Director of Public Prosecutions v Moore

[2018] VCC 2069

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 18-01522

DIRECTOR OF PUBLIC PROSECUTIONS

v

TAYLA MOORE

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	30 November 2018
DATE OF SENTENCE:	6 December 2018
CASE MAY BE CITED AS:	DPP v Moore
MEDIUM NEUTRAL CITATION:	[2018] VCC 2069

REASONS FOR SENTENCE
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Subject: Trafficking in a drug of dependence methylamphetamine.
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr P. Pickering	OPP
For the Accused	Ms N. Giorgianni	Giorgianni & Liang Lawyers

HER HONOUR: 

1Tayla Moore, you have pleaded guilty to one count of trafficking in a drug of dependence, methyl amphetamine.  The maximum penalty for this offence is 15 years.  In July 2017, police commenced an investigation which targeted the trafficking activities of Samuel Jackson.  A covert operative gained the confidence of Jackson, who then gave them the details of his supplier, Adam McCann, your co-offender.

2On 17 October 2017, the covert arranged to meet with McCann the next day, to buy methamphetamine for $9,800.  The meeting took place in a car park in Keysborough.  Both you and McCann got into the covert's car.  The covert gave McCann $9,800 and you helped him count the money and then McCann gave to the covert, the drugs.  The drugs were subsequently analysed and found to be 56 grams of methamphetamine with a purity of 70 per cent.

3On 5 December 2017, the covert arranged to meet McCann outside the Chemist Warehouse in Narre Warren to purchase methyl amphetamine for $29,000.  You both went to the covert's car.  He handed you the cash, which you counted as McCann had an injured hand.  You asked the covert whether he had a good place to hide the drugs in his car, in case he was intercepted by police.  McCann then left the vehicle to take the money to his supplier.  When he returned, he provided the covert with
5 re-sealable bags containing methyl amphetamine.  He then left again soon after to obtain another bag and returned soon.

4You admitted to the covert during this time, that McCann was good at dealing of drugs as he gets the customers to come to him.  You said, if you do not use methyl amphetamine and just sell it then the money's worth it, and that the methyl amphetamine being purchased was expensive and of good quality.  The drugs were later analysed and found to be methamphetamine weighing 160 grams with a purity of 70 per cent.

5You and McCann were arrested on 29 January 2018 at your home in Narre Warren.  You made a no comment interview.  I was informed that McCann, who is charged with more serious offending, has a trial scheduled for next year.  The prosecution conceded your role was limited to these two occasions and the volume and amount of trafficking allegedly engaged in by McCann, was significantly more.  As to your role, you accompanied McCann and assisted him in counting significant amounts of cash, payment for methyl amphetamine.  I accept your involvement was in part motivated by the availability of good quality drugs for your own use.  I received a report from Carla Lechner, psychologist, dated 23 September 2018 and I take the material into account. 

6You are aged 24 and at the time of offending, resided with your co-offender, Adam McCann.  You have an older brother and you have a strained relationship with your mother due to your drug issues and your father is deceased.  You have a half-sister with whom you have no contact and a half-brother who is autistic, aged 11 and is also blind and you are very close to him.  You grew up in the Pakenham area living between your parents, both of whom have
re-partnered.  You attended secondary college there, until the end of Year 10.  You have had various jobs in hospitality, working in restaurants.  I note that your employer was happy to have you back when you were released from custody, see Exhibit 3. 

7The biggest issue in your life has been your drug use.  Your increased drug use led to a deterioration in your mental health.  You have already taken steps to address your drug dependence and provided regular clean drug screens between July, when you were released on bail and November, Exhibit 1.  You provided these through your GP, who also referred you to Headspace.  You have recently engaged with a psychologist from that organisation.  Additionally, you attended SECASA for alcohol and drug treatment and I received a positive report from your counsellor, Exhibit 5.

8You used your time in custody effectively, completing a number of courses, some of those relating to drug issues.  Ms Lechner is of the view that you are currently not exhibiting any signs of depression or anxiety, though she recognises that your history and fragile psychological state requires monitoring.  You have prior matters which are drug related.  You were placed on a CCO in December 2016.  This was breached and in October 2017 you were placed on a bond.  This offending however, is a step up in seriousness.

