Director of Public Prosecutions v Mott
[2022] VCC 2385
•20 April 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
CR-21-01029
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SEAN MOTT |
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JUDGE: | HIS HONOUR JUDGE CHETTLE | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 November 2021, 9 March 2022, | |
DATE OF SENTENCE: | 20 April 2022 | |
CASE MAY BE CITED AS: | DPP v Mott | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 2385 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW SENTENCE
Catchwords: Sentencing – trafficking in a drug of dependence, deal property suspected proceeds of crime, use unregistered motor vehicle
Legislation Cited: s6AAA of the Sentencing Act 1991
Cases Cited:
Sentence:Imprisonment – 125 days, 3-year Community Correction order, 150 hours community work, supervision, treatment of drug abuse and dependency, $500 fine, forfeiture and disposal order,
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr Z. Petric | Mr J. Vassis Office of Public Prosecutions |
| For the Accused | Ms E. Clark | Ms J. Fayman Fayman Lawyers |
HIS HONOUR:
1
Sean Mott, you have pleaded guilty to two charges of trafficking in a
drug of dependence. In addition, you have pleaded guilty to
two summary charges dealing with the suspected proceeds of crime and driving an unregistered motor vehicle.
2 The facts of your offending are set out in Exhibit A, the summary of prosecution opening. 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 I sentence you on the basis of the facts set out therein.
3
Briefly stated, on 19 October 2019 police intercepted you driving an unregistered Ford Territory on Sand Road, Longwarry. Police located
215 grams of 84 to 90 pure methamphetamine, which equals 189 grams of
pure weight methylamphetamine, and 1,994.3, just short of two litres of
1,4-Butanediol in the vehicle. They also located $325 in cash.
4 You were arrested and interviewed at Warrigal Police Station, where you admitted trafficking in ice and GHB.
5
You have spent 125 days on remand before being bailed on 21 February
last year.
6 You admitted a prior criminal history. On 20 May 2015 you were sentenced to a 12-month community corrections order at Dandenong Magistrates' Court for offences of trafficking amphetamine, possess amphetamine, and dealing with suspected proceeds of crime. You breached that CCO and were resentenced on 1 June 2016 to a further 12-month community corrections order. On the same day you received a further community corrections order for the offence of drive while license was suspended and failing to answer bail.
7
On 22 December 2016 you received an aggregate term of imprisonment of
16 months to be served by way of a drug treatment order for many offences including dishonest retention of stolen goods, five charges; receiving stolen goods, trafficking in ecstasy, trafficking in methylamphetamine, possessing ecstasy and methylamphetamine, using methylamphetamine, retention of stolen goods, failing to provide information data under warrant, possessing an unregistered longarm, possessing prohibited weapon, dealing with suspected proceeds of crime, and driving offences.
8 On 19 December your drug treatment order was completed and cancelled by the Dandenong court.
9 Your personal history is set out in Exhibit 1, the submissions of your counsel. You are now 30 years of age, being born in October 1991. You had an unremarkable childhood. You were one of three children born to your parents' marriage. That marriage failed when you were 21 years of age. You lost contact with your mother as a result and your developing drug use saw you cease contact with your father and sisters.
10 You left school after Year 11 and completed an apprenticeship in landscaping. You commenced your own landscaping business, which unfortunately failed in 2015, leaving you unemployed. Your offending occurred in this period of unemployment.
11
Since your release on bail, you have been working with Reny full time since
August 2020. You live with a partner of five years in Narre Warren South in a house that is owned by your partner. She suffered a serious motor car accident in 2009. She works three days a week but cannot work full time because of her injuries.
12 Your offending occurred against the background of increased drug use after your parents' divorce. You sold drugs whilst unemployed and to support your own drug habit. Your counsel correctly acknowledge that your offence of trafficking methylamphetamine, Charge 1, falls towards the high end of that offence. And it represents about 60 times the trafficable quantity.
13 Charge 2 involves you possessing for sale approximately 40 times the trafficable quantity of 1,4-Butanediol.
14
I would accept that the profit to be made from the trafficking in drug
1,4-Butanediol is relatively small when compared to other drugs, and this reduces the seriousness of the offending for the count to the lower end of the offence of trafficking in a drug of dependence.
15 I take into account in sentencing you your pleas of guilty. Although your pleas were not entered at an early stage, they are nonetheless facilitated the course of justice. The value of those pleas of guilty is increased because of the serious effect the COVID-19 pandemic has had upon this court. Your pleas of guilty reduced the pressure on our justice system.
16 I take into account the frank admissions you made to the police upon your arrest. I accept that you are remorseful for your conduct.
17 A number of character references tendered on your plea attest to your good character and determination to modify your behaviour. I take those references into account in sentencing you.
18 Further, I accept that COVID-19 would make any time in custody more onerous for you. You would be required to quarantine, have restricted visits, and be denied access to programs, education, and exercise. You will be subject to lockdowns and restrictions that make serving sentences more difficult for you. This is especially so if you are serving your first term of substantial imprisonment.
19 Any time in custody will also be more difficult for you because of your concerns about your partner and the potential loss of her home.
20
I accept that your prospects for rehabilitation are reasonable, provided you rid your life of the use of illicit drugs. You need to maintain a drug-free status to stay out of trouble in the future. You claim to have been drug-free for
12 months.
