Director of Public Prosecutions v Ragauskas

[2016] VCC 1232

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 15-01749

THE QUEEN

v

ANDREW RAGAUSKAS

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JUDGE:	HIS HONOUR JUDGE PILGRIM
WHERE HELD:	Melbourne
DATE OF HEARING:	16 May 2016
DATE OF SENTENCE:	22 August 2016
CASE MAY BE CITED AS:	DPP v Ragauskas
MEDIUM NEUTRAL CITATION:	[2016] VCC 1232

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions (Commonwealth)	Ms L. Skoblar	Commonwealth Director of Public Prosecutions
For the Accused	Ms C. Woodward	Victoria Legal Aid

HIS HONOUR:

1Mr Ragauskas, you have pleaded guilty to one count of trafficking a drug of dependence, three counts of importing a marketable quantity of border-controlled drugs, and two counts of possessing drugs of dependence. You have further, pursuant to s.145 of the Criminal Procedure Act, consented to a summary offence being dealt with by this court. 

2You pleaded guilty to one count of possessing a prohibited weapon, I will speak about that in a moment. 

3You have heard the learned prosecutor tell this court that the following maximum penalties apply to these offences.  For trafficking a drug of dependence, it is a maximum of 15 years' imprisonment.  For importing a marketable quantity of a drug, that is what it amounts to at the end of the day, with all of the other words "marketable quantity of a border-controlled substance", that is what it is all about.  So a marketable quantity of drugs, 25 years' imprisonment as a maximum, and possessing drugs of dependence, five years' imprisonment.

4The maximum penalty for the summary offence is that of two years' imprisonment. 

5For having pleaded guilty, I will impose a lesser sentence than I otherwise would have imposed.  In other words, you receive a discounted sentence for having pleaded guilty.

6Mr Ragauskas, the three counts of importing drugs relate to you ordering different types of illegal drugs using an online black market website, known as I understand it, as "Agora", causing those ordered drugs to be imported into Australia by way of the postal service.

7It was on 29 March 2015 that the Australian Border Force, as it was then called, intercepted an international consignment from the United States of America.  The package was addressed to you, that address being 12 Hartford Court, Wantirna South.  An x-ray examination of the package detected anomalies, and examination of the package revealed aluminium pouches containing white powder, that was presumptively tested as cocaine.  The total weight of white powder that was presumptively tested as cocaine was 1.3 grams, a small quantity.

8On 23 June 2015, the Australian Border Force intercepted an international consignment from Hong Kong.  The package was addressed to yourself with the consignee address, that being you, again 12 Hartford Court, Wantirna South.  An x-ray examination of that package detected anomalies.  A further examination of the package revealed a clear liquid in one plastic bottle that was presumptively tested as GBL.  It is a many-lettered word and hard to pronounce, but GBL is commonly understood.  The total weight of that clear liquid was one litre, which subsequent testing found to be 985 mL pure GBL.  The total weight, therefore, that you are charged with is 985 mL of GBL.

9Now, I pause there for a moment.  You heard the prosecutor, Ms Skoblar, say today that you were 15 mL short of a commercial quantity.  And a commercial quantity gets into what I will call, in your instance, or in the instance of any person charged, the "red danger zone" if you like, because it becomes a commercial quantity, and that attracts condign, or serious punishment. 

10Then one week later, on 30 June, the Australian Border Force referred investigation on you to Task Force Icarus.  The Border Force people referred your case to Icarus.  The Australian Federal Police, Victoria Police, and Australia Border Force established a joint taskforce, as I said, called Icarus, to investigate the importation of illegal drugs via online black market sites such as Agora.  An officer attached to Task Force Icarus removed the GBL from the package and replaced it with an inert substance.  The parcel was then repackaged for a managed delivery, and then on the following day a managed delivery was conducted at 12 Hartford Close, Wantirna South, at about ten to 9 in the morning.  An officer attended and knocked on the front door of those premises and had the following conversation with you.

