Director of Public Prosecutions v Morgan
[2015] VCC 1873
•4 December 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-15-00485
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRENTON EARLE MORGAN |
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JUDGE: | HER HONOUR JUDGE HOGAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 13 November 2015 | |
DATE OF SENTENCE: | 4 December 2015 | |
CASE MAY BE CITED AS: | DPP v Morgan | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 1873 | |
REASONS FOR SENTENCE
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Subject:One charge possessing unregistered general category handgun – one charge possessing an unregistered category A longarm – two charges of trafficking in a drug of dependence – four charges of possessing a drug of dependence – one charge of possessing a tablet press – summary charges, three charges possessing a Schedule 4 poison – one charge possessing cartridge ammunition – three charges dealing with property suspected of being the proceeds of crime – TES: 3 years 4 months – NPP 20 months
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr B Nibbs | Solicitor for Office Public Prosecutions |
| For the Accused | Ms G Morgan | Paul Vale Criminal Law |
HER HONOUR:
1 Brenton Earle Morgan, you have pleaded guilty to a number of offences on Indictment No E12168638. They are as follows:
· possessing an unregistered general category hand gun, namely a sawn off rifle, which carries a maximum penalty of 600 penalty units or seven years' imprisonment for a first offence (Charge 1);
· possessing an unregistered category A longarm, namely, a Winchester rifle, which carries a maximum penalty of 120 penalty units or two years' imprisonment for a first offence (Charge 2);
· two charges of trafficking in a drug of dependence, namely ecstasy and methylamphetamine (Charges 3 and 8 respectively). Each charge carries a maximum penalty of 15 years' imprisonment;
· four charges of possessing a drug of dependence, namely, methandrienone (a steroid), testosterone (a steroid), Methandriol (a steroid) and methylamphetamine (Charges 4, 5, 6 and 7 respectively). The penalty for possessing a drug of dependence where the Court is satisfied on the balance of probabilities that it was not possessed for the purpose of trafficking is 30 penalty units or one year’s imprisonment or, if not so satisfied, 400 penalty units or five years' imprisonment;
· one charge of possessing a tablet press (Charge 9), which carries a maximum penalty of 600 penalty units or five years' imprisonment.
2 In addition, seven summary charges have been transferred to this Court pursuant to s145 of the Criminal Procedure Act 2009 and you have pleaded guilty to them. These are as follows:
· three charges of possessing a Schedule 4 poison (Charges 4, 5 and 6), each of which carries a maximum penalty of 10 penalty units;
· one charge of possessing cartridge ammunition (Charge 28), which carries a maximum penalty 40 penalty units;
· three charges of dealing with property suspected of being the proceeds of crime (Charges 27, 29 and 30), each of which carries a maximum penalty of two years' imprisonment.
3 The circumstances of your offending are detailed in the Summary of Prosecution Opening for the Plea (Exhibit “A”).
4 On 1 July 2014, police attended a property where you and another person had a stolen motor bike on the back of a trailer which was hooked up to a car, of which you are the admitted owner, albeit that it was registered in the name of your girlfriend, Paula Broadhurst. This is the summary charge, 29, dealing with property suspected as being the proceeds of crime. You were found to have $981.50 in cash in your jacket, which comprises summary charge 27, dealing with property suspected as being the proceeds of crime.
5 A police search of your jacket detected a small bag of crystals weighing 0.6 grams which were 90 per cent pure methylamphetamine. Later that day, police searched the house where you were living with your girlfriend. They found 0.2 grams of a white crystal substance in a plastic bucket on the kitchen bench which contained approximately 2 per cent methylamphetamine. They also found another 2.7 grams of a white crystal substance in a white plastic bucket on the kitchen bench which contained approximately 0.7 per cent of methylamphetamine. The quantity of 0.6 grams of methylamphetamine found in your jacket, together with these two quantities found on the kitchen bench, total 3.5 grams. This comprises Charge 8 on the indictment, trafficking in a drug of dependence, namely, methylamphetamine.
