Director of Public Prosecutions v Heyman

[2024] VCC 1587

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-23-01776

DIRECTOR OF PUBLIC PROSECUTIONS

v

PAIGE HEYMAN

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JUDGE:	HIS HONOUR JUDGE WRAIGHT
WHERE HELD:	Melbourne
DATE OF HEARING:	25 September & 11 October 2024
DATE OF SENTENCE:	11 October 2024
CASE MAY BE CITED AS:	DPP v Heyman
MEDIUM NEUTRAL CITATION:	[2024] VCC 1587

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.

Catchwords:              Plea of guilty – Trafficking in a drug of dependence – No prior criminal history – Offending in company – Delay – Very good prospects of rehabilitation.

Legislation Cited:      Drugs, Poisions and Controlled Substances Act 1981 s 71AC(1); Sentencing Act 1991 ss 6AAA, 48CA.

Cases Cited:Williams v The Queen [2018] VSCA 171.

Sentence:                  Community Correction Order for a period of 2 years, with conviction.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr B Nibbs	Office of Public Prosecutions
For the Accused	Mr C Hooper	Ellinghaus & Lindner

HIS HONOUR:

Introduction

1Paige Heyman, you have pleaded guilty to two charges of trafficking in a drug of dependence contrary to s 71AC(1) of the Drugs, Poisions and Controlled Substances Act 1981 which carries a maximum penalty of 15 years imprisonment.

2You have no prior criminal history.

Circumstances of the offending

3A prosecution opening was tendered on the plea and may be summarised as follows:

4At the time of offending you were 41 years old and in a romantic relationship with Scott Parks, your co offender in this matter. You and Mr Parks resided with your two daughters at your home in Weir Views, Victoria.

5Mr Parks pleaded guilty to the following drug charges in these amounts:

(a)   trafficking commercial quantity 1,4 butanediol – quantity 28.9 kg;

(b)   trafficking commercial quantity methylamphetamine – quantity 309.1 g;

(c)   traffick simpliciter MDMA – 537 g.

6Mr Park was sentenced on 4 April 2024 to a sentence of 8 years imprisonment with a non parole period of 5 years.

7At approximately 9:30am on 16 November 2022, members of the Victorian Police Viper Taskforce attended the Weir Views property for the purposes of serving a Firearm Prohibition Order (‘FPO’) on Mr Parks. You were present at the address at this time.

8A copy of the FPO was served on Mr Parks and police gave a full explanation of the conditions. Mr Parks was then given an opportunity to disclose if there were any firearms or firearm-related items at the premises.

9Mr Parks did not disclose any items and the police conducted a search of the premises and located various drugs. Police then searched a grey Honda Civic which was parked in the driveway and utilised by you.

10During the search, a zip lock bag containing a quantity of methylamphetamines was located in a black satchel bag on the rear seat.

11You admitted possession of the item and you were subsequently arrested and issued with your caution and rights.

12Police located the following items in your car:

(a)   one 150ml bottle containing viscous liquid containing 1-4 Butanediol inside a black bag; and

(b)   one small bottle containing viscous liquid containing 1-4 Butanediol inside a black bag.

13Investigators seized a number of electronic devices during the search, including a your Samsung S22 plus mobile phone.

Record of Interview

14During your record of interview you stated that:

(a)   you are the recipient of Workcover benefits totalling $1,800 per month;

(b)   you receive approximately $1,000 per fortnight in Centrelink benefits;

(c)   you had been in a relationship with the Mr Parks since May 2021 and that you had moved into the Weir Views property 6 months earlier;

(d)   you confirmed that both your names are on the rental agreement, and you paid a total of $450 rent per week;

(e)   you made admissions to the bottle containing 1-4 Butanediol and Methylamphetamine which had been located within your vehicle but denied any knowledge of the drugs located at the address;

(f)    you had previously seen a 150 ml bottle similar to that located in the plastic tub out of the garden bed;

(g)   the contents of the bottle was ‘G’ and that you placed this bottle in your handbag which was inside your vehicle because you didn’t want your daughters being around drugs of dependence;

(h)   you admitted to using drugs of dependence including Methylamphetamine and GHB (1-4 Butanediol) but denied any involvement in the trafficking of drugs of dependence; and

(i)    you denied any knowledge of any cash located at the address and that Mr Parks collects coins and notes.

15Investigators examined your mobile phone and identified multiple text conversations between you and a number of associates regarding the trafficking of drugs of dependence. In one of the messages you enquire, ‘How much for the litre. Can come now’.

16Other relevant text messages include:

(a)   on 14 July 2021 at 12:44:39, you sent a message: ‘hey Scott is wanting to grab the coin as soon as’;

(b)   the recipient respondent at 12:53:07 the same day: ‘I’ll pay I’d do its 100 yeah’;

(c)   you reply at 12:55:41: ‘sweet he doesn’t have it so to me is cool..have you’;

(d)   on 18 December 2021, Alysha Kernaghan sent you a message: ‘Hey Chook have the drinks arrived yet I’m getting my chops busted badly’ (the prosecution allege that ‘drinks’ is a reference to 1-4 Butanediol);

(e)   On 19 December, Ms Kernaghan sends you a message: ‘Hey luv can U please ask Scott of [sic] I can come grab half a gram and how much?’ (the prosecution allege that this is a request to purchase methylamphetamine); and

(f)    on 19 December 2021 you message Ms Kernaghan: ‘He’s all out atm’.

Nature and gravity of offending

17Trafficking in a drug of dependence is a serious offence as reflected in the maximum penalty imposed by Parliament being 15 years imprisonment.