11The officer said "I have a parcel for Andrew Ragauskas", you replied "Yeah, that's me".  The officer then said "No worries mate, sign here".  You then signed the package and obtained a receipt of it from the police officer.  He then left.  Shortly there afterwards at approximately 9.30, half an hour later, 40 minutes later, police officers related to Icarus executed a search warrant at 12 Hartford Close, Wantirna South.  The officers attached to that Icarus team entered the premises through an open door, and immediately located you.  You were then holding the bottle of the substituted GBL.  You were present and remained present during the execution of that search warrant.

12During the course of the execution of the search warrant, the following items were seized:  a brown box and substituted GBL, which was the subject of the managed delivery I spoke of just a few moments ago; a small plastic vial containing 10 mL of GBL; and 22 similar empty small plastic containers; a plastic container containing a small quantity of cannabis; two sets of digital scales; and a knuckleduster.  Mr Ragauskas, this knuckleduster is the subject of the summary offence that you consented to being dealt with and pleaded guilty to the possession of that knuckleduster.

13Later when interviewed by the investigating police officers, you admitted that this knuckleduster belonged to you, that it was homemade, and that it had never left your room.

14In addition to these various items, that is, those that were seized, that I just mentioned prior to the knuckleduster, your Apple iPhone was seized for analysis, messages on that iPhone indicated discussions that you had with persons who might be called your customers relative to your importation and possession of illicit drugs.  Mr Ragauskas, you were arrested and taken to the Croydon police station, where you took part in a record of interview. 

15You made various admissions touching upon those counts, or the counts on the indictment.  On Count 1 on the indictment, that is, the count of trafficking testosterone, that is based on your trafficking testosterone being a quantity not less than 50 grams between 1 January 2015 and 1 July 2015.  That all emerged off your phone.  Mr Ragauskas, your iPhone contained the following material.

16On 5 January you contacted an unknown recipient.  The words that were recorded were "If you get 20 for a down payment on the next vial, I'll give you the other one I got today, because I need some cash for petrol to get to RY tomoz".  I do not know what that all stands for, but "tomoz", I suspect, is "tomorrow".

17Another message from you to recipient "Tom J", "Roids are here for you", and from Tom J in response to you "Sexsational, I'll call you after work". 

18Later on in your record of interview, you made the following admissions to trafficking that testosterone.  You admitted that you had previously ordered steroids from Agora and understood these steroids to have been sent domestically.  You paid for the steroids in Bitcoin.  That the steroids you ordered were ordered six months ago, and they were called "testosterone enanthate", and contained liquid vials.  You also admitted that  testosterone enanthate came in 10 mL vials, and that when a text on your phone was put to you where you referred to having "If you have got 20 for the down payment of a vial, I'll give you the other one", you accepted this was about testosterone.  You purchased testosterone for your own use and for the sale to a friend.  All of those admissions you made.

19As to Count 2, the count of importing cocaine, this count relates to the importation of 1.3 grams, imported on 29 March 2015, and an additional importation of 3.5 grams of cocaine in relation to which there were references on your Apple iPhone through the April of 2015.  This count is accordingly based on the overall importation of 4.8 grams of cocaine between 29 March and
1 May 2015. Cocaine is a border-controlled drug pursuant to Schedule 4 of the Criminal Code, which was a marketable quantity, being greater than 2 grams.

20Your Apple iPhone was found to contain the following messages indicative of importing cocaine.  On 15 April 2015 from you to recipient "Adam", this is what was said.  "Ads, I got some good as coke if you want any, I got it mailed from overseas.  It's the best shit I've ever had by far, so if you want any, I'll sell you a gram cheap as fuck".  From recipient "Riley" to you, he says "You can you get half a g", response from you "Yeah, 300 I think, no 200, I think 350 for a gram, 200 for half". 

