Director of Public Prosecutions v Mazzeo

[2020] VCC 684

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-02203

DIRECTOR OF PUBLIC PROSECUTIONS

v

STEPHANIE MAZZEO

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	18 May 2020
DATE OF SENTENCE:	25 May 2020
CASE MAY BE CITED AS:	DPP v Mazzeo
MEDIUM NEUTRAL CITATION:	[2020] VCC 684

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW

Catchwords: Sentence – Plea of guilty – Trafficking in a commercial quantity of a drug of dependence; Trafficking in a drug of dependence; Handling stolen goods; Prior criminal history; Prospects of rehabilitation; Co-offender.

Legislation Cited: Drugs, Poisons and Controlled Substances Act 1981; Crimes Act 1958; Control of Weapons Act 1990; Sentencing Act 1991; Bail Act 1977

Cases Cited: Akoka v The Queen [2017] VSCA 214

Sentence: Total effective sentence of 1 year 9 months imprisonment with a non-parole period of 9 months – Pre-sentence detention of 101 days declared as having been served – s.6AAA declaration – 2 years 6 months with a non-parole period of 1 year 6 months

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr T. Bourbon	Office of Public Prosecutions
For the Offender	Ms J. McGarvie	SPA Lawyers

HIS HONOUR:

1Stephanie Mazzeo, you have pleaded guilty to the following charges.

i.Trafficking in a commercial quantity of a drug of dependence, namely methylamphetamine, contrary to s.71AA(1) of the Drugs, Poisons and Controlled Substances Act 1981. The maximum penalty for that offence is 25 years' imprisonment;

ii.Trafficking in a drug of dependence, namely MDMA, contrary to s.71AC(1) of the Drugs, Poisons and Controlled Substances Act 1981. The maximum penalty for that offence is 15 years' imprisonment;

iii.Possession of a drug of dependence contrary to s.71(1) of the Drugs, Poisons and Controlled Substances Act 1981. In the circumstances of this case the maximum penalty for that offence is five years' imprisonment or a fine of 400 penalty units or both;

iv.Handling stolen goods contrary to s.88 of the Crimes Act 1958. The maximum penalty for that offence is 15 years' imprisonment.

2You have also pleaded guilty to the following related summary offences:

i.Possession of a prohibited weapon contrary to s.5AA of the Control of Weapons Act 1990. The maximum penalty for that offence is two years' imprisonment or a fine of 240 penalty units;

ii.Committing an indictable offence on bail contrary to s.30B of the Bail Act 1977. The maximum penalty for that offence is three months' imprisonment or a fine of 30 penalty units;

iii.Dealing with property suspected of being the proceeds of crime contrary to s.195 of the Crimes Act 1958. The maximum penalty for that offence is two years' imprisonment, and;

iv.Possession of a Schedule 4 poison contrary to s.36B(2) of the Drugs, Poisons and Controlled Substances Act 1981. The maximum penalty for that offence is a fine of 10 penalty units.

3You pleaded guilty at committal proceedings on 6 November 2019 and I have taken your early plea into account in your favour in mitigation of sentence.  I accept, as was submitted by your counsel, that yours is a high value plea of guilty.

4You have admitted a criminal history involving three prior court appearances for drug related offending.  Of significance in this case is your appearance at the Moorabbin Magistrates' Court on 15 March 2016, when you were placed on a community correction order for 18 months for trafficking methylamphetamine and other related charges.  Furthermore, your offending on this instance occurred whilst you were on bail for charges of theft of a motor vehicle, driving while suspended and possession of drugs of dependence.  Those offences were dealt with by the Ringwood Magistrates' Court on 26 June 2019, while you were undertaking drug treatment and rehabilitation at The Cottage in Shepparton, and you were placed on an adjourned undertaking to complete that program.

5A prosecution opening was tendered in evidence and accepted as accurate by your counsel and your offending may be summarised as follows –

6On 4 January 2019 investigating police executed a search warrant at premises in Seaford that you resided at with your co-offender, Damian Bajata.  During the search the following items were located and are now relied upon by the prosecution –

i.122.83 grams of methylamphetamine – 84.05 grams of which was pure methylamphetamine.  A commercial quantity of that substance is not less than 50 grams of pure methylamphetamine.  This substance is relied upon in support of Charge 1 on the Indictment;

ii.13.1 grams of MDMA – 4.09 grams of which was pure MDMA.  A traffickable quantity of that substance is not less than 3 grams.  This substance is relied upon in support of Charge 2 on the indictment;

iii.A small quantity of cannabis, a number of Alprazolam tablets, two tablets containing Methenolone and a glass jar containing 37.3 grams of 1-4 Butanediol.  These substances are relied on in support of Charge 3 on the indictment;

iv.A Movo laptop computer which is relied upon in support of Charge 4 on the indictment, a double edged locking knife, $2,200 in cash and three tablets containing Quipazine. 

v.Various other items were seized demonstrating that you were engaged in the business of drug trafficking and the drugs of dependence the subject of Charge 3 on the Indictment were in your possession for that purpose.

7Your iPhone and iPad were analysed and a number of text messages located on the devices demonstrated that you regularly engaged in the business of drug trafficking to your friends and associates.

8You answered “no comment” to all questions put to you by investigators and were remanded in custody until you were granted bail on strict conditions by the Melbourne Magistrates' Court on 8 April 2019.

9It is well established that trafficking in drugs of dependence is an offence of the utmost seriousness that causes immeasurable harm to the community.  Methylamphetamine is a particularly pernicious substance and its use is widespread and highly destructive.  The sentence I impose must be calculated to deter others from engaging in this activity, and by reason of your prior conviction for drug trafficking specific deterrence is also an important consideration in your case. 

