Director of Public Prosecutions v Hosi

[2017] VCC 852

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-17-00289

DIRECTOR OF PUBLIC PROSECUTIONS

v

CHRISTINA HOSI

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JUDGE:	HIS HONOUR JUDGE GRANT
WHERE HELD:	Melbourne
DATE OF HEARING:	26 June 2017
DATE OF SENTENCE:	26 June 2017
CASE MAY BE CITED AS:	DPP v Hosi
MEDIUM NEUTRAL CITATION:	[2017] VCC 852

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director	Ms T. Saville	OPP
For the Accused	Mr N. Goodfellow	Criminal Lawyers Geelong

HIS HONOUR:

1       Christina Hosi, you have pleaded guilty to one charge of trafficking in a drug of dependence, one charge of possession of a drug of dependence and one related summary charge of dealing with property suspected of being the proceeds of crime.  The maximum penalties for these offences are as follows.

2       Trafficking in a drug of dependence, 15 years' imprisonment.  Possession of a drug of dependence, where the offending is not committed for any purpose relating to trafficking, which is the case here, 30 penalty units or one year imprisonment or both. Dealing with property suspected of being proceeds of crime, two years' imprisonment.

3       I have heard a summary of the offending and it is not my intention to repeat the whole summary.  It has been tendered as Exhibit A in the plea proceedings.

4       Briefly, in June 2016, police commenced an investigation into allegations of drug dealing taking place at an address in Aldershot Road, St Albans Park. At that time, you were residing at that address with the co-accused, Mr Taylor, your younger brother and Peter Urquart.    

5       At 9.30am on 29 June 2016, police attended at your address to execute a warrant pursuant to the Drugs, Poisons and Controlled Substances Act 1991.  You and the co-accused were located in the master bedroom of the premises.  You were searched and found to have a clear re-sealable bag containing methylamphetamine in the back of your underwear.

6       Upon searching the master bedroom, police found a number of other items, including a red 5 litre fuel container in the wardrobe of the room containing 3368.2 grams of 1,4-Butanediol, a plastic drink bottle with a crayfish logo containing 28 grams of 1,4-Butanediol, two clear resealable bags containing methylamphetamine, a Vitamin Water bottle containing 312 grams of 1,4-Butanediol, and two GHB hair curling wands located in the walk in wardrobe.

7       Police also conducted a search of the shed at the house and located a number of items related to Mr Urquart including drugs, drug paraphernalia and the keys to a stolen Mitsubishi Triton, parked at the front of the premises.

8       You were arrested and interviewed.  You made admissions to the police.

9       The trafficking charge relates to your possession on one day of a significant quantity of 1,4-Butanediol.  This substance was delivered to you to by Mr Urquhart’s’ son, Alex who wanted you to mind it for him.  The prosecution accept your plea on the basis that you possessed the 1,4-Butanediol for Alex Urquart to sell.  Although you had no specific knowledge that Mr Urquart intended to sell the drug, it could be inferred from the quantity and your past interactions with Mr Urquart that he intended to traffick the drug.  

10      Ms Hosi, normally people who engage in the trafficking of drugs will be required to serve lengthy periods in prison.  This is not going to happen in your case.  The factors that have persuaded me to release you on an order for time served together with a CCO are as follows.

11      Whilst it is concerning that you should assist Mr Urquart in the way that you did, your culpability for trafficking is, in the circumstances of this case, at the lower end of the scale.  The possession of methylamphetamine was for your own use.

12      After your arrest, you spent 87 days on remand before being released on bail.  That was your first time in prison and I am told that it had a profound effect upon you.

13      You are a young woman who, notwithstanding a background of trauma, has never been in trouble before.  You have been assessed as suffering from a major depressive disorder.  You have reported past sexual abuse and you have suffered from post-natal depression.  I agree with Ms Lechner’s assessment that it would be beneficial for you to undergo a psychiatric assessment.

14      You have been diagnosed with a dermoid tumour, and you are under the care of a neurosurgeon at St Vincent’s hospital, and you are on quite powerful medication for that condition.

15      At the time of the offending, your life was in disarray.  You had broken up with your former partner and you had lost contact with your three children.  You had become a heavy user of methylamphetamine and you were associating with other drug users.  This does not excuse your offending, but it does explain why a young woman with no prior history would get caught up in this criminal behaviour. 

16      Since your release on bail in September 2016, you have been residing with your mother and father and you have responded to their support.  There has been no further offending and there has been no further drug abuse.  You are seeing your children regularly and you want that to continue.

17      I am satisfied that you have good prospects for rehabilitation.  This assessment is subject to the rider that you must continue to remain drug free.  It is my experience that those people who appear in court with a past history of methylamphetamine abuse are at significant risk of relapse.  It is to your credit that you have not abused drugs since your apprehension on the current offences.  You have wisely severed your connections with those people you were associating with in June 2016.

18      As I have already said, you have no prior criminal history.  You have expressed a determination not to return to prison.  You have family support and you are willing to address your mental health and drug problems.  These are strong factors all in your favour.  However, you need to understand how important it is for you to continue to maintain a drug free status.

19      You made admissions to the police and you have entered a plea of guilty.  You were prepared to assist the police with their investigations.  I am satisfied that you are remorseful for your behaviour.  Your plea has utilitarian value.  You will be given credit for all these matters.      

20      Ms Hosi, for all these reasons, I have decided that you should be dealt with as follows.  Will you please stand.

21      On Charge 1, you are convicted and sentenced to 87 days imprisonment, and I make a declaration that you have served 87 days pre-sentence detention.

22      

In addition, on Charges 1 and 2 on the indictment and for the related summary offence, you are convicted and released on a CCO for a period of 15 months with the following special conditions:  That you be under supervision, that you undertake drug treatment and testing, that you undergo mental health assessment and treatment and that you undergo programs to reduce

re-offending.

23      You are required to report to the Geelong Office of Corrections within two working days of this order.  You must comply with all the conditions of this order and you must not reoffend.  If you do not comply with the conditions or if you do re-offend, you will come back before me and you risk going back to jail.

24      Had you pleaded not guilty and been found guilty after trial, I would have sentenced you to an imprisonment term of nine months, together with an 18 month community corrections order.

25      I make the forfeiture and disposal orders sought by the prosecution.

26 I make an order under s.464ZF(2) of the Crimes Act 1958, that you undergo a forensic procedure for the taking of a sample from your mouth. I do so because of the seriousness of the offending, the order is consented to and the order is in the public interest. If you do not consent to the taking of the mouth scraping, police may use reasonable force to obtain that sample.

27      In summary, what that means, Ms Hosi, is that you will be required to provide what we call a buccal swab to the police.  You will have to attend at the appropriate police station within the next 28 days.  That police station will be, Ms Saville?

28      MS SAVILLE:  Geelong.

29      HIS HONOUR:  Geelong.  Geelong Police Station, and if you do not cooperate with the authorities in the taking of the sample, then police will use reasonable force to obtain it, all right?

30      OFFENDER:  Yes, I understand, Your Honour.

31      HIS HONOUR:  All right.  Do you understand what has happened?

32      OFFENDER:  Yes, Your Honour.

33      HIS HONOUR:  Do you have any questions?

34      OFFENDER:  No.

35      HIS HONOUR:  No, all right.  You can be seated there for the moment.  Is there anything more?

36      MS SAVILLE:  No, Your Honour.  I just have the orders.

37      HIS HONOUR:  Yes.  Well, if you hand them up, I will sign them now.

38      MS SAVILLE:  As Your Honour pleases.

39      MR GOODFELLOW:  As Your Honour pleases.

40      (At this stage the court proceeded with another matter.)

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