21In your record of interview, you initially stated that you did not order cocaine over the internet, but subsequently you made the following admissions to importing cocaine:  you admitted that you ordered cocaine online in the quantity of the package ordered from overseas which arrived in Australia on
29 March 2015; that you ordered the cocaine online and paid for it using  Bitcoin, and only ever ordered it once; that you know cocaine is a drug of dependence, and that it is illegal to import it.  You further admitted when a text on your phone was put to you, where you referred to having "good as coke", you accepted that you had previously imported 3.5 grams of cocaine from overseas, and that your purpose for importing cocaine was for use and sale.

22As to the importation of MDMA, there were references to your Apple iPhone in early May of 2015.  The MDMA is a border-controlled drug, and the marketable quantity being greater than 0.5 grams.  Your iPhone was found to contain the following messages indicative of your importing of MDMA.  On 10 May 2015 from sender "Gia", this is what Gia said.  "That's the best MD ever".  Response from you, "Imported it from Europe, of course it's good".  Then later, undated from sender called "Jayden" to you, Jayden says "Can I still get the MD off ya, it's extremely important I get some tonight". 

23In your taped record of interview, you initially stated that you did not order MDMA over the internet, but subsequently you made the following admissions to importing MDMA.  You admitted that you did order MDMA online, but from an Australian vendor, not from overseas, and paid $200;  that you ordered MDMA to use it for recreational purposes; you further said that you use MDMA every couple of weeks when you go out to a club; further, you admitted that when a text was put to you, where you received a message stating "Oi, that's the best MD ever", your response was "I imported it from Europe, of course it's good", you accepted that these texts were about MDMA; and further you imported 3 grams of MDMA for which you paid $110, that the payment for the MDMA and the MDMA itself was shared amongst a group of your friends.  That was Count 3.

24Count 4, this count relates to the importation of a package containing 985 mL of GBL. That occurred on 23 June 2015. This count is dated as at the arrival date in Australia of the package containing the GBL. GBL is a border-controlled drug pursuant to Schedule 4 of the Criminal Code, with the marketable quantity being greater than 2 grams, and a commercial quantity being greater than 1 kilogram.

25In your record of interview, you made the following admissions as to the GBL:  you said that you signed for a package which you knew was coming, and which you did order GBL from overseas; you also said that in relation to the package, it was meant to be 1 litre of GBL, "which I bought off a dark net type illegal market on the internet, and had it sent through the post", and that the website it was ordered from was Agora. 

26You further said that you admitted that the GBL is taken orally through a plunger and squirted into the mouth.  I pause there for a moment to import my own knowledge.  I hope, not incorrectly, those plungers are similar to an eye dropper and you simply take an eye drop of the substance and put it onto your tongue.  I have heard that on many occasions here in this courtroom. 

27Further, you admitted that you paid for the GBL using Bitcoin, and that you transfer money from your bank account to a Bitcoin account, and then you transfer that to the website.  You further admitted that you paid 200 for the GBL, and that it is the first time you have ordered GBL, although you believed that the order had not gotten through, and that the earlier packages fulfilling the order had been seized.

28As to the fifth count on the indictment, that relates to a vial of not less than 10 mL of GBL seized during the course of the execution of the search warrant that we spoke of earlier.  That was on 1 July 2015.  Text messages on your iPhone confirm your possession and use of GBL, and refer to future sales.  When interviewed in your record of interview, it reveals the following admissions:  you said that the GBL located in your room belongs to you and you bought it on the street; that you use GBL almost every day, and last used it on the previous day.  You further said that you take GBL by putting a drop in your mouth with a flavoured drink, so that you can "perform socially".

29The last count on the indictment relates to cannabis that was found in your room.  Text messages on your iPhone confirm your possession and use of cannabis.  You admitted that this cannabis was mixed with tobacco and that it belonged to you. 

30Mr Ragauskas, you are now age 25, having been born on 20 March 1991.  You live at home with your parents.  You have one sister and two brothers.  Each of your siblings, as I understand the material, are high achievers, and are successful young adults.  Your family is a close and loving family, indeed your godfather, a Mr Williamson, says in his reference provided to this court, and I quote from his reference directly.  Quoting from his reference, he says this, this is Mr Williamson:

"I have known the Ragauskas family for over 40 years, and I am godfather to two of their four children, including Andrew.  They are a close and loyal family unit that have been brought up with strong Christian values and ideals.  They are also caring members of the community and a much-loved family".

