Director of Public Prosecutions v Ireland

[2019] VCC 262

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

AT MILDURA
CRIMINAL JURISDICTION

CR 19-00133

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAYDEN IRELAND

---

JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Mildura
DATE OF HEARING:	8 March 2019
DATE OF SENTENCE:	8 March 2019
CASE MAY BE CITED AS:	DPP v IRELAND
MEDIUM NEUTRAL CITATION:	[2019] VCC 262

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel	Solicitors
For the Office of Public Prosecutions	Mr D. O'Doherty	Office of Public Prosecutions
For the Accused	Ms J. Turfrey	Hilton-Wood Solicitors

HIS HONOUR:

1Jayden Ireland, you have pleaded guilty to one charge of possession of a drug of dependence namely methylamphetamine.  In these circumstances, I am not satisfied that it is for personal use and accordingly, the maximum penalty is a period of five years imprisonment.  You have pleaded guilty to a settled indictment and obviously that plays an important part.  Remorse I am sure is very problematical, but you must also get the utilitarian benefit of it.  When you were arrested by police and then subsequently, you were very cooperative and obviously in these circumstances, I take that very much into account.  The transcript will reveal any other matters that need to be looked into in that regard.

2You do have a prior history, albeit for one so young, that is from the Children's Court and obviously you are still in a stage where you can turn your life around if you really want to.  Insofar as these matters were concerned, it has obviously been dealt down and you in the past have done forty-two days in custody.

3It is clear from what the penalties that were imposed on co-accused, that the one closest to you in terms of age and involvement was given a $3,000 without conviction fine and whilst you do have a series of conviction, the appropriate disposition here is to effectively give that fine, not declare any time served because I do not think it warrants gaol.

4A very simple summary of the offending is that on 7 December 2017, the police intercepted a vehicle.  In that vehicle was Alysha Eastwood, with whom you were getting parity, who was a passenger.  She was sitting in the front passenger's seat, you were in the back.  A search of the vehicle was conducted.  On top of her handbag was a locked case containing material which was a white crystal substance, which subsequently turned out to be 96.6 grams, containing methylamphetamine with a purity of 72 per cent.

5A search of her property involved the finding of money, but that is not your problem.  You have pleaded guilty to possession of that drug and obviously that is what you have got to be sentenced for.  You are twenty years of age.  You were brought up in Ballarat.  From the ages of 10 to 13, your counsel tells me you have had seventeen different places in foster care.  You apparently still have contact with at least one of your parents.  You got to Year 9, and subsequently have been unemployed, other than some blockwork and various other efforts since that time.  You started using amphetamine at the age of 18 and this is where you find yourself.

6I have got no idea what the prospects of your rehabilitation are, you probably have not yourself.  The risk of you reoffending is obviously got to be regarded as significant because two days ago you were rearrested and are in custody in fact on other matters.  But this matter is best simply to be resolved as quickly as possible and accordingly, on the summary charge of fail to appear to which you have pleaded guilty, you are convicted and discharged and on the charge of possess amphetamine.  You are fined - it will have to be with conviction because of your priors.  You are fined $3,000.  You can take what course of that you wish.  There is no other words, I have made the disposal.  Section 6AAA does not apply.

7MS TURFREY:  Section 6AAA - no because it's ‑ ‑ ‑

8HIS HONOUR:  No, not for a fine.

9MS TURFREY:  No.

10HIS HONOUR:  So nothing else I need to do?

11MR O'DOHERTY:  No.

12HIS HONOUR:  No.  All right, you can take him back, thank you for that. 

13MS TURFREY:  Thank you, Your Honour.

‑ ‑ ‑