Director of Public Prosecutions v Pratt
[2022] VCC 1268
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 18-01913
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ALEXANDER PRATT |
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JUDGE: | HIS HONOUR JUDGE CHETTLE |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 3 – 6 May 2022, 9-13 May 2022, 16 and 17 May 2022, and 25 July 2022 |
DATE OF SENTENCE: | 5 August 2022 |
CASE MAY BE CITED AS: | DPP v Pratt |
MEDIUM NEUTRAL CITATION: | [2022] VCC 1268 |
REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited: Stevens v The Queen, [2020] VSCA 170
Sentence:Imprisonment, 9 years and 6 months, non-parole period, 6 years, and 6 months. Forfeiture and Disposal order.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr C. Paganis | Ms E. Muir |
For the Accused | Mr D. Moen | Mr C. Pouras |
HIS HONOUR:
1Alexander Richard Pratt, you have been convicted by a jury of one, cultivation of not less than a commercial quantity of Cannabis L between August 2016 and February 2017 and two, trafficking in a drug of dependence, Cannabis, between December 2016 and 3 March 2017.
2You were one of a number of people criminally involved in the cultivation of a commercial crop of cannabis at a factory in Mordialloc in late 2016 and early 2017.
3You organised the renting of the factor initially and you paid in cash the rental payments for that factory on seven separate occasions between 3 September 2016 and 4 January 2017.
4You persuaded an associate, Rhys Sims, to rent the factory at 6 Nichols Court, Mordialloc. He approached a leasing agent, completed the application form and paperwork for the lease of the factory, and then handed the forms to you.
5A few days later the forms and security deposit of $4033 were provided to the agent. Sims was given the keys a few days later and you attended the factory with him. He gave you the keys that day.
6Photographs of you subsequently making the rent payments at the National Bank, Southland, were tendered at your trial. The owner of the factory discovered cannabis being grown at the factory in late September 2016.
7Grow tents had been built inside the factory and about 100 pots of 3-inch-high plants were observed. He reported his observations to the police. On
2 February 2017 police executed a search warrant at that factory. Nobody was present. A highly sophisticated hydroponic cannabis set up was located and 72 plants, weighing 256 kilograms were seized.8These plants were aged about 16 to 20 weeks when located. Although these plants weighed more than a large commercial quantity, you were charged only with cultivation of a commercial quantity, more than 25 kilograms.
9You became aware that the police had located the crop and on 3 February 2017 you persuaded Sims to manufacture a false sublease for the factory. You provided Sims with a photocopy of a Victorian driver's licence in the name of Rizolin Dizokiti to use in the creation of the false sublease.
10You instructed Sims to make a false backdated record of sublease payments in a receipt book purchased for that purpose. On 11 February police arrested Sims who provided police with the receipt book and photocopies of the driver's licence in Dizokiti's name.
11Your fingerprints were located on the front and back of the photocopied driver's licence. On 3 March 2017 police attended at the unit you rented with your girlfriend, Carley Stevens, in Patterson Road, Bentleigh.
12You and Stevens were on holiday in New Zealand at the time. A search warrant was executed and in the front study a business set up consisting of Australia Post satchels, empty plastic packages, cannabis logo stickers for, 'Heavy duty fruity, northern lights and green crack', were located.
13Police also seized scales, a heat seal machine and a list of names and addresses. In the room were several plastic tubs containing dried cannabis, some in clear packages and other in silver packaging. The total weight of cannabis in this study was 15.69 kilograms.
14In the kitchen a camera with images of cannabis with the wording, 'Ross da boss', was seized. Various computers were also seized and subsequently analysed. When you and Stevens returned to Melbourne Airport on 8 March 2017 you were arrested, and you both exercised you right to make no comment police interviews.
15Police E-crime officer, Peter Duchene, looked at the computer seized. Between December 2016 and March 2017, you and Stevens sold cannabis on the dark net marketplace or dark web. The records indicate numerous sales of cannabis throughout the dark web to numerous happy and satisfied customers.
16Sales were in various sizes, from 3.5 grams to 28 grams. The Court of Appeal described this operation when dealing with your co-accused, Stevens', appeal, and I will return to that later.
17It was the prosecution case that Carley Stevens was the main operator of the computer used to make dark web sales. Your computer however contained images and descriptions of numerous plant nutrients and growth liquids, general references to cannabis and how to grow it.