31Mr Williamson goes on to say:

"They are also a professional family who are strong academically, and their children have achieved their goals with their lives and careers.  Andrew was not as strong academically, and did not have the same tenacity at school as his older siblings.  Because of this, he did not have the same career aspirations.  Sadly, this has contributed to Andrew going down a path that has landed him in this awful predicament".

32Mr Ragauskas, you grew up in suburban Melbourne in Wantirna, where you attended the local Catholic primary school.  You then commenced secondary college at a local Catholic school.  After leaving school in Year 10 you commenced a plumbing apprenticeship.  You told Dr Zimmerman, the psychiatrist, that you left this opportunity because you were not interested.

33Further, you informed this doctor, and I quote from her report.  Dr Zimmerman said this, and I quote, this is you speaking to Zimmerman.  Zimmerman says:

"He said that he tried different trades, but none suited him.  He said that he commenced an electro-technology certificate at Chisholm TAFE but left after about four months before leaving because drugs crept in.  He said he was using methyl-dioxine, or MDMA, or ecstasy, a recreational stimulant drug, and GBH, a depressant, at the time.  He stated he was also struggling with the homework."

34You have informed Dr Zimmerman that you remain interested in electronics, and you indicate you enjoy dismantling and reassembling things, however you struggle to process theory and then start daydreaming.  Dr Zimmerman reports that you have had one significant relationship, however that union was fraught due to each of you sharing a drug problem.  You further indicate to
Dr Zimmerman that you have had two period in your life where you were homeless after walking out on your parents after some sort of disagreement.  You have indicated to Dr Zimmerman that when aged about 23 you were diagnosed ADHD.  You were prescribed drugs by your then-psychiatrist.  Further, you also used illicit drugs on weekends whilst taking prescription medication.  You indicated, this is to Zimmerman, that ice and party drugs were your choice at this time. 

35As you know, Mr Ragauskas, Dr Zimmerman was provided with various reports prior to her consultation with you.  Amongst these reports were various school reports.  If I pause here for a moment, Dr Zimmerman is a highly qualified and broadly experienced forensic psychiatrist.  Her report dated 13 April 2016 is excellent.  I find her report to be both useful and informative. 

36Dr Zimmerman says, and I again quote her "I cannot support a diagnosis of ADHD".  That is what Dr Zimmerman says about you having examined all the material.  I quote directly from her report because it becomes important, and if I might say so, the second psychiatrist you have seen from Forensicare just recently, Dr Glowinski, is in accord with the observations made by
Dr Zimmerman.

37Dr Zimmerman says this for the record: 

"ADHD is a syndrome characterised by excessive difficulty concentrating, impulsiveness and restlessness.  There were certainly references to such issues in the reports Mr Ragauskas provided me with, although there was also evidence of classes where he appeared to perform well.  Symptoms of hyperactive behaviour usually remit by early adolescence, but problems with impulse control and inattention may persist into adulthood".

38Dr Zimmerman goes on to say that you provide a history of being able to concentrate for hours when you are interested in the task at hand, as a child, and currently with projects such as assembling electronic devices.  Zimmerman says this:  "This ability to focus and attend in certain fields is unusual with a person suffering from ADHD".  Zimmerman says

"Antisocial behaviour such as abuse of drugs may develop in a minority of teenagers and adults with diagnoses of ADHD, and certainly
Mr Ragauskas has a clear record of antisocial acts in his teens and constant substance abuse since this time.  Attempts to procure medication from doctors are commonly seen in individuals with substance abuse problems, as would appear to have been the case with Mr Ragauskas.  It can be difficult to disentangle the issues of primary substance abuse disorders from misuse, certainly to an underlying diagnosis of ADHD".