21 I must have regard to a number of factors in sentencing you. I must give effect to principles of general deterrence and specific deterrence. I must express the community's denunciation of your offending and ensure just punishment for that offending. I must have regard to your prospects for rehabilitation and promote those prospects if possible. Finally, I must seek to protect the community from the effects of offending, such as yours. Illicit drugs represent a real risk to our community, and these courts see their tragic effects every day.
22
Your counsel urged the court to impose a combination sentence of imprisonment and community corrections order for your offending and submitted that the time you have spent on remand represents an adequate amount of time in custody. The Court of Appeal in this state has made it clear that properly conditioned community correction orders can address relevant sentencing requirements. In Boulton [2014] VSCA 342 the court said in
paragraph 2:
The community corrections order is a flexible sentencing option enabling punitive and rehabilitative purposes to be served simultaneously. The CCO can be fashioned to address the particular circumstances of the offender and the causes of the offending, and to minimise the risk of reoffending by promoting the offender's rehabilitation.
23 At paragraph 131, the court said:
It follows from what we have said that a community corrections order may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment, such as for example aggravated burglary, intentionally causing serious injury, some form of sexual offences, some kind of rape, and categories of homicide. The sentencing judge may find that in view of the objective gravity of the conduct and the personal circumstances of the offender, a properly conditioned community corrections order of lengthy duration is capable of satisfying the requirements of proportionality, parsimony, and just punishment, while affording the best prospects of rehabilitation.
24 To return you to custody now would undermine the rehabilitative steps you have taken. You would probably lose your job, and possibly lose your partner. The references tendered all speak of the efforts you've made to turn your life around. I propose to give you the opportunity to continue that rehabilitation. If you let yourself down, and those who support you down, you will be returned to me and you will be then returned to prison for a long time. It is in your own hands.
25 I have had you assessed for suitability to undergo a community corrections order and you have been found suitable for such a disposition. The author of the report says:
In comparison to his prior attempts on a CCO, Mr Mott reported that he previously did not have employment and experienced a lack of stability in his life. He advised that these factors had led to his offending. Mr Mott was now able to identify that his employment provides him with financial stability, as well as enabling him to live a more pro-social lifestyle. In addition, Mr Mott now has stable housing. While
Mr Mott's offending behaviour is concerning, given the current offending and his prior criminal history, he has demonstrated that he can complete a
community-based disposition such that of a recent two-year drug treatment order.
26 Your offending is serious, and it was only some months after completing the drug treatment order that your offending continued. But I accept that you have taken steps to turn your life around since. On the two charges of trafficking in a drug of dependence, and the summary charge of dealing with proceeds of crime, you are convicted and sentenced to be imprisoned on an aggregate term of imprisonment for 125 days together with a three-year community corrections order.
27 The conditions of that order will be that you perform 150 hours of unpaid community work, that you be under supervision, that you undergo assessment and treatment and rehabilitation for drugs; you are to be subject to
judicial monitoring. And the first date of that judicial monitoring will be
Wednesday 20 July this year at 10.30 am before me. Do you agree to undergo such a CCO?
28 OFFENDER: Yes.
29 HIS HONOUR: On the summary of using an unregistered vehicle, you are convicted and fined $500.
30 I declare that 125 days of the sentence imposed has already been served by way of pre-sentence detention.
31 I make the forfeiture and disposal orders sought by the prosecution. I am not making any order in relation to your driver's license.
32 Pursuant to s6AAA of the Sentencing Act, I indicate that but for your pleas of guilty, you would have been sentenced to an effective term of imprisonment of
three years with a non-parole period of 20 months. Any other orders,
Mr prosecutor?
33 MR PETRIC: No, Your Honour. Thank you.
34 HIS HONOUR: I make it clear, Mr Mott, that I had been, I think, lenient with you. You could easily have copped a serious jail term. But to return you now to prison, I think would undermine you and the community's hopes. So, it's up to you. You'll be back to see me in July. I want to know how you're going. If you comply with this order, you can get your life in place. If you don't, you know where you're going. All right? Now, have you got an order for him to sign?
35 ASSOCIATE: Not yet Your Honour. I will have it in a minute - - -
36 HIS HONOUR: Just have a seat while we prepare it.
37 ASSOCIATE: What CCO conditions - - -
38 HIS HONOUR: Yes, sorry. I have to - you have to report to the Dandenong
Community Corrections Centre within 48 hours, so that's before Friday. And that's at - you know where it is, Walker Street, Dandenong. That's where you've got to go before Friday. Ms Clark will undoubtedly fill you in on how lucky you have been.
39 MS CLARK: Yes, Your Honour. Your Honour, can I just confirm that judicial monitoring date. I heard 23 July, but I might have misheard.
40 HIS HONOUR: Whatever the Wednesday is.
41 MS CLARK: The 20th.
42 HIS HONOUR: Wednesday 20 July at 10.30 am.
43 MS CLARK: Thank you, Your Honour.
44 HIS HONOUR: I will also order that any hours you do on any programs can count against your 150 hours.
45 MS CLARK: As Your Honour pleases.
46 HIS HONOUR: You can all leave. I will excuse you. I've got Mr Papas here for the next matter. Rather than go off, I will stay here. Thank you,
Mr prosecutor.
47 MR PETRIC: As Your Honour pleases. Thank you.
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