6 A search of the car to which the trailer was attached revealed a sawn off rifle in the pocket behind the passenger’s seat. This is Charge 1 on the indictment. In addition, between the back seat and boot was a Winchester rifle which was not registered. This is Charge 2 on the indictment.
7 In a blue case on the rear seat of the vehicle were 844 white tablets which contained ecstasy with approximate purity of 20 per cent and which weighed 247.2 grams. This is Charge 3, trafficking in a drug of dependence, namely, MDMA. Also there was a glass bottle labelled “Acemav injection”. This is summary charge 15, possession of a Schedule 4 poison. Further, a blister packet containing seven Tamoxifen Citrate tablets was found. This is summary charge 18, possessing a Schedule 4 poison.
8 Also, on the rear seat of the car, police found 144 tablets which contained Methandienone (steroids) which weighed 19.3 grams. This is Charge 4 on the indictment, possession of a drug of dependence, namely, Methandienone. On the rear seat of the vehicle were further steroids, namely five vials of liquid containing a total of 38.9 grams of testosterone. This is Charge 5 on the indictment, possession of a drug of dependence, testosterone. In the same yellow case were two glass vials containing 19 grams of Methandriol, a steroid. This is Charge 6 on the indictment, possessing a drug of dependence, Methandriol.
9 In a compartment inside the boot of the car was 679.7 grams of a powder about 12 per cent of which comprised Methiopropamine, which is an analogue of methylamphetamine. Two further quantities of this same drug were found at the house where you were living with your girlfriend. There was 1.6 grams of a powder containing approximately 12 per cent of Methiopropamine on a shelf in the kitchen and 533.8 grams in a Tupperware container in a black zip bag on the kitchen bench. The latter contained Methiopropamine with an approximate purity of 3.5 per cent. These three quantities comprise Charge 7 on the indictment, possession of methylamphetamine. The two quantities of Methiopropamine found in the kitchen were mixed with protein powders which the prosecution have conceded is consistent with personal use. As far as the 679.7 grams found in the boot of the car is concerned, the prosecution has conceded that it could not disprove that that quantity was intended, also, to be mixed with protein powder for personal use.
10 At the house, police located a notebook which had names, money and weights recorded in it, consistent with it being a record of drug transactions. In addition, they found a tablet press in a black zip bag on the kitchen bench. The latter is Charge 9 on the indictment, possessing a tablet press.
11 Also in the kitchen, police located 32 rounds of .22 LR ammunition. This is summary Charge 28, possessing cartridge ammunition. In the same tub with some of the ammunition, were 28 orange tablets which were Minocycline, an antibiotic, which is the subject of summary Charge 19, possessing a Schedule 4 poison.
12 Following the search of the house, police attended a factory which was leased in your name in Seaford. There, police found a boat with a 90 horse power Honda four stroke motor, on a trailer. This had been stolen from an address in Chirnside Park on 15 April 2014. This is summary Charge 30, dealing with property suspected of being the proceeds of crime.
13 You were arrested and interviewed on 1 July 2014. Your answers to police questions were either “no comment” or answers which were of a disrespectful and “smart alec” nature. When asked by police about the drugs which had been found in your car and who had put them there, you stated that their guess was as good as yours. You even suggested that the police had put the items in there. You later stated you did not know what the drugs were and suggested they might be icing sugar or that they looked like a big bag of poo. When asked what type of firearm was in the boot, you stated, “One that goes bang”. To say that you were unhelpful is an understatement. When asked about the steroids, you quipped, “Do I look like I take fucking steroids?” and lied to police about the notebook containing drug transactions, claiming that this was a ledger recording the respective contributions of yourself, your girlfriend and her sister in relation to house expenses. As far as the factory was concerned, you told police that no one else had a key and you did not share it with anyone else. You were unable to explain the presence there of the stolen boat, stating that you knew “jack shit about the boat” and it had “just popped up”.
