Director of Public Prosecutions v Hynes
[2019] VCC 2013
•2 December 2019
| IN THE COUNTY COURT OF VICTORIA AT MILDURA CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-19-01150
Indictment No: J12407157
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| JARROD HYNES |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Mildura | |
DATE OF PLEA HEARING: | 20 November 2019 | |
DATE OF SENTENCE: | 2 December 2019 | |
CASE MAY BE CITED AS: | DPP v Hynes | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 2013 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing – Trafficking in a drug of dependence and knowingly deal with proceeds of crime.
Legislation Cited: Criminal Procedure Act 2009; Drugs, Poisons and Controlled Substances Act 1981; Firearms Act 1996; Confiscation Act 1997
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D O’Doherty | John Cain, Solicitor for the Office of Public Prosecutions |
| For the Accused | Mr G Tellefson | Martin, Irwin & Richards Solicitors |
HER HONOUR:
1 Jarrod Hynes, you have pleaded guilty before me on one charge of trafficking in a drug of dependence (methylamphetamine) between 6 July 2018 and 12 September 2018; one charge of knowingly deal with proceeds of crime, being $4,255 cash; one charge of possession of a trafficable quantity of firearms and one charge of being an unlicensed person storing a firearm in an insecure manner.
2 In addition, you pleaded guilty to three summary charges that were transferred pursuant to s145 of the Criminal Procedure Act 2009, namely one charge of possess a prohibited weapon without exemption (an extendable baton), one charge of committing an indictable offence, namely trafficking methylamphetamine whilst on bail and one charge of contravening a conduct condition of bail, insofar as you were not residing at 127a Darling Street, Wentworth, New South Wales when you were arrested.
3 In addition, you have admitted your prior criminal history and there is a history that spans the period from 21 August 2013 up to and including 30 August 2018. There are three appearances recorded in New South Wales in respect to some bail offences and a charge of driving with illicit drug present in the blood. There are six prior appearances in the Magistrates’ Court in Mildura, some of which are of particular relevance to my sentencing you today. You have appearances and convictions recorded for driving offences, firearms offences, fail to answer bail, contravening Family Violence Intervention Orders, contravening conduct conditions of bail, convictions for criminal damage, contravention of Community Correction Order (2016 and 2017), possession of methylamphetamine, knowingly possess child pornography, possess prohibited weapon without exception or approval, possess a controlled weapon without excuse, possess a dangerous article in a public place and you have a previous conviction recorded in 2017, for trafficking methylamphetamine.
4 In 2017 you were placed on a Community Corrections Order which you then breached, and upon that contravention being found proven, the original order was varied to extend the operational period of that order.
5 Thereafter, you were dealt with again for contravention of that order, for which you were placed on a further order of 12 months in combination with a 3-month imprisonment term.
6 On 27 September 2017, you were dealt with in respect to driving whilst disqualified and placed on a Community Corrections Order.
7 This offending therefore constitutes a contravention of those Community Corrections orders and that is an aggravating feature of your offending and also reflects poorly on your rehabilitation prospects.
8 You have three outstanding matters in the Magistrates' Court, concerning contravention of Community Corrections Order as well as fresh charges for possession of a drug of dependence, namely methylamphetamine, on 15 July 2018, possess a prohibited weapon, namely a flick knife, on 15 July 2018, and one drive whilst disqualified on that same date. Those matters are to be dealt with tomorrow at the Mildura Magistrates' Court.
9 I shall now proceed to sentence you on the basis of the Summary of Prosecution Opening that was read at the plea hearing, there being no objection taken to such by your counsel, Mr Tellefson.
10 You were 27 at the time of offending, you are now 28.
11 On 12 September 2018, you were arrested at 603 Seventeenth Street, Mildura, where your father, John Hynes, resides. Police executed a search warrant under the Drugs, Poisons and Controlled Substances Act 1981 and a Firearms Act 1996 search warrant.
12 Prior to gaining entry, they located a small Ziploc bag containing methylamphetamines under the door mat.
13 Thereafter, when police gained entry to your premises, you were found asleep in the front bedroom of the house and that was contrary to the condition of bail, where you were required to live at the address nominated in Wentworth (Summary Charge 17).
14 When asked if you would like to declare anything, you told police “I don’t have anything here that I am not supposed to” however upon further questioning you told police there were several firearms stored under your bed.
15 A systematic search of the property was conducted and police located three firearms under your bed, being a GECADO air rifle,.22 calibre air rifle, and a .22 calibre bolt-action rifle which had its barrel shortened and had a defaced serial number (Charges 3 and 4). A collapsible baton was also located underneath the bed, which is a prohibited weapon (Summary Charge 15).
16 In a bag in the bedroom there was a wallet that had $4,255 cash suspected of being proceeds of crime (Charge 2), and also there was a gram of methylamphetamine found in your wallet.
