Director of Public Prosecutions v Peralta

[2021] VCC 1158

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 21-00691

DIRECTOR OF PUBLIC PROSECUTIONS

v

BEAU PERALTA

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JUDGE:	HER HONOUR JUDGE TODD
WHERE HELD:	Melbourne
DATE OF HEARING:	31 May 2021
DATE OF SENTENCE:	31 May 2021
CASE MAY BE CITED AS:	DPP v Peralta
MEDIUM NEUTRAL CITATION:	[2021] VCC 1158

REASONS FOR SENTENCE

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Subject:  CRIMINAL

Catchwords:  One charge traffick methylamphetamine –related summary offences of dealing with property suspected of being the proceeds of crime and possessing cartridge ammunition

Legislation Cited:                Crimes Act 1958 (Vic) ; Drugs, Poisons and Controlled Substances Act 1981 (Vic) ; Firearms Act 1996 (Vic)

Sentence:  Aggregate term of 123 days imprisonment with a fine of $400

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Keks	Office of Public Prosecutions
For the Accused	Mr T. Sullivan	Gallant Law

HER HONOUR: 

1Beau John Peralta, you have pleaded guilty to one charge of trafficking methylamphetamine and to the related summary offences of dealing with property, $3270, suspected of being the proceeds of crime and one charge of possessing cartridge ammunition without a licence. 

2The offence of trafficking in a drug of dependence carries a maximum penalty of imprisonment of 15 years.  Dealing with property suspected of being proceeds of crime carries a maximum penalty of 2 years and possessing cartridge ammunition without a licence carries a maximum penalty of 40 penalty units. 

3The circumstances of your offending are set out in the Summary of Prosecution Opening dated 28 May 2021.  This became Exhibit A on the Plea.  That document forms part of and is attached to these reasons.  I will not repeat it but summarise parts of it here.

4During the morning of 3 July 2020, Police executed a search warrant at an address where you and two others were present.  You were not a resident there.  When Police arrived, you ran to the back of the property and jumped over the side of the fence.  Police caught you.  You immediately told Police that you had drugs in your pocket and that you were an ice addict.

5Police searched you and found $3270 worth of cash, 10.7 grams of methylamphetamine and a Holden car key.  You were arrested.

6The address, the subject of the warrant, was searched.  Two .22 rounds and three shotgun shells were found in a bag, owned by you, that was in the hallway of the house.  The Holden car key unlocked a Commodore in the garage.  That car was searched and an iPhone box on the back seat was found to contain 5.6 grams of methylamphetamine, digital scales and multiple empty clear resealable bags.

7Forensic analysis of the methylamphetamine was conducted.  The substance found on you had a purity of 84 per cent and the substance found in the car has a purity of 9 per cent.  You therefore possessed a total of approximately 9.5 grams of pure methylamphetamine.  I note that a commercial quantity of pure methylamphetamine is 50 grams, the trafficable quantity is 3 grams. 

8The Prosecution case against you is put on the basis that the methylamphetamine you had was in your possession for the purpose of sale.  That is Charge 1 on the Indictment.  Further, by your possession of the $3270 in cash, you dealt with property that there were reasonable grounds to suspect were the proceeds of crime and that gives rise to Summary Charge 7. 

9You are not licensed to possess ammunition and you are charged with its possession in both circumstances.  That gives rise to Summary Charge 8. 

10You have answered questions in a Record of Interview with Police.  You admitted to the possession of the methylamphetamine, but denied trafficking.  You stated that you were an ice addict and smoked daily.  You denied the money was the proceeds of crime and made no comment in relation to the ammunition. 

11You were arrested and were remanded into custody on 3 July 2020.  You were granted bail on 3 November 2020 and have served 123 days of pre-sentence detention.  A condition of your bail at the beginning was to attend residential rehabilitation.  I will return to what happened there later in these reasons.  I note that your bail was varied on 25 February 2021 so you could reside with your sister.  There is no further offending but this offending will breach a Corrections Order in the Magistrates' Court. 

12On 6 April 2021, you were committed to stand trial in the County Court.  An initial directions hearing was held on 11 May 2021; a case conference was listed on 31 May 2021 and that was subsequently converted to an application to remit the hearing in the Magistrates' Court.  That application was subsequently converted to a plea which was held today, 31 May 2021.

13You have a prior criminal history dating back to 2009.  In general, your history deals with driving and dishonesty offences, however, you do have a prior conviction for possession of a prohibited weapon, possessing a firearm as a prohibited person, possessing a controlled weapon without excuse and possessing methylamphetamine.

Nature and gravity of the offending

14I will now address the nature and gravity of the offending.  All drug trafficking is serious.  Your plea indicates that you were selling methylamphetamine to others.  The devastation that drug use causes to lives and families is well known.  I accept that you were trafficking in order to support your own addiction rather than for profit.  I accept that the amount was consistent with heavy use by yourself and being the supplier to a small number of associates.  The quantity is not insignificant but is routinely dealt with in the Magistrates' Court. 