14 You are presently aged 25 years, having been born on 29 November 1990. You were 23 ½ years old on the date of your arrest on 1 July 2014. You come before the court with a limited criminal history. On 9 June 2011, you appeared at Dromana Magistrates’ Court on one charge of recklessly causing injury. Without conviction, you were ordered to undertake a Community-based Order for a period of nine months, with a condition that you perform 40 hours of unpaid community work.
15 You had originally been charged with 16 indictable offences which were listed for trial before me on 9 November 2015. They comprised one charge of burglary; one charge of theft of a motor vehicle; one charge of possessing an unregistered category hand gun; one charge of possessing a registered category long arm; four charges of trafficking in a drug of dependence, namely ecstasy, cocaine, methoxymethylamphetamine and heroin; four charges of possessing drugs of dependence, namely methandienone, testosterone, Methandriol, and Ketamine; trafficking in a drug of dependence in a large commercial quantity, namely methylamphetamine; two charges of possessing a tablet press; and one charge of handling stolen goods. As recently as 2 November 2015, a defence response had been filed denying all offending, claiming that the search of your person and, hence, the search of your vehicle, residence and factory, were all illegal, putting the Crown to the proof of continuity of exhibits, putting the Crown to the proof of the proposition that Methiopropamine is an analogue of methylamphetamine, denying knowledge of the boat and tablet press and denying the possession of various drugs and trafficking in a large commercial quantity or simpliciter. The matter was stood down for discussions and resolved into a plea to the charges to which you have pleaded guilty.
16 Your counsel, Ms Morgan, invited the Court to find that, by your pleas of guilty, you had demonstrated remorse. I do not accept that they are remorseful pleas. Even though a number of references tendered on your behalf as Exhibit “1” mention the word remorse, the authors tend to mention this in the context of you regretting the impact of your offending on those close to you, and being upset at the severity of your situation. You had indicated right up until the date of trial that you denied the offending and proposed to put the prosecution to proof of all matters. The reality for you was, that, if your challenge to the validity of police searches and drug analysis and quantities was unsuccessful, you faced the prospect of being convicted of very serious offences indeed, one of which carried a penalty of life imprisonment and the real likelihood of a very substantial number of years’ imprisonment by way of sentence. I am satisfied that your pleas of guilty are utilitarian pleas, entered after doing a cost/benefit analysis of your situation. Nevertheless, they have facilitated the course of justice and saved the time and expense of pre-trial argument of some days and a trial with an estimate of seven days. Although your pleas of guilty are late, they are to lesser charges than those with which you were initially faced. In the circumstances, you are entitled to a tangible discount on the sentences which would have been imposed otherwise.
17 Your counsel told the Court that, following your arrest on 1 July 2014, you were remanded in custody for 10 weeks until you were released on bail on 16 September 2014. Some three months later, while still on bail, on 16 December 2014, you committed two offences of possessing a prohibited weapon (a taser and knuckle duster), two charges of possessing a drug of dependence (methylamphetamine), one charge of possessing cartridge ammunition and one charge of possessing a Schedule 4 poison. In the Magistrates’ Court at Frankston on 27 July 2015, you were convicted and sentenced for these offences to an aggregate term of imprisonment of four months. You appealed to the County Court against the severity of the sentence and on 30 November 2015, the orders of the Magistrates’ Court were set aside and, in their place, an aggregate sentence of 90 days’ imprisonment was imposed on the two charges of possessing a prohibited weapon and two charges of possessing a drug of dependence. Ninety days’ pre-sentence detention was declared as served. In addition, an aggregate fine of $500 was imposed for the offences of possessing cartridge ammunition and possessing a Schedule 4 poison. Clearly it is no task of mine to sentence you for any of that subsequent offending and I mention it only for the sake of completeness and because it impacts upon the amount of time in custody to be reckoned as already served in relation to the matters for which I must sentence you. I have also taken this period in custody into account in the interests of totality in determining the appropriate sentence to impose on the offences before me.