17 Located on a chair in the bedroom was a black Nike satchel bag that contained a snap-lock bag containing 30 grams of methylamphetamine and four smaller snap-lock bags containing a total of 8.2 grams of methylamphetamine.
18 A set of black and green “Tuff-Weigh” scales were located on the bedside shelving units and those scales contained white residue.
19 A purple Décor container was found located on the desktop, containing a small amount of methylamphetamine. There was a small Spirax notebook containing handwritten notes recording drug transactions namely “a tick sheet” was also located on the desktop.
20 In the underwear drawer, a large snap-lock bag was located which contained various smaller snap-lock bags containing approximately 30.68 grams of methylamphetamines in total.
21 In the front bedroom cupboard was a small notepad containing handwritten notes, being a different “tick sheet”, which had records of drug transactions recorded.
22 In a large shed at the rear of the property police located various ammunition of a variety of calibres and capacity, and within a cupboard on the left-hand side of the shed there were two snap-lock bags containing quantities of methylamphetamine.
23 Inside the tool chest of drawers within the shed police found a 410 shotgun that had been shortened at the stock and barrel, as well as having its serial number defaced and that is included as part of (Charge 3).
24 Police also located a Samsung mobile phone that was later analysed and showed frequent contact relating to drug trafficking with at least twelve known drug entities. Those communications indicate that you were trafficking, on average, 3 ounces of methylamphetamines per day (Charge 1).
25 You were taken to Mildura Police Station, where you were formally interviewed and made no comment.
26 This matter settled on 7 June 2019 at a committal hearing prior to any witnesses being examined and you thereafter entered pleas of guilty to each of the charges.
27 Mr Hynes, your offending is serious, and that is reflected in part in the maximum penalty prescribed by law for each of the charges and they are, in respect to Charge 1, the trafficking charge and Charge 2, knowingly deal with proceeds of crime charge, 15 years’ imprisonment; in respect to Charge 3, the possession of a trafficable quantity of firearms, that is 10 years' imprisonment or 1,200 penalty units; in respect to Charge 4, being an unlicensed person storing a firearm in an insecure manner, 240 penalty units or 4 years’ imprisonment and in relation to the related summary offences, 240 penalty units or 2 years’ imprisonment in respect to summary charge 15 relating to possession of a prohibited weapon, 30 penalty units or 3 months’ imprisonment in respect to summary Charge 16, committing an indictable offence whilst on bail, and contravention of a conduct condition of bail, summary Charge 17.
28 Following your arrest, you were remanded in custody and you have been in custody since that time, and I understand that there are 447 days pre-sentence detention to be declared.
29 Mr Tellefson, on your behalf, acknowledged the seriousness of the offending. His submission was having regard to all of the mitigating factors that the Court ought to give consideration to sentencing you to a combination sentence of imprisonment, to be followed by a Community Correction Order.
30 In sentencing you, I must impose just punishment. As discussed during the plea hearing, to impose the disposition sought on your behalf would not adequately reflect the gravity of the offending, taking into account all matters personal to you and in mitigation of your sentence.
31 This is serious offending and, having regard to your antecedents and, in particular, your convictions for trafficking methylamphetamine in 2017 and convictions for various firearms offences recorded in 2016 and 2017, taken together with your pattern of failure to adhere to the terms of Community Corrections Orders that have been imposed in the past, all that means that such a disposition is not appropriate.
32 In formulating just punishment, I have had regard to your personal history and background. You are the older of two children. You lived with your parents, your father, John and mother, Leanda, until they separated when you were aged twenty-four. There is a younger sister, Jaymie, who is aged 26. Your mother, sister and friends have been present during the plea hearing and each of them remain supportive of you.
33 You completed your education in the Mildura area, and transferred to Mildura Senior College for Year 11 where you undertook a school-based apprenticeship in welding. You then took up an apprenticeship with Leader Farm Equipment and worked in a team of about 30 tradesmen in the fabrication and construction of heavy farming vehicles, including wheat and grape harvesters. You completed your apprenticeship successfully in 2010.
34 You continued in the company until 2012 when you left to start working at another firm, Gazebo and Shade Centre Mildura. This was a different type of construction company; a much smaller business, where you were the foreman of a small crew of employees and you had the responsibility as being second in charge.
35 Unfortunately, you became addicted to methylamphetamine and your ability to continue working was severely compromised so much so that you ceased working in 2016.
36 Your past criminal history largely reflects your reliance on methylamphetamines and becoming enmeshed in the drug scene, dealing methyl amphetamines to feed your escalating habit.
37 You have had a long-term history of drug use commencing sporadically from about age 17. You initially took drugs socially, but then gradually your addiction became your primary life focus. You were using methylamphetamine from age 21 and, as a consequence of your severe addiction, you have lost your long-term employment and in addition, a long-term relationship broke down because of your drug usage.
38 You were raised in the Irymple area and played football for many years and also participated in the North West Motor Cycle Club. All those interests were foregone as a consequence of your addiction to drugs. That in part, that is, your drug addiction and necessity to feed your drug addiction through selling drugs, explains your involvement in this offending, but that in no way excuses the offending.