39I pause there for a moment, because Dr Zimmerman speaks about having read all of the exhibits produced by the prosecutor, many of which are photographs that the police officers have provided to their brief, showing many conversations between you and others.  And some of it might infer, I emphasise might infer, doctor shopping so as to get prescribed drugs.  I will come back to that.

40I now continue with the report of Dr Zimmerman.  Dr Zimmerman says this, and I am quoting her:

"In Mr Ragauskas' case, there are a number of factors that make it difficult to diagnose ADHD with any degree of certainty.  Firstly, the inconsistent picture provided by the school reports regarding his ability to focus and achieve.  Secondly, he provides an inconsistent account of his behaviours, varying from essentially a well-behaved child who would only become involved in fights to aid others, through to a picture of a habitually violent young man in a range of contexts.  The text messages suggest that
Mr Ragauskas was manipulating his psychiatrist in order to get him [that is, the psychiatrist], to provide stimulant medication.  On the one hand,
Mr Ragauskas stated to me that dexamphetamine changed his life, enabling him to study at TAFE.  On the other hand he stated that he dropped out because he was not doing his homework and was abusing a range of drugs, both stimulants and depressants.  Finally, there was no evidence of any sign of ADHD on interview, although he stated that this was because he had used ice.  In light of this information I cannot support a diagnosis of ADHD".

41Now, this is all important for what I am about to say.  But before I say that, I am reading the report provided by Dr Glowinski.  He is, as I understand it, in total accord, or certainly very parallel with the observations and comments made by Zimmerman.  I say this.  I am inclined to agree with Dr Zimmerman, that is, that you are attempting to procure medication from doctors, and that is commonly seen in individuals with substance abuse problems.  That is the doctor shopping I spoke of, when you look through all of those records, that is what it might indicate.  Emphasis "might indicate".

42I agree with Dr Zimmerman when in her report this doctor says "I believe he suffers from poly-drug abuse and dependence.  His description of how he feels when he cannot obtain benzodiazepam and clonazepam is consistent with features associated with withdrawal from his medication, and a patient who is dependent on it.  He would appear to be currently abusing ice, benzodiazepines, GBL on occasions, and cannabis on occasions.  In my opinion, Mr Ragauskas was abusing, and dependent, on a range of illicit drugs at the time of his offending, as the charges against him relate to obtaining, distributing, and using drugs, there would appear to be a direct relationship between his substance abuse and the offences.

43"In terms of his history of treatment, Mr Ragauskas appears not to have been treated for substance abuse.  Instead, he has been prescribed two highly addictive drugs, dexamphetamine and clonazepam, as a consequence of being diagnosed with ADHD".

44Now, to unravel all of that, I accept the finding of Dr Zimmerman, that the diagnosis of ADHD cannot be supported.  In that circumstances, the prescribing of dexamphetamine and clonazepam is nothing short of disastrous in terms of your health, your mental health, and your drug addiction.

45Mr Ragauskas, to your credit, you have some eight or nine months after the investigating police officers, become involved and gone to counselling services to seek help.  I have reports from Neami National, a mental health counselling service, and from EACH, a social community health counselling service. 
Ms Cara Du Toit indicates that as at 11 May of this year you had attended one counselling session, and you were eager to make changes in your life to benefit yourself and your family.

46The community corrections officer that spoke with you, preparing a report on your behalf, apparently has contacted Ms Du Toit, and the community corrections officer said this - just excuse me a moment.

47At the time of the initial interview, that is when the community corrections officer was speaking with you, you advised that you had attended drug and alcohol counselling at the Ringwood East and Access Community Health Centre (EACH).  The writer confirmed this with Cara Du Toit that you attended on two occasions.  At Mr Raguskas' second interview, you advised that person that you were no longer attending EACH due to having a large number of other appointments.  So you certainly started it, but because you were involved with so many others, you had stopped going to EACH.

48Ms Kerri Jones from Neami writes this.  She writes in similar terms, that is, you have attended two counselling sessions and taken part in several phone support communications with that lady.  I must add at this point in time that you have one prior court appearance.  You have no convictions, so the word "convictions" has been floating about today.  No convictions, but one prior court appearance.  That was over six years ago in the Children's Court jurisdiction for a totally unrelated matter.

