Director of Public Prosecutions v Patterson

[2014] VCC 183

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

AT LATROBE VALLEY

CRIMINAL DIVISION

Case No. 01705

DIRECTOR OF PUBLIC PROSECUTIONS

v

SHANE DENNIS DOUGLAS PATTERSON

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	19 February 2014
CASE MAY BE CITED AS:	DPP v Patterson
MEDIUM NEUTRAL CITATION:	[2014] VCC 183

REASONS FOR SENTENCE
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Subject:  
Catchwords:            
Legislation Cited:     
Cases Cited:            
Sentence:                 

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr T Lynch	Mr C. Hyland Solicitor for Public Prosecutions
For the Accused	Ms K McFarlane

HIS HONOUR:

1       Shane Dennis Douglas Patterson, you have pleaded guilty to one charge of cultivating a narcotic plant, namely cannabis, in a quantity not less than a commercial quantity, that is a between dates charge from November 2012 and March 2013.  The commercial quantity is based on the number of plants being in excess of 100. 

2       The situation is that you are 42 years of age.  You have no relevant prior convictions.  You pleaded guilty at the earliest reasonable opportunity and were totally cooperative in your record of interview with the police.  All those matters go very much in your favour.

3 Firstly, pursuant to s.464Z of the Crimes Act, I order that you provide a saliva sample for DNA purposes.

4       The circumstances of the offending are that you and a co‑accused, who has not as yet been dealt with, cultivated a crop of cannabis in the area known as Hernes Oak between, as I've indicated, November 2012 and March 2013. 

5       Police had it under surveillance and it would appear that you were cultivating on a regular basis and tending to the plants.

6       Ultimately, the police must have taken a couple of plants, or somebody did, and you became concerned and the crop was harvested.  Your record of interview was confessional and complete and I accept that a very significant number of the plants were unusable and, in all probability, dead.  In the end, it is understood that you ended up with something in the order of 400 grams of dried, usable cannabis.  On the description given in your record of interview, I am prepared to accept that it was for your personal use and amend the material provided allay suspicions that one might have given the alleged quantity of plants that were growing. 

7       Attempts were made to conceal the crop and you dried it in your own house.

8       That crime carries a maximum penalty of 25 years' imprisonment. 

9       Tendered on your behalf was a psychological report which indicates that you have had longstanding medical problems, that as a result of those, you being in a car accident, you have chronic pain and this has been going on now for some extended period of time.

10      The report of Dr Cunningham can remain on file for everyone's general interest, but I accept his observations that you have become addicted to cannabis and has been used to manage pain and depression and your use has increased as your tolerance has grown.

11      He indicates that he has diagnosed you as having a major depressive disorder and that that gives rise to the principles of Verdins relating to an active custodial sentence and I take that into account when in determining whether such a sentence should or could be imposed. 

12      Offending such as this obviously calls for the application of general deterrence.  In the terms of the cultivation, I have no doubt you will not try this again bearing in mind the potential consequences and there must also be denunciation and appropriate punishment.

13      Bearing in mind the purpose for which you cultivated this crop and your psychological state, the fact that you are 42 with no relevant priors, this is a situation where a wholly suspended sentence, in my view, is clearly open and would be in the interests of justice.

14      The prospects of your rehabilitation are dependant upon you and the risk of you re‑offending, bearing in mind your past conduct, should be low.  You have not told anybody about this because you told Mr Cunningham you were ashamed and embarrassed and you have reduced your use of cannabis to a level where you do not need to grow it in anything like this sort of quantity.  If you do grow it again, the risk is in your hands, I'm afraid, Mr Patterson.  There might be nothing anyone could do to assist.

15      Taking all those matters into account, on the charge of cultivate a commercial quantity, you are sentenced to be imprisoned for a period of nine months.  I direct that that sentence be wholly suspended for a period of 18 months because, as I said, it is in the interests of justice to do so.

16      Would you stand up for me for a second, Mr Patterson? 

17      I've given you a wholly suspended sentence of nine months.  That's suspended for 18 months, all right?  If you get brought back to court for any offending that involves a potential custodial sentence, and that can include shoplifting, you have to show exceptional circumstances why you're not made to do the nine months. 

18      Now, I can understand your personal circumstances with all this, but the fact of the matter is you can't go growing dope in your situation because if you get caught you're going in.  There won't be any chance to stay out next time, fair enough? 

19      PRISONER:  Yeah.

20      HIS HONOUR:  But for your plea of guilty, I would have sentenced you to be imprisoned for a period of 18 months with a minimum of nine.

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