15The cash found on you is suspected of being the proceeds of crime.  The amount is relatively small in the scheme of things.  The presence of ammunition is a reminder of the potential violence that attends illegal drug trafficking activities.  You were on a Community Corrections Order at the time.  This gives rise to a need for specific deterrence.

Personal circumstances

16You are now 30 years old.  You were 29 on the date of your offending.  You were born and raised in Geelong.  You have two sisters and currently live with the younger of them.  You describe yourself as coming from a close and supportive home.  You began using illicit substances in your first year of high school.  By the time you got to Year 9, they asked you to leave.  You completed a trade-based year 10 and pre-apprenticeship course at Gordon Institute in Geelong. 

17You then worked for approximately two and a half years as an apprentice plasterer.  It was submitted that you fell out with your employer as result of your increasing drug use.  You didn't work after this period, until you were paroled in 2019.  At that time, you were employed by RPC Technologies at a desalination plant for 7 months. 

18However, late in 2019, you were involved a serious motorcycle accident.  You were on life support for 3 weeks and in hospital for about 3 months.  You retain  the affectionate support of your parents.  You are now coming to the realisation of how much grief you have caused them.  Your father worked hard to support his family after his migration here from Spain.  Your mother works in a jewellery store.  They have suffered enormous disappointment, but continue to support you.  They funded your rehabilitation and treatment in Shepparton where you were bailed initially. 

19You made some admissions in your Record of Interview.  You indicated that you would plead guilty to the charges soon after you were remanded.  This is significant and counts in your favour.  It seems that you were not the target of the police warrant.  You happened to be there at the moment the police arrived. 

20Your plea is particularly valuable in circumstances when a very large of backlog of cases exist in this court and I recognise the utilitarian benefit of that.  On your Plea your counsel submitted that you were using about 3 grams of methylamphetamine a day and supplying close associates to pay for your addiction.  This would appear to be consistent with your antecedents and with the quantity with which you were found.

Impact of COVID-19 pandemic

21You spent 4 months in custody during the worst phase of the pandemic in Victoria.  It is now well-established that prisoners in custody in this time have to contend with greater deprivations than in normal times.  This is also a factor giving rise to a reduced sentence. 

22Your ambition is to work in the fly-in fly-out workforce in the mines and you have a personal connection that you think will assist you to do that and you have demonstrated in the past your ability to find work. 

23In November last year, you were bailed to a residential rehabilitation facility in Shepparton.  On your Plea, your counsel tendered a letter - two letters including one dated 22 February 2021.  These letters became Exhibit 2.  Ms Hutchison, the author of the letter, described how you applied yourself to all aspects of the program in Shepparton and demonstrated a commitment to your recovery from substance abuse.  The program sounds relatively intense.  You produced clean urine screens throughout it.  You took part in all the daily responsibilities and became a supporter of some of the other residents.  

24Ms Hutchison writes that during the program you sought assistance for your untreated AHDH.  You are now medicated for that.  She records how you have dealt courageously with the challenges of the program and that you have accepted feedback when given it.  Part of the program organises structured time away from the centre.  This meant you spent time with your family over the Christmas period. 

25On 25 February 2021, you completed the 16-week program and varied your bail to go and live with your sister.  Ms Hutchison commends you for all these achievements.  It is early days given the longstanding nature of your difficulties, however, this is a firm and encouraging beginning. 

Sentencing principles 

26General deterrence is the central principle when sentencing for drug trafficking offences.  I am obliged to sentence you in a way that deters others from behaving in a similar way.  Having regard to your achievements in the rehabilitation centre, I am optimistic that specific deterrence plays a lesser role in this sentence though I have noted the CCO.

27I must also sentence you in a way that is punitive and denounces your conduct.  I regard the protection of the community to be best achieved by your rehabilitation.  I have had regard to the general landscape for sentencing for offences of trafficking and I am sentencing you in that context.

28Having regard to your achievements in The Cottage program, I found that your prospects of rehabilitation are encouraging.  Your achievements there have made a substantial difference to the penalty that I will impose today.

29On Charge 1: trafficking in a drug of dependence and the related summary offence of dealing with property suspected of being proceeds of crime, you are convicted and sentenced to an aggregate term of 123 days imprisonment. 

30Pursuant to s18 of the Sentencing Act, I declare that you have spent 123 days by way of pre-sentence detention. 

31On the related summary offence of possessing cartridge ammunition without a licence, you are convicted and fined $400. 

32Pursuant to s6AAA of the Sentencing Act, had you not pleaded guilty but been found guilty after trial, I declare that I would have imposed a term of imprisonment of 6 months imprisonment. 

33I make the forfeiture and disposal orders for the drugs, ammunition and cash respectively.

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