49I am also advised that you have an outstanding matter yet to be dealt with in the Magistrates' Court.  That is not a prior conviction, I am just advised that in the best interest of the community knowing everything, you have got one further matter to attend to at the Magistrates' Court, I believe, if I am speaking from memory, at Ringwood.

50Mr Ragauskas, I assure you that I have taken into account all that has been said on your behalf by your counsel, Ms Woodward.  I further take into account the letters of reference provided by your parents and Mr Williamson.  I take into account your plea of guilty, which is also indicative of your remorse.  Indeed, Mr Williamson, in his reference, said this, and I again quote him:

"Andrew's actions have had a profound effect on his family, and I know that he is deeply remorseful for the pain and sadness that this has caused them all.  He is seeking to get long-term professional assistance to help him rehabilitate, and become once again the normal, loving person that he was".

51As you well know, your parents have attended court, both the first hearing and again today, demonstrating their continued support of you.  And as I have already mentioned, you are already attending counselling.  All of those matters, Mr Williamson's support, your parents' support, and the fact that you are attending counselling, point you to be in the right direction in terms of a positive prospect for rehabilitation.  Could you stand up, please?

52Mr Ragauskas, my colleague, Patrick J, and I will explain that in a moment, in a recent case in this court, quoted the president of the Court of Appeal here in Victoria, Mr Maxwell P.  In a moment, I will read a quotation, being the same quotation that Patrick J used in a very similar case to this.  Just so you understand, you may recall the prosecutor produced that case.  The prosecutor concedes that that case, that Judge Patrick was sitting in, is very similar to the case I am sitting in.  So it is right to the point in terms of the quotation that my colleague quoted.

53The quote from the case of Maxwell is this:

"In addition to the weight of the drugs imported or trafficked, the financial reward received or anticipated by the offender is relevant to the objective gravity of the offence.  Other things being equal, an importation which is undertaken because it will bring, or is expected to bring, a large financial reward to the offender, will be more serious than one where the expected reward is small or non-existent.  The underlying proposition is that the greater the anticipated reward of criminal conduct such as this, which includes such harm on the community, the higher the offender's moral culpability."

54Now, you may have heard, and you may have understood what the prosecutor said.  I will try and put it very simply.  There are many out there that are importing substantial quantities of drugs.  We regularly see it on news programs and television, where massive quantities of methamphetamine, heroin, or whatever are brought in.  Obviously there is a great commercial reward if that then gets out onto the street, those drugs then get out onto the street.  The prosecutor very properly concedes in this place, and as you have heard, that that is not suggested here. 

55On two of the counts, they are very low levels of drug being imported in terms of their weight.  But the third count, that is Count 4, it is approaching, and nearly made the commercial quantity, which really puts it into a much different category.  I hasten to add, I do not know whether Ms Skoblar enunciated in terms that you will have understood, but it is understood by me and those judges that sit in this jurisdiction, that this particular drug, in terms of value, is low level when compared to others.  But nevertheless, when I say low level, that is the financial reward when compared to methamphetamine, heroin, things of that nature, and cocaine.  But nevertheless, it is a commercial quantity, and that is what gives it that degree of seriousness that you cannot avoid. 

56Indeed, I do not mean to be in any way facetious, you may be lucky, because you believed you were importing a litre, and in fact it turned out to be 15 mL light on.  To that extent, that is to your benefit.  If you do not understand that, I am sure your barrister does, and she will make it clear if you do not.

57This case is important, that is, that case of Maxwell, is important in that those matters that must be taken into account are relevant when considering the facts and how I must deal with them.

58Now, stepping away from Counts 2, 3 and 4, that is those importation offences where the maximum sentence as I told you earlier this morning - or early this afternoon, is 25 years' imprisonment.  That in itself has got to indicate how serious it is.  But as to Counts 1, 5 and 6, they are lesser counts, and they are counts levelled by the Commonwealth prosecutor under State legislation.  Now, I do not want you to get confused.  There has got to be two separate sentences in reality, to deal with the State offences and the Commonwealth offences.