18It was the prosecution case, and the jury were satisfied beyond reasonable doubt, that you and Stevens were jointly involved in the trafficking of cannabis from the Bentleigh unit, both on the dark net and by possessing
15.6 kilograms of cannabis for sale.19Turning to your personal circumstances, you are now 34 years of age, being born in April 1988 in Launceston. Your personal history is set out in Exhibit 1, the sentencing submissions of your counsel, Mr Moen.
20You grew up in a close family in Tasmania. After completing school at Launceston Grammar, you came to Melbourne to attend university in 2007. Tragically your mother was diagnosed with multiple sclerosis in 2008. To obtain proper treatment your parents moved to Victoria in 2012.
21Your mother has undergone extensive surgery and substantial rehabilitative care. You have provided her with significant care and received the carer's allowance from DHS for that role.
22You obtained double undergraduate degrees at Melbourne University in commerce and arts, majoring in finance, marketing, and media. You also involved yourself in sport and you succeeded at athletics at football, both at school and here in Victoria.
23Your work history is substantial. You worked whilst at school and held several positions before opening your own business in 2013. You sold that business in December 2017 to enable you to provide daily care and assistance to your mother.
24You also became a personal trainer and a franchise holder in Anytime Fitness in 2014 and maintained that until you were remanded in custody this year.
25You have had three personal relationships, the last with Carley Stevens from 2015 to 2020. Ms Stevens was involved with your drug trafficking business. She pleaded guilty to one charge of trafficking in a drug of dependence, and a summary offence of dealing with the proceeds of crime.
26She was originally sentenced in this court to a term of imprisonment of nine months and a two-year community corrections order. On appeal to the Court of Appeal Ms Stevens relied upon her relationship with you and argued that she played a limited role in the drug dealing enterprise.
27She did not source the cannabis and claimed to have joined the enterprise that was already in operation. Sales of cannabis were also made according to her whilst she was absent overseas.
28The Court of Appeal resentenced Ms Stevens to time served, which was then 128 days, and a two-year community corrections order, with a condition that she not associate with you in any way or by any means during that order.
29Significantly the Court of Appeal indicated that but for her pleas of guilty a sentence of four years' imprisonment with a non-parole period of two and a half years would have been imposed for her offending.
30Ms Stevens was called as a defence witness at your trial. She falsely swore that she ran the drug trafficking business on the dark web and that you were not involved. The jury rejected her evidence beyond reasonable doubt.
31Your counsel relied on a number of factors in mitigation of your offending. Firstly, your lack of prior convictions and previous good character. At
34 years of age you are entitled to credit to reflect your lack of criminal history.32Many references were tendered attesting to your character. Unfortunately, most of them assert that you are an innocent man and do not address your drug use. One thing is clear. You have provided drug support for your mother since 2008 and you have demonstrated decency in that regard.
33Secondly, and significantly, there has been a delay of five years in having your matter finalised. The prosecution submissions, Exhibit A on the plea, helpfully set out the chronology of your case's progress.
34Your trial was adjourned on four occasions between 2019 and 2022. Once because no judge was available, twice because of the COVID-19 lockdowns, and once when your counsel fell ill.
35The reference material makes it clear that you experienced great stress having the matter hanging over your head and being regularly adjourned. You used the time available to obtain treatment for your drug addiction to cocaine and cannabis.
36You are now drug free and have provided clear drug screens save for one occasion. You have also attended Narcotics Anonymous regularly to assist you dealing with your previous drug addiction.
37You have demonstrated rehabilitation over the past four years, and I take the significant delay and demonstrated rehabilitation into account in sentencing you. I also take into account the fact that whilst awaiting trial you were subject to stringent bail conditions, including a curfew, and this made the delay in having your trial listed more difficult for you.
38One limitation to your rehabilitative prospects however is your lack of remorse and continued assertion of your innocence. Your evidence on oath was a carefully manufactured fabrication, designed to address the strong features of the prosecution case, and to attempt to falsely shift responsibility for your crimes to Rhys Sims.
39The jury rejected your evidence beyond reasonable doubt. I make it clear that you are not being punished or sentenced for standing your trial and giving evidence at that trial. You are simply unable to claim the benefit of any remorse, contrition, and acceptance of responsibility for your crimes.