10It is also incumbent on the court to protect the community from crimes of this nature and from persons like you, who are engaged in this illegal activity.

11By operation of s.5(2H) of the Sentencing Act 1991, subject to limited exceptions, I am required to sentence you to a term of imprisonment for the offence of trafficking in a commercial quantity of a drug of dependence, that is Charge 1 on the Indictment.

12For the reasons that follow, I am not satisfied that there are substantial and compelling circumstances that are exceptional and rare, and that justify me not making such an order in respect of Charge 1.  I am also not satisfied that it would be appropriate for me to impose a community correction order on you for all or any of the other charges that you have pleaded guilty to.

13Quite apart from the provisions of the Sentencing Act that I have referred to in respect of Charge 1 on the Indictment, in my opinion the only appropriate and proportionate penalty in the circumstances of your case is one of imprisonment.

14I now turn to your personal circumstances. 

15You were born in Dandenong on 6 September 1993 and are now aged 26.  You were 25 at the time of your offending and I accept that you may be properly described as a youthful offender.  Your parents separated when you were two years old and thereafter your mother re-partnered with an abusive and violent man.  I accept that the domestic violence you were exposed to disrupted your personal development, leading to drug addiction and, ultimately, your offending before this court.

16You undertook your secondary education at Rowville Secondary College and left in Year 11 to undertake a hairdressing apprenticeship.  You have been employed in that occupation since 2011. 

17You are currently single and have no children. 

18I accept that you have abused illegal drugs of dependence since your teenage years and it is in this context that your offending occurred.  Furthermore, I accept that your offending in relation to Charge 1, and more generally, is at the lower end of seriousness for like offences. 

19There is also no evidence of personal enrichment in your case.

20Of significance in relation to your personal circumstances is your successful completion of residential rehabilitation at The Cottage in Shepparton following your release on bail.  You resided there for six months and completed the 12-step recovery program and you are now drug free.  Whilst undertaking the program you also complied with your bail conditions, and you have continued to do so.  You have returned to your employment and are now residing with your mother.

21I accept that the principles set out by the Court of Appeal in Akoka v The Queen [2017] VSCA 214 are engaged in your case, and I have taken your completion of the residential rehabilitation program into account in your favour in mitigation of sentence.

22I also accept that your prospects for rehabilitation may properly be described as very good, however I am not permitted to take this into account for the purposes of s.5(2H)(e) of the Sentencing Act.

23I also accept that you are remorseful for your offending.

24Your co-offender, Damian Bajata, pleaded guilty in the Melbourne Magistrates Court on 2 December 2019 to trafficking in cocaine, possession of a drug of dependence and other related offences, and was convicted and placed on a community correction order for 12 months with various conditions, including performing 120 hours of community work.  He had no prior convictions and the gravity of his offending fell well short of that to which you have pleaded guilty to, and in particular, Charge 1 on the indictment.  For these reasons, in my opinion I am not required to apply the principle of parity in sentencing in your case by reference to the sentence imposed upon him.

25Your plea hearing proceeded during the COVID-19 pandemic and I accept that imprisonment will involve a material level of further hardship for you for that reason.  You will be quarantined on your entry into the prison system and, as with other prisoners, you will not be entitled to visits from your supportive family and friends.  I also accept that the stress of imprisonment will be compounded by the risk of infection of the COVID-19 virus.

26Whilst these circumstances are of themselves exceptional and rare they do not, in my opinion, justify me not imposing a term of imprisonment upon you in relation to Charge 1, or more generally, the other charges that you have pleaded guilty to.  I have, however, taken these circumstances into account in your favour in mitigation of the sentence I would otherwise have imposed.

27Finally, by operation of s.16(3C) of the Sentencing Act 1991 I am required to make orders for cumulation in respect of the individual sentences I will impose, as you were on bail at the time of your offending for other albeit minor offences.

28In the circumstances of this case I am satisfied that it is not appropriate for me to order cumulation other than in part in relation to Charge 2 on the Indictment as, in my opinion, your offending may properly be described as a series of closely related offences, and furthermore, I have also had regard to the principle of totality in formulating the appropriate proportionate sentence in your case.

29In the result, the sentence of the court is as follows.

30On Charge 1 you are convicted and sentenced to be imprisoned for 18 months;

31On Charge 2 you are convicted and sentenced to be imprisoned for six months;

32On Charge 3 you are convicted and sentenced to be imprisoned for three months;

33On Charge 4 you are convicted and sentenced to be imprisoned for one month;

34On the charge of possession of a prohibited weapon you are convicted and sentenced to be imprisoned for one month;

35On the charge of committing an offence whilst on bail you are convicted and sentenced to be imprisoned for one month;

36On the charge of dealing with the proceeds of crime you are convicted and sentenced to be imprisoned for three months;

37On the charge of possession of a Schedule 4 poison you are convicted and fined the sum of $250.

38The sentence imposed on Charge 1 is the base sentence.  I direct that three months of the sentence on Charge 2 be served cumulatively on the sentence imposed on Charge 1.  All other sentences will be served concurrently.

39This makes for a total effective term of imprisonment of 21 months.  I direct that you serve nine months imprisonment before becoming eligible for release on parole.

40But for your plea of guilty I would have imposed a total effective term of imprisonment of two years and six months and imposed a non-parole period of one year and six months.

41I declare that you have served 101 days, not including today, by way of pre-sentence detention.

42I have made the ancillary orders sought.

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