59When one is in fact being imprisoned, and I mean going to prison, it becomes a nightmare being able to articulate clearly the difference when the two of them are combined.  Happily, that is not the case here.

60In relation to the counts on the presentment, on the indictment, I beg your pardon, that is Count 1 and Counts 5 and 6.  Count 1 being trafficking of a drug of dependence and Counts 5 and 6 being in possession of drugs of dependence, being State offences, you will be convicted and released on a community corrections order for a period of 12 months.  The special conditions of that community corrections order are these.  I will explain them to you in a moment, but pursuant to s.48D(3)(a), that you undergo assessment and treatment for drug abuse and dependency, I will come back to it in a moment.

61Pursuant to s.48D(3)(f), that you undergo offending behaviour programs directed to assist you so as to avoid reoffending, and pursuant s.48D(3)(e), mental health assessment and treatment assessment if necessary.  Now, let me explain those.  If I put it this way, the assessment and treatment for drug dependency and the assessment and treatment for mental health really all rolls into the one.  I think you were sitting in court when I was speaking to a fellow earlier this morning.  Methylamphetamine in particular, and all other drugs, mess with your brain, and they often become indicative of mental health issues that have got to be addressed.  In that sense, I say they all roll into the one.  That is, how you manage not being driven to take illicit drugs because of your addiction.  So you must undergo assessment, and if there is said to be treatment that must follow, then you must comply.  If you do not, you are in breach of the community corrections order, and then you will be returned to this court and dealt with for breach.  And you are at risk of being imprisoned.  I cannot say you will be, I cannot say you will not, but that is what the risk is.

62Furthermore, you are, pursuant to s.48E, subject to the supervision of a corrections officer.  Can I just say this much, those supervising officers frequently become an extra counsellor if you need one.  They are the sort of people that are dealing with the types of individuals such as yourself that are frequently battling with problems such as drug addiction.  So whatever your problem might be, do not be frightened to raise it with that individual, as well as your counsellors. 

63The other thing I hope that will reassure you and your family is this.  As I understand it, and you may have heard me say this again earlier this morning.  Corrections, the Office of Corrections, do not usually interfere with whoever you are seeing already in terms of counselling and in terms of whatever assistance that counselling is providing.  So then instead of appointing yet another person to counsel you, they use the same ones you are using, do you understand that?  And you may have heard me discussing that with your barrister, because it is not known by your barrister or me whether or not the psychiatrist you are now seeing is aware of what Dr Zimmerman had to say, and what the other psychiatrist had to say, so it would be better if all those reports are in the possession of the psychiatrist now treating you, and Corrections highly probably will see to it that that is done.  But be reassured, you do not get sent off to yet another.  The persons that are used by Corrections, as long as they are persons of acceptable credibility, are the persons that you will be referred to, do you understand that?

64Now, as to Counts 2, 3 and 4, all of those, as you have probably assessed yourself, because you are obviously an intelligent man, are much more serious in terms of what you have done and what the penalty is that attaches to that type of offending, and that is the point of that report I read from the case of Maxwell, where one must assess closely where you sit in the scale of things, if you like.  The Crown concede, as I understand, that you are at the bottom of offending in terms of degrees of seriousness, but that does not get away from the serious nature of what the offence was.  That is what the difficulty is that you face when you are charged with importing drugs as you have done.

65If I pause there for a moment, it causes me some distress that you can press a button on a computer and order such drugs from overseas, and then they come into the country the way they do.  It is far too easy.  But still, that is what is happening, and that is what you did.  But Counts 2, 3 and 4 are in themselves serious offences, when judged by the maximum penalty provided by the legislature.  The amount of the drug, GBL, that is the one that is really damaging in terms of what your offending was in fact, has been recognised and is mentioned by prosecutor and mentioned by me on a number of occasions, so close to a commercial quantity, that it was a very near miss. 