40Thirdly, I take into account the effect that COVID-19 has had and will continue to have upon your time in custody. Lockdowns, loss of visits and lack of rehabilitative courses will make your time in custody more onerous for you.
41Your failure to be vaccinated will exacerbate your difficulties and I accept that your concern for your mother and her health will also make your time in custody more onerous for you.
42I regard your offences as mid-level examples of serious crimes. Your cultivation offence saw you cultivate 10 times a commercial quantity of cannabis. You were part of a group of offenders motivated by greed.
43You stood to gain considerable profit from your criminal venture. You were involved in financing and organising the enterprise and it was sophisticated and well-planned. Your trafficking activities were also sophisticated and well-planned.
44The Court of Appeal described your enterprise in its judgment relating to Carley Stevens, the court said:
'The trafficking offence took place at premises that the applicant shared with AP in Bentleigh. The Bentleigh property was the applicant and AP's residence through March 2017. As a result of the seizure of cannabis from the Mordialloc factory on 3 March 2017 police searched the Bentleigh property whilst the applicant and AP were overseas. At the Bentleigh property police found evidence of a commercial operation in trafficking of cannabis involving the use of the dark web and Australia Post. Parts of the premises were used for cannabis storage and packing and despatch. The applicant and allegedly AP used the dark web home page entitled, 'Roster Boss', which revealed a history of transactions relating to cannabis sales. Charge 1 was that between 7 December 2016 and 3 March 2017 the applicant (Stevens) sold cannabis. Your charge was between 1 August 2016 and 2 February 2017, slightly different to that of Stevens. In total 1.8 kilograms of cannabis was sold in that period for $16,300 US. There was a further large amount of cannabis on the premises, the 15.69 kilograms, which represented potential sales of $142,432 US. In the bedroom on the upper level of the Bentleigh property police located a Spirex notebook and a black diary containing suspected drug transaction entries, $2000 in cash was located in the backpack in the cupboard in the bedroom.'
45In fact, $5000 in cash was located in total in the upstairs bedroom. Thus, your operation can be seen as well organised, profitable, and sophisticated. Your counsel correctly acknowledged that general deterrence and denunciation are the most significant sentencing practices for offending such as yours. He also acknowledged that the quantities of drugs cultivated and trafficked were relevant to sentence and that all things being equal the higher the quantity of drugs involved, the higher the sentence.
46Mr Moen argued that there should be no cumulation between your offences, that is that the sentences imposed should be served concurrently. I cannot accept that submission. Each crime represents distinct and separate serious criminal offences.
47There must be some cumulation for your separate trafficking offence, however I will have regard to principles of totality in arriving at the appropriate sentence.
48Mr Moen also submitted that a combination sentence of imprisonment and a community corrections order was within range for your offending. I cannot accept that submission. It is in my view a fanciful submission. Your crimes are simply far too serious for such a disposition.
49Having regard to the quantities of drugs involved, the maximum penalties prescribed by Parliament for each offence, the sentence of your co-accused, and current sentencing practices demonstrated by the cases referred to by
Mr Moen, substantial terms of imprisonment must be imposed for each offence.50On both charges you are convicted. On Charge 1, cultivation of a commercial quantity of cannabis, you are convicted and sentenced to be imprisoned for seven years and six months. On Charge 5, trafficking in a drug of dependence, you are sentenced to be imprisoned for four years.
51I order that two years of the sentence imposed on Charge 5 be served cumulatively upon the sentence imposed on Charge 1, which I declare to be the base sentence. That is a total effective sentence of a term of imprisonment of nine years and six months.
52I order that you serve six years and six months of that sentence before being eligible for parole. I declare - I had 98 days. Is that correct, Mr Moen, as of today?
53MR MOEN: Yes, Your Honour.
54HIS HONOUR: I declare 98 days of that sentence, not including today, have already been served by way of presentence detention, and I make the ancillary orders sought by the Crown of disposal and forfeiture. Any other orders required?
55MS PAGANIS: My apologies, Your Honour, I had a calculation of 99 days, that is including today.
56HIS HONOUR: So, 99 including today, so 98 not including today?
57MS PAGANIS: My apologies, thank you, Your Honour.
58HIS HONOUR: Yes. Is that right, Mr Moen?
59MR MOEN: It is, Your Honour, yes.
60HIS HONOUR: Thank you. I will stand down until 10.30.
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