18In this instance the prosecution case is put on the basis that you assisted your partner Scott Parks, who was running a significant drug trafficking business from the home that you both lived in. While you are charged with trafficking simpliciter, the prosecution case as outlined above is that you assisted Mr Parks by fielding enquiries of potential buyers, following up cash that was owed and sourcing drugs on behalf of Mr Parks. Further, the prosecution accept that you had no knowledge as to the exact quantities of the drugs that were being trafficked by Mr Parks or that were found during the search.

19While it was submitted on your behalf that you were in a somewhat dependent relationship with Mr Parks and had experienced violence at his hands, which I accept, in my view the evidence also discloses that you had a degree of authority and knowledge when dealing with the various persons involved in buying or selling Mr Parks’ drugs. As such in my view your offending remains serious.

Personal circumstances

20You are 44 years old. You are currently unemployed and live alone as a single mother with your two primary school aged children. You have no criminal history.

21You have long struggled with drug dependency issues but have attained sobriety with the assistance of the Court Integrated Services Program (CISP). You detail that your substance abuse issues commenced around the age of 24 whilst in the depth of a toxic relationship where you would self-medicate and turn to methylamphetamine in times of stress. You have indicated a strong willingness and desire to cease illicit substance use.

22Your past two relationships have been dominated by family violence. Both of your former partners have criminal histories, and both have been charged by the police in respect to their conduct towards you. A number of medical reports where tendered on the plea including a psychiatric report written by Dr Jayasooriya dated 8 July 2024 which details the abusive behaviours, in particular an incident in which you were kidnapped by one of your former partners at the age of 28.

23You current partner, Scott Parks, is presently serving a sentence for his role in the offending subject to these proceedings. Mr Parks has a lengthy criminal history and you have experienced further repeated family violence in this relationship, including during the period in which the offending occurred. During this period you were in a semi-dependant relationship with Mr Parks. Further, you were significantly dysregulated as you were experiencing major conflict with Mr Parks, a consequence of his escalated drug use which led him to engage in bizarre and confronting behaviours.

24You have been diagnosed with ADHD and PTSD, and depression and anxiety as a result of these abusive relationships. You have a history of mental health difficulties and historical trauma however you detail that your mental health has improved since participating in the CISP program. A CISP final progress report was tendered on the plea which commends your sustained commitment to the programs you were offered. You report that since this improvement you have begun developing self-worth which has enabled you to enhance your relationships with your daughters and reduce the frequence of conflict within your other relationships.

Sentencing considerations

Matters in mitigation

25I first take into account your plea of guilty. Your plea was entered following a sentencing indication hearing before me. You initially offered a plea to trafficking simpliciter at the committal stage that was rejected. As such it was submitted that your plea should be still be considered as an early plea, which I accept. Further, you did not run a contested committal and as such, no witnesses have been cross examined. Your plea has promoted the course of justice and demonstrates and your acceptance of responsibility.

26It was submitted on your behalf that delay is a relevant consideration. The offending occurred on 16 November 2022, some 22 months ago. While some of the delay is as a result of you proceeding to trial, this does not disentitle you from relying on delay, particularly in circumstances where the prosecution have accepted a plea to charges that you initially offered to plead guilty to at the committal stage. I accept that the matter has been hanging over your head causing you a degree of stress, in the context of you also suffering from other mental health concerns.

27Turning to your prospects of rehabilitation. You come before the court at age 44 with no prior criminal history, however you have battled with a drug addiction for a number of years. It seems also that your drug use has led you into dysfunctional relationships - in this instance with a man who was involved in a significant drug trafficking business. That said, since your arrest you have actively engaged in rehabilitation and have successfully completed the CISP program. While that is positive, in my view you require ongoing support and rehabilitation and if you continue as you have, your prospects can be assessed as very good.

Other sentencing considerations

28General deterrence is paramount in cases such as this. While your role in this offending was limited, it was, nonetheless an important role in a very serious drug trafficking business. Others must be deterred from becoming involved in drug trafficking, regardless of the role they may play. You have no prior criminal history and I have assessed your prospects as very good, however in my view given your long term drug problem, specific deterrence still has work to do in the sentencing calculus.

29It was submitted on your behalf that a community correction order is able to meet the relevant sentencing considerations. Mr Nibbs who appeared on behalf of the Director of Public Prosecutions, submitted that in the circumstances a community correction order is within range. I had you assessed for such an order and you have been found suitable. In my view in all the circumstances a community correction order is an appropriate disposition. While all community correction orders are punitive in nature, the order I intend to impose will have specific punitive and rehabilitative components. In that regard I note the Court of Appeal’s comments in Williams v The Queen,[1] as follows:

As was made clear in Boulton, in an appropriate case a CCO provides a flexible sentencing option, enabling punitive and rehabilitative purposes to be served simultaneously. A CCO can be fashioned to address the particular circumstances of the offender and the causes of the offending, and to minimise the risk of re-offending by promoting the offender's rehabilitation. And although as the order of seriousness of offending conduct increases, the likelihood that such a disposition will be appropriate diminishes, a CCO may remain open, even in cases of very serious offending.[2]

[1] [2018] VSCA 171.

[2] Ibid [47], Priest and Hargraves JJA.

Sentence

30Ms Heyman, would you please stand.

31Paige Heyman, on Charges 1 and 2, trafficking in a drug of dependence, you are convicted and will be placed on a community correction order for period of 2 years. You will be required to complete 150 hours of unpaid community work and engage in treatment and rehabilitation in relation to drug use and your mental health. You will also be subject to supervision.

32Pursuant to s 48CA of the Sentencing Act 1991 (Sentencing Act), I direct that all hours that you satisfactorily complete pursuant to the treatment and rehabilitation conditions of the community correction order may be credited as hours of unpaid community work.

33Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 16 months imprisonment with a non parole period of 10 months.