Director of Public Prosecutions v Kitt

[2017] VCC 1203

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

AT MILDURA
CRIMINAL JURISDICTION

CR-17-00389

DIRECTOR OF PUBLIC PROSECUTIONS

v

MATTHEW KITT

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JUDGE:	HIS HONOUR JUDGE M.P. BOURKE
WHERE HELD:	Mildura
DATE OF HEARING:
DATE OF SENTENCE:	25 August 2017
CASE MAY BE CITED AS:	DPP v Kitt
MEDIUM NEUTRAL CITATION:	[2017] VCC 1203

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. O'Doherty
For the Accused	Mr H. Middleton

Pages 1 - 7

 

 

HIS HONOUR: 

1Matthew Kitt, you are to be sentenced for one charge of trafficking in the drug of dependence, methylamphetamine, ten charges of burglary, 13 charges of theft, one charge of theft of a firearm, two charges of being a prohibited person in possession of a firearm, two charges of obtaining property by deception, three charges of handling stolen goods, one charge of criminal damage and one charge of possession of a drug of dependence.

2Applicable maximum sentences are as follows:  ten years' imprisonment for burglary, theft, prohibited person possessing a firearm, obtaining property by deception and criminal damage; 15 years' imprisonment for trafficking in a drug of dependence, theft of a firearm and handling stolen goods; and, in the circumstances of this case, 12 months' imprisonment for possession of a drug of dependence . 

3You are also to be sentenced for the summary offences of dangerous driving, maximum sentence two year's imprisonment; tampering with a motor vehicle, 14 days' imprisonment; and, failing to stop a motor vehicle upon police request which attracts a maximum fine of five penalty units.

4You entered pleas of guilty before me on 23 August.  When interviewed by police in May 2016, you exercised your right to silence.  The matter was listed for contested committal on 2 March 2017.  However, the matter settled on that day.  The committal went by hand-up brief and you entered a plea of guilty.  It was then listed for plea hearing at this Mildura County Court sittings. 

5At the plea hearing, also on 23 August, Mr O'Doherty, for the Crown, tendered a written Crown opening, a schedule of valuation of stolen items and the victim impact statements of Fred Williams, Blanche Buckley and Jamie Rogers. 

6Mr Tovey, for you, tendered a number of letters of character references, the letter of drug and alcohol counsellor, Ricky Abad, a drug screen testing result dated 6 August 2012 and a number of certificates relating to rehabilitation programs undertaken in remand custody.  Mr Tovey called your mother, Sandra Kitt, to give evidence on your behalf.  He also provided written submissions on the plea.

7The circumstances of your offence are comprehensively detailed in the tendered Crown opening, which is Exhibit A.  My own summary may therefore be short.  Broadly put, between December 2015  and April 2016, you committed a series of crimes assisted by others, mainly one Luke Parfrey, largely directed at farming properties in the Robinvale, Swan Hill and Sunraysia areas. 

8Commonly, and there were burglaries and thefts from large farming sheds.  You also handled stolen goods.  The good included motor vehicles, farm vehicles, machinery and equipment, power tools and other farming supplies such as fuel and chemicals.  On one occasion, you stole a firearm.  You supplied drugs, usually methylamphetamine, to Parfrey and others.  There was movement into New South Wales.  Firearms were possessed by you at times. 

9It appears that you were often moving or selling goods stolen interstate.  The total value of items stolen or handled was about $190,000.  Goods and property were not infrequently damaged.  Bearing all in mind, the net loss is said to be about $100,000.  The offending attacked rural livelihood and machinery and property relied upon for that.

10There was some incidental offending.  You stole a generator from a houseboat.  You twice obtained property by deception at a Bunnings store by switching products.  The value was relatively minor.  You tampered with a motor vehicle, attempting, without success,  to steal from it. 

11On 15 April, you drove dangerously when escaping police interception.  You failed to stop upon police request.  You were also found to be in possession of a relatively small amount of methylamphetamine.  That was the drug you were found in possession of, I think, Mr O'Doherty?

12MR O'DOHERTY:  Yes, Your Honour.

13HIS HONOUR:  Yes, thank you.  I accept that you were heavily using methylamphetamine during this time.  The purpose of the offending was to fund your drug use.  The offending was planned it might be said, most clearly early in the period.  Modus operandi of a kind was established.  The offending became particularly intensive in the early to mid-part of April.  I accept that it had by then become reckless, desperate and somewhat random. 

14You were arrested in early May when at your parents' home in Robinvale.  Your mother had encouraged you to come there  and called the informant.  She was both concerned about your offending and your welfare.  The sad irony is that your family is a well-respected part of the farming business community you offended against.  Such was the level of harm caused and concern at this offending that your mother, in her role at one of the businesses, was part of managing an investigation into it. 

15You had worked and done so successfully at that business.  Mr Tovey was correct to say that you betrayed your family and community. 

16Your co-offenders have been dealt with. Cameron Brown, Seoni Collo and Melaniate Siale, who were involved in a lesser way, have been given non-custodial sentences.  Luke Parfrey was sentenced by me on 10 March 2017 to 18 months' imprisonment combined with, upon release, a community corrections order of two years' duration.  Major factors related to his sentence were past assistance to the investigation and proceedings against you and his undertaking of future assistance. 