39 You instructed your counsel that you accepted the firearms, that were the subject of Charge 3, as a payment for a drug debt.
40 There is no doubt, that at the time of your apprehension, you had a significant addiction to methylamphetamine and it is evident from the drugs and moneys discovered by police, as well as all the other usual accoutrements of dealing namely, scales, bags, tick sheets, telephone records and drugs means that you were undertaking a business of some size in the Mildura area.
41 I am aware that this is your first time in adult custody, and that you have spent that time, 442 days in remand with the restrictions that places upon you. Nonetheless, you have employed your time usefully in custody and you have been working as head billet and kitchen hand and you have been able to undertake some programs directed at addressing your methyl amphetamine addiction, and emphasising the need for you to make better choices in the future.
42 Fortunately, you are a person who does have good work prospects for the future, and I was provided with correspondence from Separator Technology Solutions in relation to a trades assistant position and an opportunity for you to work there casually upon your eventual release.
43 Whilst in custody, I accept that you have made some tentative steps to address your underlying drug addiction and there have been six counselling sessions from 9 July 2019 to 27 August 2019, with Jennifer Sankaran, psychologist, and in her letter addressed to the court dated 21 October 2019, she confirms that you suffer Severe Stimulant (Methamphetamine) Use Disorder, along with limited coping and problem-solving skills.
44 During her counselling sessions, you have been examining the reasons for your vulnerability to drug use and relapse. You have indicated a willingness to continue to work with professional support to enable you to deal with your addiction in the future.
45 In assessing your rehabilitation prospects, I have had regard to your positive family supports, the prospect of employment, your commitment to continue with drug treatment and rehabilitation and also the opportunity for you to be able to live in a stable residence with your mother upon your eventual release. Overall I assess that you do have reasonable prospects of rehabilitation, however it is absolutely imperative that you continue to address your severe stimulant use disorder, which is in early remission in a controlled environment, otherwise you will remain at real risk of relapse and further associated offending.
46 I recommend to the authorities the suggestions made by David Ball, the forensic psychologist. You do require intensive and structured drug-release prevention treatment aimed at the antisocial features within your personality and coping skills training.
47 In sentencing you, there is a need for this Court to emphasise general deterrence referable to both the drug and firearm offences and on behalf of the community, I condemn your behaviour.
48 Ultimately, I have decided that the most appropriate and only appropriate disposition is a term of imprisonment to be immediately served with a non-parole period to be fixed.
49 There is a further need to emphasise specific deterrence when sentencing. You have had many opportunities provided to you in the past and courts have extended much leniency towards you, but you have not availed yourself of the many opportunities that you have been provided to address your underlying addiction and offending behaviour.
50 The protection of the community is also a relevant factor and I must bear in mind the likelihood of you re-offending. It is absolutely imperative for the future, Mr Hynes, that if you are stop reoffending, you must cease all use of illicit drugs.
51 I have had regard to the principles of totality and proportionality in fixing the appropriate sentence. I will now ask that you stand.
52 I make the following formal orders.
53 Charge 1, which is the trafficking charge, you will be convicted and sentenced to 2 years’ imprisonment and that is the base sentence.
54 Charge 2, knowingly deal with proceeds of crime, convicted and sentenced to 1 year's imprisonment.
55 Charge 3, possession of a trafficable quantity of firearms, convicted and sentenced to 18 months imprisonment.
56 Charge 4, unlicensed person store a firearm in insecure manner, convicted and sentenced to 6 months’ imprisonment.
57 Summary Charge 15, possess prohibited weapon, convicted and sentenced to one month imprisonment.
58 Summary Charge 16, commit indictable offence whilst on bail, convicted and sentence to one month imprisonment.
59 Summary Charge 17, contravene conduct of bail condition, convicted and sentenced to one month imprisonment.
60 I make the following order in respect of cumulation. Six months of the sentences imposed on charges 2 and 3 will be cumulative upon each other and the sentence imposed on charge 1 and that makes a total effective sentence of 3 years' imprisonment and I fix a non-parole period of 18 months.
61 I make the following declaration of pre-sentence detention. I declare that you have served 447 days pre-sentence detention and direct that that be entered into the records of the Court.
62 I make the following s.6AAA declaration. But for your plea of guilty, I would have imposed a term of imprisonment of 4 years to serve 3 years.
63 I make the Forfeiture Order under s151 of the Firearms Act in respect of the four firearms.
64 I make the Forfeiture Order under s32(1) of the Confiscation Act 1997 in respect to the cash $4,255.
65 I make the Disposal Order under s78 of the Confiscation Act in respect of the seized methylamphetamine.
66 That completes my sentencing remarks.
67 MR TELLEFSON: If Your Honour pleases.
68 HER HONOUR: Thank you. All right, we can adjourn.
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