66On Counts 2, 3 and 4, on each of those counts, you will be sentenced in the following way.

67You will be sentenced to a period of four months' imprisonment on Count 2, four months' imprisonment on Count 3, and 12 months' imprisonment on Count 4.  All of those sentences commence this day.  The total effective sentence, if you have to come to serve the sentence, is 20 months' imprisonment.  

68Now, further, I have to say this.  You are to be released forthwith on entering into reconnaissance, it is called a reconnaissance release order, with a surety of $1,000, and an undertaking to be of good behaviour for a period of 12 months, which is the same period that the community corrections order is running.  Do you understand that?

69OFFENDER:  Yes.

70HIS HONOUR:  I am also required to explain to you the consequences if you do not comply with your reconnaissance release order.  I again pause.  You may wonder what is happening here.  The legislation casts specific duties upon this court on what the court must address, and you heard Ms Skoblar spell those out.  Section 16 spells out all of the various things that must be taken into account in sentencing you.  I believe I have done that.  But the legislation also goes on that I must explain to you what happens if you do not comply, and that is what I am now doing. 

71I am required to explain to you the consequences if you do not comply with the reconnaissance release order.  If you do not comply, and are brought back to the court on breach, the monetary penalty of not more than $1,000 can be imposed on you, or the order can be amended to extend the period of time, or the order can be revoked, and another order can be made of another type of reconnaissance release order.  Or the order can be revoked, and you can be dealt with in respect of these offences, or no action can be taken.

72I must warn you that if you breach this order by any further offending and are brought back before me, then it is likely that I would impose the sentences of imprisonment I have already imposed.  Do you understand that?  It is not a threat, it is just explaining to you what happens.  You must understand that there are very serious consequences that flow from you failing to comply.  Do you understand that?

73OFFENDER:  Yes.

74HIS HONOUR:  Now, just take a seat for a moment.  I said to an offender earlier this morning, and I say it to you in fairness.  I have not imposed a penalty on the community corrections order, that is for the State offences, of having to perform community work.  The reason why I have done that is you are at risk of being imprisoned if you do not comply.  To further penalise you, I think, is almost in a sense, a double dip, you get a double penalty.  So if you are speaking to friends or acquaintances out there, do not say the judge did not sentence me to perform community work.  I deliberately have not done so, because there is a very real prison sentence hanging over your head.  And if you are in breach of the community corrections order, highly probably - I cannot say in fact, but highly probably, you would be in breach of the reconnaissance order, and if you are in breach of the reconnaissance order, you are facing 20 months' imprisonment. 

75The summary offences also, on the community corrections order - I am sorry, I meant to include that.  So that summary offences also, that is in relation to the possession of the knuckleduster. 

76And the only other ancillary order - there is a s.6AAA, I have got to announce that, do I not?

77MS SKOBLAR:  Yes, Your Honour.

78HIS HONOUR:  I believe it is - I find that this crystal ball gazing a little difficult, but I believe I highly probably would have imposed a penalty perhaps of 24 months with a minimum of 18 months, particularly in relation to the importing offences.  I say this to you, because I have not used these words, but you heard the prosecutor mention specific deterrence, and you heard the prosecutor mention general deterrence.  The reason why, or the reason behind such matters is this.

79General deterrence has to be those that are out there in the community looking in, "Well, what happened to him", "Oh well, if that is all that happened, I will have a dash at it".  General deterrence, if effective, should dissuade others from following your example. 

80In relation to specific deterrence, that relates to you as a person specifically, and you should be dealt with in such a way that you will make your own determination about how you will behave in the future, and you know what is in front of you if you decide to continue this sort of illegal behaviour or similar.  Do you understand that?  I am trying to keep it simple.

81So apart from the forfeiture order and the s.6AAA, are there any other orders sought?

82MS SKOBLAR:  No, Your Honour, I have drafted a reconnaissance in the terms.

83HIS HONOUR:  Thank you.  Just take a seat, take a seat with Mum and Dad.  Thank you, we will adjourn.  10 o'clock, yes.

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