17You are a 28 year old man presently awaiting this sentence in remand custody.  You were 26 years of age at the time of offending.  You were raised in a functional, supportive family, one which, as I have said, has a high reputation in the community against which you offended.

18You partner, mother, father and younger brother attended court.  The evidence include letters by your parents, Sandra and Jeffrey Kitt and your partner, Anna Kourfusi.  As stated, you mother gave evidence before me. 

19You did well at school and have been a talented sportsman.  After school you worked at Select Harvest, the farming business which employs your mother.  You excelled and, as she explained in evidence,  held a senior management position at 21. 

20It seems that you began using methylamphetamine in about 2012 and your life declined.  You were then 23.  You had partnered Anna Kourfusi and have three children, now aged 11, nine and four years.  In the face of the difficult circumstances you and your drug use have created for her, your partner remains staunchly supportive of you, as has your family.

21Arising out of offending and consequent proceedings in 2014, you were motivated to address your drug dependence.  You attended psychological counselling, there were weekly drug tests and your family moved into your parent's home.  You appeared to be drug-free until January 2016 when you relapsed.  This offending followed. 

22Your criminal record filed with the indictment states three prior court appearances between January 2011 and December 2014.  The two 2014 appearances were for drug and firearm offences.  In May 2014, you received a suspended prison sentence for trafficking methylamphetamine. 

23I also note, as raised with counsel at the plea hearing, that a 12 month suspended sentence was imposed in January 2011 for burglary and theft.  That seems prior to the time of entrenched drug dependence put to me.  I was told that it related to goods similar to some of those stolen here and of considerable value. 

24Since your arrest in May 2015, you have been in remand custody.  I accept that you have made a determined effort at rehabilitation there.  That includes drug counselling which has been individual and quite intensive, given the custodial setting.  Because you gave assistance to authorities in respect of another investigation and proceeding, you are placed in protection.  I accept both the need and the onerous circumstances of that for you.  For example, you are usually within your unit or cell for 23 hours of each day with, therefore, only one hour of yard exercise.  I take this into account. The situation will continue after my sentence. 

25I also accept the evidence of your mother that, whilst in custody, you have developed an insightful sense of remorse and realisation of the harm you have caused. 

26This was serious damaging offending.  It was prolonged, at its end intensive, and on a large scale.  As stated, it was a betrayal.  Such circumstances make relevant sentencing considerations of deterrence, your moral culpability, the need to condemn what you did and for proportionate punishment.  Drug use and dependence explains but does not mitigate the offending.  There must be a significant period of imprisonment. 

27I also take into account moderating factors.  They particular include the following.  

(1)  Your plea of guilty.  

(2)  I accept that you have developed genuine remorse.  

(3)  You are still relatively young and I see you as having genuine prospects for rehabilitation.  You have family support, good work capacity and ability.  You intend further education and the evidence includes that you have work available to you upon release from prison.  Your chances of rehabilitation and a better life for you and your family depend heavily on your ability to reform from drug use. 

These matters go to reduce your sentence and I have decided may, particularly in this case, be considered in relation to the length of your minimum term.

28A question of parity with the sentence of Parfrey was raised.  There are significant differences.  I find that Parfrey was a lesser participant.  Particularly though, he received the benefit of his assistance to authorities including, of course, his undertaking of future assistance. 

29However, I should have some reference to what I imposed upon Parfrey.  That is made less easy by the necessarily different structures of the two sentences.

30I imposed an aggregate sentence upon Parfrey.  I find it appropriate to impose such a sentence upon you.

31On all charges, I impose an aggregate sentence of five years imprisonment.  I set a minimum term of two years and eight months.  I declare under s.18, 478 days of pre-sentence detention.  Under s.6AAA, I indicate that had you not pleaded guilty, I would have imposed a sentence of seven years with a minimum term of five years.  What other matters are there?

32MR O'DOHERTY:  Two orders sought, Your Honour, a forensic sample order and a disposal order for the drugs.

33HIS HONOUR:  A forensic sample?

34MR O'DOHERTY:  There is not one already taken, we have checked that.

35HIS HONOUR:  All right, thank you.  The forensic sample order entails that you yourself place a cotton swab inside your mouth and provide it in that way.  If you cooperate in that, that is the end of it.  If you do not, you must supply a sample of blood by injection or reasonable force can be used.  The reasons for my making of this order on the seriousness of the circumstances of this offending is that you have relevant prior convictions.  It is in the public interest that - arrangements will be made in prison for this to occur.  Was it opposed?  I think not. 

36MR MIDDLETON:  No.

37HIS HONOUR:  I will sign that now.  I have signed that.  There is the disposal order.  That is related to the methylamphetamine.  There was glass pipe related to that found in your possession.  I will sign that order now.  Now, is there anything else I need to do.

38MR O'DOHERTY:  No, Your Honour.

39HIS HONOUR:  Now, Mr Kitt will be taken into custody.  The people that have come here to support you, they may briefly speak to you.  That will have to be short, Mr Middleton.  That can happen now.  Regrettably, this must be short,
Mr Middleton.  It must be short - I am sorry.  Yes, Mr Kitt can be taken into custody. 

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