Director of Public Prosecutions v Lowson

[2016] VCC 428

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

AT MELBOURNE
CRIMINAL JURISDICTION

AP-16-0113

DIRECTOR OF PUBLIC PROSECUTIONS

v

NATHAN LOWSON

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JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHERE HELD:	Melbourne
DATE OF HEARING:	14 April 2016
DATE OF SENTENCE:	14 April 2016
CASE MAY BE CITED AS:	DPP v Lowson
MEDIUM NEUTRAL CITATION:	[2016] VCC 428

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms F. Holmes	Office of Public Prosecutions
For the Offender	Mr J. Saunders	Valos Black & Associates

HIS HONOUR: 

1I have received the assessment in relation to this matter and it finds Mr Lowson suitable.

2First of all, in terms of the appeal, my view, given the circumstances pertaining to it and having read the appropriate summaries which were tendered and will be retained on the court file as Exhibit B, it seems to me that the appropriate course is to set aside the order of the magistrate and to reimpose a community corrections order.  What I will do is I will vary it, reducing the amount of hours to 60 hours.  I am not sure at what point in that 12 month period you will be able to access that opportunity, but if the building in which he is engaged at the moment in order to secure stable accommodation finishes at some point, I am sure that correctional authorities will be able to arrange for work at that point.

3MR SAUNDERS:  Your Honour, it's a matter for them to fit it, Mr Lowson can do it.  His obligations in relation to unemployment of course were less flexible but he can move around these hours.  That won't present a problem, sir.

4HIS HONOUR:  In relation to the indictable offence, I should say, I will not recite the matters in the summary of prosecution opening which were direct and to the point. Suffice it to say that his plea is to possession of equipment relating to the manufacture of a drug of dependence. 

5However, clearly the Crown has, by the way in which it has put this matter, conceded that in aiding and abetting Mr Kelly's possession of that equipment, that was done by way of participation only in terms of the upkeep, maintenance or cleaning of the premises in which Mr Kelly appears was extracting and dealing with pseudoephedrine in an effort to ultimately manufacture methylamphetamine.

6Given those circumstances, it seems to me that in relation to that, despite the fact that Mr Lowson has a prior conviction in 2003 which was however recorded without conviction, adjourning that particular matter, that again the appropriate penalty under the circumstances is a community corrections order.

7The order will run concurrently with the order in the appealed matter which I have just confirmed and varied.  I will not add any hours of work.  They will run concurrently, I repeat, and he will have obligations thereunder to be supervised, to therefore attend at supervision meetings, to obey the Correctional Services in relation to work hours and to attend for both assessment and treatment for drugs and for programs relevant to the offending. 

8Mr Lowson, I want you to understand very clearly and I am sure Mr Saunders would have pointed this out already, that a community corrections order is not a get out of gaol free card.  The obligations start very quickly.  Within a couple of days you are going to have to report to the Dandenong office.  There will be an induction period.  There will then be appointments made for you to attend.  You will have to attend them.  

9OFFENDER:  Yep.

10HIS HONOUR:  There will then be other appointments and meetings that you will have to attend.  Now, I know that people are not used these days to use a diary, to attend to appointments in a timely fashion.  But if you do not, you will be in contravention of this order.

11Now, I am giving you the opportunity to remain abstinent – that is, not take any drugs.  The Correctional Services and these orders are there to help you, to assist you.  They will be able, for example, to assist you with employment, with all sorts of other manner of things that you might be in need of in the next 12 months.

12But from your part this order requires that you attend at appointments and that you engage positively with the Correctional Services.  If you do not, you will be breached and if you are breached, you will be brought back before me and I will not be so lenient next time and the matter will be brought back at a time probably that will be most inconvenient to you and your family.  But you will not have any options then.  Right now you have got options.  The option you have got is abide by this order.

13OFFENDER:  Yep, that's no problem.

14HIS HONOUR:  In the future, if you do abide by the order, people will be able to see that you have and that you have got the capacity to abide by community corrections directions.  If you do not, you give judges and magistrates in the future really no choice.  You will be going to gaol.  If that is what you want to do, breach this order.

15OFFENDER:  Okay.

16HIS HONOUR:  I will sign the forfeiture and disposal orders.

17MR SAUNDERS:  As Your Honour pleases.

18HIS HONOUR:  In relation to the indictable matter I will declare that but for the plea I would have sentenced Mr Lowson to six months' imprisonment.

19I have signed those orders.  Yes.  Mr Saunders, would you just ask your client to leave the dock so he can sign the order.

20MR SAUNDERS:  Would you come forward, please.  Just come up to the Bar table.  May he be seated behind me, Your Honour?

21HIS HONOUR:  There is another set, I think, is that right?

22ASSOCIATE:  Yes, he signed them.

23HIS HONOUR:  Signed them?  Yes.  Thanks, Mr. Associate.  Are we done?  Thank you, Mr Saunders.  Thank you.

24MR SAUNDERS:  Thank you, Your Honour. 

25HIS HONOUR:  Sine die.

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