18 Your counsel told the Court that you completed Year 10 at Rosebud High School and then completed a four year apprenticeship to qualify as a plasterer with Mr Shane Kennedy of Hill View Interiors. Mr Kennedy provided a reference dated 12 November 2015, which confirmed that he employed you for 7 to 8 years up until 18 months ago, which would be until approximately March 2014. He described you as a good character, whom he trusted, and stated that, because his business was struggling, you had to go out on your own. He stated that you would be welcome back to work with him any time. You told police at the time of being interviewed that you were earning about $1,200 per week doing plastering work in a self-employed capacity and also for a company.[1] I assume the latter is a reference to High Profile Plastering, as Jesse Stanley, Project Manager for that company, provided a letter dated 10 November 2015 which was tendered as part of Exhibit “1”. He stated that he was your former employer and that you had worked full time as a sole trader. He described you as showing good awareness and workmanship as a team leader.
[1]Answer to Q 314 and Qs 79 – 80, Record of Interview 1 July 2014
19 Your counsel told the Court that you had commenced the use of methylamphetamine when you were approximately twenty years old in order to deal with your emotional distress due to the breakup of a long term relationship. She asserted from the Bar table that, in the six months before your arrest on 1 July 2014, you had become addicted to ice to the extent that you were using ½ to 1 gram every day.
20 She stated that you took up a relationship with Paula Broadhurst 2 ½ years ago and you moved from Rye to Frankston hoping to get away from drug users in Rye. She stated that you met “two older men” and, at the request of one called “Frank”, you had taken a lease on the factory, in return for which you received a small quantity of drugs. She claimed that another called “Scott”, who ran a sex shop business called “Naughty Games”, had asked you to transport items from place to place for him. She urged the Court to note that, under cross-examination at the committal, Senior Constable Matthew Pearce, had conceded that a Scott McConnel had been processed for possession of synthetic drugs.[2] She stated that you were in possession of the ecstasy found by police in your car and were trafficking in it to support your ice habit, which was out of control. She stated that you were losing weight through using so much ice and for “vanity purposes” started using steroids. You mixed the Methiopropamine, which is the subject of Charge 7, with protein powders to try to combat the weight loss and used steroids “for a variety of purposes” and then took Tamoxifen (the subject of summary Charge 18) and “other substances” to counter the effect of steroids.
[2]Committal transcript page 22
21 A character reference from your girlfriend, Paula Broadhurst, (part of Exhibit “1”) refers to changes in your behaviour after the two of you moved from Rye to Frankston and you “began spending time with some older guys from the Frankston area”. She refers to you becoming socially withdrawn and losing weight. She states, “I was aware in his behaviour he was probably using lots of different drugs, including amphetamine and steroids, and it was clear that he had become addicted, making any excuse he could for daily usage.” She goes on to say that you admitted to her that you had a lot of bank debt and drug debts and “It was clear to me that things had really gotten out of control”. However, she also states that she had never had much experience with people using drugs and, after the move to Frankston, “I was applying myself to study and working hours at various hospitals completing my placements so it seemed like we hardly saw each other”. In these circumstances, it is difficult to know how much reliance can be placed upon her observations and how much is attributable to hindsight.
22 Although it would appear that you were a drug user, there is no evidence which would enable me to be satisfied on the balance of probabilities that you had a habit of using ½ to 1 gram of ice daily. There is no report from any doctor or psychologist with a history to this effect, no evidence that you suffered withdrawal symptoms after you were arrested by police and remanded in custody and such a habit does not sit well with the glowing references that you continued to work full time as a plasterer. Nor is there any evidence which would enable me to find that you were a mere subordinate to two “older men” in relation to the offending to which you have pleaded guilty. The one short answer given by Senior Constable Pearce at committal and Paula Broadhurst’s remarks do not come close to probative evidence of that proposition.