9You have pleaded guilty to these matters at the first opportunity.  I accept your guilty plea has significantly facilitated the course of justice and has utilitarian benefit.  You have saved the cost to the community of a trial or legal proceedings.  I accept your plea is also indicative of remorse.  Ms Lechner notes that you have insight regarding the negative effect of drugs on your own life, and need to address your personal issues through other means.  I accept your rehabilitation prospects are good. 

10You have the support of your partner's mother who was in court, and with whom you currently reside.  You have completed an A&D course at SECADA.  You have engaged with Headspace and a psychologist.  You have limited prior matters and good employment prospects.  You have expressed a desire to remain abstinent from drugs.  Your counsel submitted I should impose a term of imprisonment for the amount of time you spent on remand, or time served. 

11In the alternative, it was submitted I should impose a term of imprisonment of time service, with a CCO to commence immediately.  The prosecution did not oppose this later course.  I had you assessed for a CCO and received a favourable report.  Your counsel submitted any CCO should not have work conditions, given your employment.  She also submitted that you completed treatment with SECADA and engaged with Headspace, so those kind of conditions were not required.

12Given the steps that you have taken towards your rehabilitation, less weight should be attributed to specific deterrence.  However those who are involved in drug trafficking on any scale, should be aware that the community expects stern punishment and others who are minded to be involved in such activities, should have that expectation if they are caught.  Thus general deterrence, denunciation and punishment are all relevant sentencing considerations.  These must be balanced against matters set out in these reasons in mitigation, particularly your good rehabilitation prospects, limited criminal history and guilty plea.

13I propose to impose a term of imprisonment for the period of PSD or time served and then to place you on a community correction order for a period of 12 months.  If you could please stand up, Ms Moore?

14In respect of the charge of trafficking of methyl amphetamine, I impose a term of imprisonment of - how many days is it please?

15MR PICKERING:  We had 176, Your Honour.

16MS GIORGIANNI:  That is right, Your Honour. 

17HER HONOUR:  176, all right.

18MS GIORGIANNI:  Yes.

19HER HONOUR:  I propose to impose a term of imprisonment of 176 days.  That is the time served.  You will be placed on a community correction order for a period of 12 months.  I am not going to accept your counsel's submission, but that is not to say that I am not of the view that you have made some very positive steps towards your rehabilitation.  The conditions that are recommended by Corrections, relate to drug and alcohol treatment, as directed.  Mental Health treatment and rehabilitation, as directed.  

20Supervision, community work and I am going to give you a lot less hours community work than I ordinarily would.  But you will be required to do 30 hours community work.  And I will also, as recommend by Corrections, incorporate a judicial monitoring condition.  Lisa, could you please get me a date in April next year?  That means Ms Moore, that you come back to me at a date in April next year, and I just check that everything is still going to plan.  Corrections may well assess that you do not need to engage in other programs, and if that is what they assess in terms of your personal circumstances, well so be it.  But I think it is important that the opportunity is there for them to continue to monitor you.  All right? 

21You need to understand if you breach the order, that is by breaching some of these conditions or alternatively, by committing another offence, you will come back before me and my options will be much more limited. All right? I declare PSD of 176 days and pursuant to s.6AAA of the Sentencing Act, if you had not pleaded guilty to this matter I would have imposed a term of imprisonment of 12 months.  Thank you.  If you could sit down now?

22ASSOCIATE:  (Indistinct) judicial monitoring date ‑ ‑ ‑

23HER HONOUR:  Yes.

24ASSOCIATE:  ‑ ‑ ‑ is 10 April, that is a Wednesday.

25HER HONOUR:  All right, at 10 o'clock.

26MR PICKERING:  Your Honour, may I just enquire?  Different judges do things differently.  Whether you require the attendance of the prosecution that day?

27HER HONOUR:  Of the judicial monitoring?

28MR PICKERING:  Yes.

29HER HONOUR:  No.

30MR PICKERING:  Your Honour pleases.

31HER HONOUR:  So it is 10 April, Ms Moore, next year.  All right?  My associate will now just prepare the order that you will be required to sign.

32MS GIORGIANNI:  As Your Honour pleases.  

33HER HONOUR:  Ms Giorgianni, did you want to go down to the dock?

34MS GIORGIANNI:  I might, if that is ‑ ‑ ‑

35HER HONOUR:  Yes.  That is all right.

36(Community-based order signed and acknowledged.)

37Thank you.

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