontinued. On this day search warrants were executed at your property. The following items were located: a relatively unsophisticated hydroponic set up with five cannabis plants weighing 98.2 grams, six tablets of Alprazolam, two shotgun cartridges, point 22 ammunition, a stolen police cap, $3,470.75 in cash that was in a till with drug paraphernalia,a taser, a machete, a double-bladed knife and an extendable baton that was in an equipment belt with handcuffs.
6
You were arrested and remanded in custody and you have now served
537 days by way of pre-sentence detention. You were released on bail, on 18 April 2023, after resolution and discontinuance of the other more serious charges.
Nature and gravity of offending
7 Essentially, the offending before the court relates to what was found during the execution of the search warrants.
8 In relation to the cultivation of cannabis, there was a message on your phone that bore some relationship to this charge. But otherwise, your offending essentially arises as a result of what was found on your property. And as I have said, I consider it to be a relatively unsophisticated set up that you had.
9 Each of the charges to which you have pleaded guilty could have been dealt with in the Magistrates' Court and had that occurred the penalty that could have been imposed by the court would have been restricted by the jurisdiction of that court.
10 That said, the offending is serious, as evidenced by the maximum penalties that apply. You cultivated narcotic plants and possessed a range of items that you just should not have had.
11 You have a significant amount of prior convictions for similar offending.
Personal circumstances
12
You are now 47 years of age. You were raised in family of five in the
Deer Park area. Your father was a truck driver who served in Vietnam.
Your mum worked hard to raise the family. She worked as a clerk in a warehouse. Your dad passed away 10 years ago from cancer and you maintain a strong relationship with your mum and your older sister.
13 You left school after completing Year 11. You completed a four-year apprenticeship as a plasterer and you have spent the majority of your adult life working as a plasterer. You also worked as a forklift operator in a warehouse for a period of about three years.
14
You have had one significant relationship in your adult life with Tania. You have two adult children, Jessica and Chanel, and both of your daughters are
well-adjusted young women and no doubt you are very proud of them. I understand they provide a great incentive for you to reform.
15 You maintain strong support in the community from your mum, your sister, your children and you have other family and friends as well.
16 The offending before the court occurred at a time when you were experiencing instability in your life. You struggled to adjust after the breakdown of your relationship. You were using illicit substances and working sporadically.
17 You associated with negative and drug using peers and you were involved in anti-social and offending behaviour in that context.
18
You have had very direct and very severe consequences to your offending.
You have now spent one year, five months and 18 days in custody. Your time on remand occurred during and in the aftermath of the COVID-19 pandemic. The conditions in custody were no doubt very difficult for you and involved quarantines, lockdown and other restrictions on the modest privileges that prisoners have. I take this into account in your favour.
19
I also take into account that you have pleaded guilty to these offences at an early stage and during the time when the court is continuing to suffer the backlogs caused by the COVID-19 pandemic. In these circumstances,
I propose to give you a significant discount for your plea of guilty.
20
I also take into account the delay in this matter. Generally, there are two ways that delay can be taken into account. One is in relation to fairness. That is
the fact that it has been hanging over your head and two, is in relation to rehabilitation.
21 I take it into account the fact that this matter has been hanging over your head and these charges and the more serious charges, that have been discontinued, no doubt caused you a lot of anxiety and worry about your future. So, I take that into account.
22 Of course, we are yet to see whether you can sustain rehabilitation and hopefully you have learnt your lesson and you can stay out of trouble.
23
You were released on bail and have been living with your mum in Echuca.
You have been drug free, so I am told, and that is for a significant period of time when you combine it with your time in custody.
24 So, this is a really good opportunity for you now to use that time and not go back. If you could get some counselling under your belt probably would not be a bad thing.
25 It would also be good if you stay in Echuca A bit of geographical distance would assist you to break the unhelpful ties you have had around the Melton area. That is a matter for you. No doubt plasterers and labourers are needed in that area. It would be good if you could get some employment and settle there.
Sentence
26 The basic purposes for which a court may impose a sentence are punishment general and specific deterrence, rehabilitation, denunciation and protection of the community.
27 In sentencing you I have given some weight to general deterrence. In the circumstances where you have served such a significant period of time on remand in very difficult circumstances, it is my view that specific deterrence has little to no role to play in the sentencing matrix.
28 If you have not learnt from this stint in custody there is not much that a court can do in the future to stop you from offending. So, I hope that you can use this, take it on board and not come back
29
The principles of totality, proportionality and parsimony are also important considerations to which I have had regard. They require me to make sure the total sentence is appropriate for your total criminality.
I consider in the circumstances that I can impose an aggregate sentence for the offences that have arisen out of the same facts or are part of a series of offending of the same or similar character.
30
I take into account the sentencing guidelines referred to in s5 of the
Sentencing Actwhere relevant to your case and ultimately the sentencing exercise requires that I balance all relevant factors and make a judgment as to the appropriate sentence in the circumstances of your particular case, which
I believe I have done.
31 So, in relation to the charges before the court you will be convicted in relation to the charge of cultivation I sentence you to four months' imprisonment. In relation to all other charges, I sentence you to an aggregate term of imprisonment of four months.
32 I order that those two terms be served concurrently.
33
All right. So, that means four months. I declare that you have served
four months by way of pre-sentence detention and so having served that time, you do not owe any time in custody and the matter is now finalised.
34 I note that the orders for forfeiture and disposal that have been sought by the Crown are not opposed and so I intend to make those orders in the terms provided.
35 All right. Is there anything else?
36 MR DE KRETSER: As Your Honour pleases, no, Your Honour.
37 MR ALBERT: Section 6AAA.
38 HER HONOUR: Section 6AAA, but for your plea of guilty, I would have imposed a straight sentence of eight months' imprisonment.
39 MR DE KRETSER: As Your Honour pleases.
40 MR ALBERT: If the court pleases.
41 HER HONOUR: All right. So, we'll adjourn.
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