23 In the character references which were tendered as Exhibit “1”, there are confusing and conflicting themes. On the one hand, it is said in some of the references, particularly from your mother and two sisters, that your break-up with your longstanding girlfriend, when you were either twenty or twenty-one years old, led you to being depressed and seeking solace in illegal drugs, which spiralled out of control. However, at the same time, it is plain that you worked for Mr Kennedy as a much trusted plasterer until approximately March of 2014, and that, far from falling deeper and deeper into depression, you had the wherewithal to commence a relationship with Paula Broadhurst in early 2013. Indeed, she describes you as having insight, ambition, humour, charm and charisma, which she obviously found attractive. She stated that, prior to moving to Frankston, she had only observed you occasionally take drugs on weekends and it did not impact on your work ethic. Paula Broadhurst’s sister, Ashleigh, states that she first met you in May 2013 and you had taken her under your wing and been very supportive of her. She states she felt you had everyone’s best interests at heart and, ever since she met you, you had been “like a brother to her, watching out for her, giving advice and just being a friend”. A similar picture is painted by Kimberly Hall, a friend of Paula Broadhurst. She said she first met you in January 2013 and you were funny and easy to get along with and, before the time when you were arrested, you had become a very special friend and always been very supportive and caring and someone she could talk to.
24 Perhaps the reference which makes the most sense is that from Paula Broadhurst’s father, Morgen Brown. He states that he has known you since 2003 because you used to come to the local milk bar/takeaway business which he ran near Rosebud Secondary College. Contrary to the picture of the young man who first turned to drugs for solace at age twenty or twenty-one when his long term girlfriend was unfaithful, Mr Brown states:
“During his teenage period he was a heavy drinker and engaged in risk taking behaviours such as the use of drugs including amphetamines and marijuana. I felt that Brenton had made many poor choices in peer group and seemed to lack direction. He appeared to have little adult guidance and support from his family.” He went on to note that although you “became a qualified plasterer you were still involved with your local peer group and your risk taking behaviour continued.” He stated that in 2013 when his daughter commenced a relationship with you, he had believed that you were a reformed man and had changed your direction in life and thought that you had a good job and were independent in your living arrangements, but later found out that you were living in a caravan and trying to overcome addictions.
25 It is very difficult to know what to make of these differing histories.
26 Since you breached your bail, you have now been in custody continuously since 16 December 2014. It seems that, in more recent times, you have used your time in custody to good effect. You have undertaken a variety of courses through Kangan Institute in workplace safety, gas metal arc welding, espresso coffee making and hygienic practices for food safety. In addition, you have undertaken a 24 hour alcohol and other drug treatment program and another 24 hour relapse prevention program as well as peer educator training. You have been entrusted with the responsibility of working in the metal workshop whilst on remand and Ms Morgan stated that you are now a “peer educator” at the Metropolitan Remand Centre, trusted to talk to new prisoners about drug and alcohol rehabilitation.
27 I have already made mention of the fact that a number of the references refer to you having remorse. I have found that I do not regard your pleas as remorseful, in the sense that they do not to show true contrition for your wrongdoing. Contrary to Paula Broadhurst’s statement that “Brenton holds himself fully accountable for the decisions he made that fueled (sic) his addictions and that caused the event of his arrest”, the themes on the plea were to blame your drug use on the infidelity of your former girlfriend some four or five years ago and your offending on being led astray by “two older men”. However, I consider it is likely that your extended time in custody has enabled you to reflect on your lifestyle and whether you will to do something to change your ways, particularly since you have caused grief to those close to you by your lawless, selfish behaviour. The many references tendered on your behalf do talk about your better qualities and a noticeable change in your attitude since you have been in custody the second time and how you have expressed a desire to lead a more positive life in the future. It seems that, in the past, you have demonstrated a capacity to work hard. This is mentioned, not only by Mr Kennedy and Mr Stanley, but also, by another long term friend, Trent Egan, who has worked on-site with you and describes you as a very honest, reliable and hardworking tradesman. He and other referees express the view that, with support and permanent employment, you should be able to turn your life around. You seem to have sufficient insight now to be ashamed of having become addicted to drugs and are embarrassed about having let down others who supported you.
