Director of Public Prosecutions v Matta

[2017] VCC 1955

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-16-01070

DIRECTOR OF PUBLIC PROSECUTIONS

v

GEORGINA MATTA

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JUDGE:	HER HONOUR JUDGE PATRICK
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	13 December 2017
CASE MAY BE CITED AS:	DPP v Matta
MEDIUM NEUTRAL CITATION:	[2017] VCC 1955

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 A. Grant
For the Accused	Ms M. O'Brien

Pages 1 - 6

 

 

HER HONOUR: 

1Georgina Matta, you have pleaded guilty to five charges of possessing a drug of dependence. 

2The circumstances of your offending are set out in the Prosecution Opening which was tendered as Exhibit A.  Briefly, the circumstances were as follows.

3On 8 October 2013, a search warrant was executed at the house which you shared with your husband, Mr Robin Taylor.  Mr Taylor has been the accused in a trial and found guilty of various other charges.  He has also been found guilty of charges in relation to the same substances which were found at your house.  He has yet to be sentenced in relation to those matters.  In any event, what was found was some containers with cannabis.  The cannabis was analysed and weighed.  There were three items of cannabis and was weighed at 2.4 grams, 3.3 grams and 0.6 grams.  Those are the subject matter of
Charge 1. 

4In a Snap Lock bag in a front pocket of a computer was found a quantity of blue heart-shaped tablets.  My recollection is that Mr Taylor, at the trial, said that that was his computer bag.  The tablets contained metandienone - that is the subject matter of Charge 2. 

5Charge 3 and Charge 4 involved a charge of possessing nandrolone and possessing testosterone.  Those charges relate to substances which were found in the refrigerator which were analysed and found to contain nandrolone decanoate and testosterone cypionate in glass vials. 

6Charge 5 relates to the substance prasterone.  In the refrigerator was also found an unlabelled plastic bottle containing white tablets which were analysed and found to contain prasterone.

7The substances which are the subject of Charges 2, 3, 4 and 5 are all anabolic and androgenic steroidal agents and drugs of dependence according to the appropriate schedule.  

8In sentencing you, I have taken into account your personal circumstances which have been described by your counsel in sentencing submissions.  It appears that you had some difficulties in your childhood but had the support, generally speaking, of your family.  You left high school in Year 9 and at the age of 16, moved in with a man who was addicted to drugs.  That clearly was not a positive relationship for you.  During that relationship, you were introduced to speed, amphetamines and cannabis.  You did most of a hairdressing apprenticeship.  You have worked in cafés and hospitality venues. 

9You then had another relationship with a man who physically and emotionally abused you.  Very sadly, during that relationship you contracted an infection and as a result of which you were unable to have children. 

10You met Mr Taylor in 2001 and married him shortly after that.  You spent a period then, it appears, of some stability for about 13 years doing home duties and looking after Mr Taylor's daughter who is now aged 21.

11In 2009, you were sentenced to a term of imprisonment for offences of trafficking in a drug of dependence and possession of a drug of dependence, being a small quantity of cannabis.  You were sentenced to 12 months' imprisonment, seven months of which was suspended for 12 months.  Effectively, you were sentenced to time already served in respect of that.  You have one other court appearance for unrelated matters but earlier on. 

12It appears that when you were released from custody, you fell back into drug use.  Ultimately, you stopped using drugs in 2010 except for cannabis.  Very sadly, when your husband Mr Taylor was released from gaol in 2012, you tried again to have children and were unsuccessful. 

13You were diagnosed with fibromyalgia in 2013.  I accept that that has caused you significant difficulties on an intermittent basis and that at times, things have gone well but at other times, there are flare-ups and you can be severely affected by pain. 

14You started your own café business in 2015 and it appears that that has been relatively successful and stable.  You also run a part-time catering business from home. 

15You, as I understand it, stopped using any form of drugs in 2016.  You have hopes of being able to ultimately gain qualifications and work as a drug and alcohol counsellor. 

16Your counsel in defence submissions submitted that a fine would be an appropriate sentence.  Your counsel particularly relied on your role in this offending in respect of the items that were found in the refrigerator, your early plea of guilty and your steps towards rehabilitation.  The prosecutor in sentencing submissions did not take issue with a non-custodial sentence being appropriate.

17Your offending in this case is of a relatively minor nature, especially compared to your previous offending.  You clearly were personally responsible for the cannabis but I accept that the principal responsibility in relation to the other substances was your husband's. 

18Your previous sentence ought to have been a warning to stay away from illegal drugs altogether.  Having said that, the maximum penalty in respect of Charge 1 is five penalty units.  The maximum penalty in respect of Charges 2 to 5 is one year's imprisonment and/or 30 penalty units.  But as I have said, I bear in mind what your particular role was in respect of those matters. 

19There are matters I have taken into account in mitigation.  You did make early indications of a plea of guilty.  There has been considerable delay in this matter which has meant that the matter has been hanging over your head for a very long time.  During that period of time, it appears that you have taken steps to try and stabilise your life and to work in an area other than the clinic operated by your husband. 

20You, as I understand it, have undertaken various forms of counselling and treatment to try and deal with your fibromyalgia and issues of stress and anxiety.  You have family support.  All of those matters bode well for your prospects of rehabilitation.  Your plea of guilty is accepted by the prosecution as being an expression of remorse.  It also clearly has had a utilitarian benefit and ought be taken into account. 

21It is to your credit that you have been able to cease using illegal drugs and it appears that you are finding that beneficial.  That is very encouraging from your point of view.  If you are able to do that, then I think that the future looks a very positive one for you.  No doubt there will be a lot of hard work but it appears to me that you have the attributes that mean that you will be able to engage in the career change that you wanted ultimately, even if it takes some time.

22Taking into account your role, the relatively minor nature of the offending and the matters in mitigation, I consider that a fine or fines can adequately meet the sentencing considerations of punishment, specific deterrence and general deterrence.  Can you stand up please, Ms Matta?

23In relation to Charge 1 - possession of a drug of dependence namely cannabis L, you are convicted and fined $400.  In respect of Charges 2, 3, 4 and 5, you are convicted and fined an aggregate fine of $1500.  The total amount of the fines is $1900.  I will give you a two-month stay on that fine which means that you have got two months to pay it off.  If you cannot pay it off in two months, you can contact the court and get an instalment order organised.  Ms O'Brien will explain to you how that all works.  Thank you.  Can you take your seat please for the moment?

24HER HONOUR:  Thank you very much.  And I suppose, Ms Matta, I may see you again at Mr Taylor's plea.  Thank you.

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