Director of Public Prosecutions v Mott

[2023] VCC 2325

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

 Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 21-01029

CR 22-01684

DIRECTOR OF PUBLIC PROSECUTIONS

v

SEAN MOTT

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	26 April 2023
DATE OF SENTENCE:	26 April 2023
CASE MAY BE CITED AS:	DPP v Mott
MEDIUM NEUTRAL CITATION:	[2023] VCC 2325

REASONS FOR SENTENCE

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Subject:CRIMINAL LAW SENTENCE

Catchwords:              Sentencing –trafficking in a drug of dependence, possession of a drug of dependence, summary charges, dealing with proceeds of crime, commit indictable offence whilst on bail, breach of Community Correction Order - plea of guilty

Legislation Cited:      Sentencing Act 1991

Cases Cited:-

Sentence:                  Imprisonment, total effective sentence 4 years, non-parole period 3 years, Forfeiture and disposal orders.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A. Hando	Office of Public Prosecutions
For the Accused	Ms E. Clark	Fayman Lawyers Pty Ltd

HIS HONOUR: 

1Sean Mott, you have pleaded guilty to one charge of trafficking in a drug of dependence, that drug being 1,4 Butanediol; and two charges of possession of drugs of dependence.  In addition, you have pleaded guilty to two summary offences of dealing with proceeds of crime and committing an indictable offence whilst on bail.

2The facts of your offending are set out in Exhibit A, the summary of prosecution opening for plea.  I was informed by your counsel that I could treat that document as an agreed statement of fact.  I incorporate it into these reasons for sentence and sentence you on the basis of the facts set out therein.  I do not therefore need to dwell on the facts at any length. 

3Suffice to say that at 11.30 pm on 19 June last year, 2022, police pulled you up in a motor car and found you in possession of a wallet of $950 and a quantity of Butanediol in three bottles, in total something in excess of 2.7 kilograms of the substance was located in your possession.

4That offending breaches a sentence I imposed upon you on 20 April 2022.  I sentenced you in relation to two charges of trafficking a drug of dependence and a summary charge of dealing with the proceeds of crime, and to a three-year community corrections order.  Less than two months later you committed these breaching offences.

5You have admitted a relevant prior criminal history, that history is set out in my reasons for sentencing of 20 April 2022 (Exhibit C) and I do not propose to repeat the details of that history.  Suffice to say, you have relevant priors for drug trafficking.

6You have also been obviously charged with breach of the CCO I imposed.  That breach report (Exhibit B) demonstrates in the brief time available to you, you were compliant with your obligations and were seeking drug treatment.  You did not get that treatment or assistance you required, because you were remanded in custody on the charges I am about to sentence you for.

7This offending is remarkably similar offending to the offending for which I sentenced you and gave you your community corrections order. 

8Your background is set out in the submissions of your counsel (Exhibit 1) and in my sentencing remarks (Exhibit C).  I do not propose to repeat them again.

9You have been in a relationship with Taylor Wilhelm for five years.  She remains supportive of you.  Unfortunately, she has lost the home that you lived in.  Your home was sold, you had difficulty paying the mortgage when you went into custody, and she has lost your financial and other support since you have been remanded in custody.  She has health issues, and you will find your time in custody more onerous because of your concerns for her.

10I take into account in sentencing you your pleas of guilty.  I accept that they are indicative of some remorse for your offending.  You are entitled and shall receive a reduction in sentence to reflect those pleas of guilty.

11Further, those pleas of guilty have greater utilitarian value because of the damage COVID‑19 has done to our justice system.  You have facilitated the course of justice and accordingly get a greater discount than you would otherwise get.

12Thirdly, I accept that your time in custody has been and will continue to be more onerous because of the effect of COVID‑19, lock downs, loss of visits, difficulty doing courses and the like all result from the effect of the pandemic, and you will find your time in custody more onerous as a result.

13Fourthly, I accept that since being in custody you have returned clean urine screens and have done what you can by way of courses. 

14Fifthly, your prospects of rehabilitation are related to those matters.  It depends entirely upon your ability to deal with your drug issues.  If you do so and return to employment and your partner, your prospects are reasonable, although your prior criminal history is of concern to the court.

15I gave you a chance last year in April, Mr Mott.  I made it clear to you what the consequences of any breach would be.  I am obliged to give effect to the principles of general deterrence; others need to know what will happen if they deal in trafficking drugs.  Specific deterrence: you need to be specifically deterred from re‑offending once you are released.  I must express the community's denunciation of your offending and impose just punishment.  I am obliged to protect the community from you.

16Your counsel properly conceded that no option other than imprisonment was appropriate or available in this case, and that I must impose a head sentence a minimum term for your offending.

17On the plea indictment, you are convicted of all charges. 

18On the charge of trafficking on a drug of dependence, 1,4 Butanediol, you are sentenced to three years' imprisonment.

19On the charge of possess Diazepam, you are sentenced to seven days' imprisonment.

20On charge of possess methylamphetamine, you are sentenced to seven days' imprisonment.

21On the related summary offences of possession of proceeds of crime and commit indictable offence whilst on bail, you are sentenced to seven days' imprisonment on each of those offences.

22All charges are to be served concurrently.  That is an effective term of imprisonment of three years on the plea indictment.

23I obviously cancel the community correction order and on the charge of breach of the community corrections order you are sentenced to one month imprisonment to be served concurrently with the other sentences imposed today.

24I cancel the CCO, as I said, and I re-sentence you in respect of the two charges of trafficking in a drug of dependence, one of 1,4 Butanediol and the second of methylamphetamine, and the summary and related offences of possession of proceeds of crime, taking into account the fact that you had already served 125 days imprisonment when you came to be sentenced by way of pre‑sentence detention I impose an aggregate term of imprisonment of two years for that offending.

25I order that 12 months of the sentence imposed on the original offences be served cumulatively on the sentence imposed on the plea sentence.

26That is an effective term of imprisonment of four years, and I order that you serve three years before being eligible for parole.

27I declare that 311 days not including today has already been served of that sentence by pre-sentence detention.

28Pursuant to s6AAA of the Sentencing Act 1991 I indicate that but for your plea of guilty to the plea indictment, I would have imposed a total term of imprisonment of five years with a non-parole period of three and a half years.

29Are there any other orders required, Madam Prosecutor?

30MS HANDO:  Yes, Your Honour.  Hopefully Your Honour has a disposal and forfeiture order that has been filed.

31HIS HONOUR:  Any problem with those, Ms Clark?

32MS CLARK:  No, Your Honour.

33HIS HONOUR:  I make the ancillary disposal and forfeiture orders sought by the prosecution.

34MS HANDO:  Thank you, Your Honour.

35MS CLARK:  As Your Honour pleases.

36HIS HONOUR:  Thank you.  We will terminate these links.

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