28 In sentencing you for the offences to which you have pleaded guilty, the Court must denounce your conduct and place emphasis on general deterrence and appropriate punishment.
29 I cannot be satisfied, as your counsel urges, that Charge 3, trafficking in ecstasy, was committed by you solely to support your own habit. Eight hundred and forty-four tablets is a significant quantity of tablets and the amount of 247 grams, albeit in a mixture of 20 per cent purity, is a substantial amount. It is only slightly less than half of 500 grams which constitutes a commercial quantity of ecstasy. This is quite a serious example of a trafficking simpliciter charge.
30 Charge 8, trafficking in methylamphetamine, which involved a total of 3.5 grams, is towards the lowest end of the scale of a trafficking charge, as the traffickable quantity of the drug is 3 grams.
31 You were found by police with a stolen motorbike on a trailer hooked up to your car. A stolen boat was located in a factory, which had been leased in your name, on 12 February 2014. No explanation for why you leased the factory or why you had possession of two unregistered firearms and ammunition has been given to the Court. It is clear from the charges to which you have pleaded guilty that you were very familiar with a variety of drugs and the way they interacted. The notebook of drug transactions and the tablet press found at your residence, the possession of firearms and ammunition and the rental of the factory, all paint a picture of criminal activity involving some degree of thought. It is not explicable entirely by your own use of illicit drugs, albeit that there is no evidence that your criminal activity had yielded any detectable unusual enrichment up until the time of your arrest.
32 As previously mentioned, the prosecution conceded on Charge 7, possession of the methylamphetamine, that it could not prove beyond reasonable doubt that you were not intending to mix the 679 grams found in your car with protein powder, like the other amounts found in your kitchen. The amount of 679 grams was found in your car in a compartment inside the boot. It is a substantial amount and the concession by the prosecution is fairly generous, given that you told police in your Record of Interview that you had not used protein powder for a year[3]. Moreover, you already had in excess of half a kilogram of methylamphetamine already mixed with protein powder for personal use at your residence. However, given that all amounts have been amalgamated in the one charge, it is appropriate to accept the prosecution submission and find on the balance of probabilities that the offence was not committed by you for any purpose relating to trafficking in that drug of dependence. Accordingly, the maximum penalty for the Charge 7 is 30 penalty units or one year’s imprisonment. However, it is a significant quantity of methylamphetamine in a mixture totalling 1.213 kilograms. Had the prosecution not made its concession, and instead laid a charge of trafficking, this would have constituted a large commercial quantity. In these circumstances, I consider it to be towards the higher end of seriousness for a possession charge. Your counsel has submitted that, as the substance possessed was Methiopropamine, an analogue of methylamphetamine, it should be treated as being less serious than methylamphetamine. There is no material which has been put before me to justify acceptance of that submission.
[3]Answers to Q199, Record of Interview
33 As far as the other possession charges are concerned; Charge 4 involves 144 tablets of methandienone in a black backpack on the rear seat of your car, Charge 5 involves five vials containing 38.9 grams of testosterone in a yellow case on the rear seat of your car and Charge 6 involves 19 grams of Methandriol in two vials in the same yellow case in the rear of your car relating to Charge 5. These drugs were not at your home and no evidence was put before the court about what would constitute therapeutic personal dosages of any of them. I have already commented on the reservations I have in accepting Paula Broadhurst’s statement about your usage of them. That leaves simply an assertion from the Bar Table that you used steroids and testosterone, but in your Record of Interview you remarked to police with some incredulity “Do I look like a person who uses steroids?” In the circumstances, I find there is insufficient evidence to satisfy me on the balance of probabilities that the possession of the drugs on Charges 4, 5 and 6 was solely for personal use and not for any purpose relating to trafficking. Thus, the maximum penalty for each of these offences is 400 penalty units or five years' imprisonment.
34 Ms Morgan submitted that your relatively young age, lack of past drug-related offending, significant support from your family and Paula Broadhurst and her family, good work history, positive behaviour in custody and a demonstrated commitment to dealing with your drug problem, all indicate that your prospects of rehabilitation are excellent. She conceded that an immediate custodial sentence was justified, but submitted that, when these factors were balanced against your overall criminality, all relevant sentencing considerations could be satisfied through the imposition of a term of imprisonment and a Community Correction Order. She noted that you had successfully completed the 9 month Community Correction Order in 2011.
35 In order to consider all the available sentencing options, I had an assessment for a Community Correction Order conducted and you were found suitable for it. However, I consider that, overall, the gravity of your offending cannot be reflected in a term of imprisonment of less than two years, which would be necessary in order to give effect to the sentencing disposition urged by your counsel. As I have said, there is much of your behaviour that remains unexplained. Although there is no evidence of enrichment, there is also no evidence explaining how it was that you were managing to pay the rental on the factory (the purpose for which you told police was simply to enable you to renovate a car from time to time) in circumstances where the Court was invited by your counsel to find that you had “spiralled down” into heavy addiction to methylamphetamine, which had substantially diminished your capacity to work. I find it difficult to say how impressive, or otherwise, your recovery from drug use to date has been because I cannot be satisfied as to the extent of your illicit drug use beforehand. However, I take into account that, since being remanded in custody for the second time, you have remained drug-free and undertaken relevant courses to increase your insight into the dangers of drug use and relapse, as well as taking on a peer educator role for other young drug-offenders. For these reasons, I consider that specific deterrence does not require as much emphasis in sentencing you as it, otherwise might have done.
36 It is trite to say that drugs are a scourge on our society and, when possession of and trafficking in them is associated with the possession of unregistered firearms and stolen goods, there is extra cause for concern. The picture of your offending is not one of a pathetic long term drug addict engaging in low level street dealing to support a habit. You were a well-qualified and experienced tradesman who had a capacity to work. You had the benefit of a loving relationship with Paula Broadhurst, stable accommodation, and support from friends and family. By trafficking in ecstasy and methylamphetamine (albeit that the methylamphetamine is at the lower end of the scale) you were contributing to the human misery of those who use drugs. This, in turn, impacts adversely on the entire community. It destroys relationships and families and the capacity of drug users to work and function appropriately. Almost inevitably, it has the consequence of contributing to more criminal behaviour and takes a financial, as well as a personal, toll on our community.
37 As I have already stated, in sentencing you the predominant considerations must be denunciation of your conduct and emphasis on general deterrence and just punishment. You do have a number of protective factors in terms of work capacity and the support of Ms Broadhurst and your family and her family, which make your prospects of rehabilitation more optimistic than many others who come before the courts for this type of offending. However, it should be pointed out that you had the benefit of all these protective factors at the time of your offending, yet it still occurred. I have accepted Morgen Brown’s description of you as a person who has engaged in risk-taking behaviour since you were a teenager. It is not easy to break those bad habits, as was demonstrated by you breaching your bail within three months of being released from custody in September last year. However, you are still relatively young and I consider that it is appropriate to give you the opportunity of maximising your prospects of rehabilitation by fixing a shorter than usual non-parole period.
38 On the charges on Indictment E12168638 you are sentenced as follows:
Charge 1 – possession of an unregistered general category hand gun, namely a sawn-off rifle, you are convicted and sentenced to be imprisoned for a period of seven months;
Charge 2 – possession of a unregistered category A longarm, namely a Winchester rifle, you are convicted and sentenced to be imprisoned for a period of three months;
Charge 3 – trafficking in a drug of dependence, namely MDMA, you are convicted and sentenced to be imprisoned for a period of two years;
Charge 4 – possession of a drug of dependence, namely Methandienone, you are convicted and sentenced to be imprisoned for a period of six months;
Charge 5 – possession of a drug of dependence, namely testosterone, you are convicted and sentenced to be imprisoned for a period of three months;
Charge 6 – possession of a drug of dependence, namely Methandriol, you are convicted and sentenced to a term of imprisonment of two months;
Charge 7 – possession of a drug of dependence, namely methylamphetamine, you are convicted and sentenced to be imprisoned for a period of five months;
Charge 8 – trafficking in a drug of dependence, namely methylamphetamine, you are convicted and sentenced to be imprisoned for a period of nine months;
Charge 9 – possession of a tablet press, you are convicted and sentenced to be imprisoned for a period of eight months.
39 The base sentence is that of two years imposed on Charge 3. I direct that two months of the sentence imposed on Charge 1, one month of the sentence imposed on each of Charges 2, 4, 5 and 6, two months of the sentence imposed on Charge 7, three months of the sentence imposed on Charge 8 and two months of the sentence imposed on Charge 9 be served cumulatively upon the sentence imposed on Charge 3 and upon each other. Thus the total effective sentence imposed for the offending on the indictment is 37 months imprisonment.
40 In relation to the summary charges, you are sentenced as follows:
Charge 15 – possession of a Schedule 4 poison, namely, Acepromazine, you are convicted and fined $200;
Charge 18 – possession of a Schedule 4 poison, namely Tamoxifen, you are convicted and fined $200;
Charge 19 – possession of a Schedule 4 poison, namely Minocycline, you are convicted and fined $200;
Charge 27 – dealing with property suspected as being the proceeds of crime, namely $981.50 cash, you are convicted and sentenced to two months' imprisonment;
Charge 28 – possession of cartridge ammunition, you are convicted and fined $300;
Charge 29 – dealing with property suspected as being the proceeds of crime, namely one motorcycle, you are convicted and sentenced to be imprisoned for a period of six months;
Charge 30 – dealing with property suspected as being the proceeds of crime, namely a boat, you are convicted and sentenced to be imprisonment for a period of six months.
41 I direct that one month of the sentences imposed on each of Charge 27, 29 and 30 be served cumulatively upon the sentence imposed on Indictment E12168638 and upon each other. Save for the specified cumulation, all sentences are otherwise to be served concurrently.
42 The total effective sentence is thus 3 years' and 4 months (40 months) imprisonment. I direct that you serve a period of 20 months before becoming eligible for parole.
43 I declare a period of 353 days pre-sentence detention to be time reckoned as already served under the sentences imposed this day.
44 Pursuant to s6AAA of the Sentencing Act 1991 I state that, had it not been for your pleas of guilty, the total effective sentence imposed would have been 5 ½ years imprisonment with a non-parole period of 3 years and 3 months.
45 Upon conviction for possessing an unregistered general category hand gun and and upon being satisfied that a firearm was used in the commission of the said offence, the Court orders pursuant to s151 of the Firearms Act 1996 the forfeiture to the Crown of items in the attached Schedule to this order.
46 As you have been convicted of a Schedule 1 offence, namely, trafficking in a drug of dependence, the Court orders pursuant to s33(1) of the Confiscation Act 1997 that the property referred to in the Schedule to this order be forfeited to the Minister.
47 Further, as you have been convicted of a Schedule 1 offence, namely trafficking in a drug of dependence and upon being satisfied that the property referred to in the Schedule is a drug of dependence or any other property that is of negligible value that was used or was intended to be used in or in connection with the commission of the offences or was derived or realised, directly or indirectly, from the commission of the offence, the Court orders pursuant to s78(1) of the Confiscation Act 1997, the forfeiture to the State of the property referred to in the Schedule and I further direct that it be placed in the custody of the Chief Commissioner of Police and be held by him until 28 days from this date or the conclusion of any appeal proceedings where it may be tested and/or analysed and then destroyed.
48 Pursuant to s464ZFB(1) of the Crimes Act 1958, I order that the forensic sample and any related material and information obtained pursuant to the informed consent given by you on 1 July 2014 be retained on the database. I consider that this order is warranted by reason of the seriousness of the circumstances of the offending and the fact that the order is not opposed.
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