Director of Public Prosecutions v Rinaldi

[2016] VCC 1301

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

AT BENDIGO
CRIMINAL JURISDICTION

CR -16-00705

DIRECTOR OF PUBLIC PROSECUTIONS

v

JAKE RINALDI

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JUDGE:	HER HONOUR JUDGE PATRICK
WHERE HELD:	Bendigo
DATE OF HEARING:
DATE OF SENTENCE:	2 September 2016
CASE MAY BE CITED AS:	DPP v Rinaldi
MEDIUM NEUTRAL CITATION:	[2016] VCC 1301

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Moore
For the Accused	Mr R. Kelly

HER HONOUR:

1Jake Darley Rinaldi, you have pleaded guilty to four charges of trafficking in
a drug of dependence, Charges 1, 2, 3 and 5; one charge of trafficking in a drug of dependence in a commercial quantity, Charge 4; and one charge of possession of a document for the purposes of trafficking, Charge 6.  You have also pleaded guilty to a number of related summary charges, being Summary Charge 1, unlicensed driving; Summary Charge 11 of dealing with proceeds of crime; and Summary Charge 13 of using a drug of dependence. 

2The maximum penalty for trafficking in a drug of dependence is 15 years' imprisonment.  The maximum penalty for trafficking in a drug of dependence in a commercial quantity is 25 years' imprisonment.  The maximum penalty for possession of a document for the purposes of trafficking is ten years' imprisonment.  The maximum penalty for unlicensed driving is 25 penalty units or three months' imprisonment.  The maximum penalty for dealing with the proceeds of crime is two years' imprisonment.  The maximum penalty for using a drug of dependence is 30 penalty units or one years' imprisonment.

3The circumstances of your offending are set out in detail in the Summary of Prosecution Opening, which was tendered as Exhibit A.  In brief, the circumstances are as follows:  At 9.30 am on 3 November 2015, police found you asleep in your car at the Ravenswood truck stop.  You had an ice pipe sticking out of the pocket of your trousers.  Police searched your car.  They found a considerable amount of drug related paraphernalia, including scales, smoking pipes, sheets with names and numbers on them and plastic bags.  Police also found $13,854.85 in cash, which is the subject of Summary Charge 11. 

4At the time you did not have a licence to drive your motor vehicle.  That is the subject of Summary Charge 1. 

5You had made admissions to the police in respect of certain of the items that were found.  You also admitted that you had used ice that morning.  That is the subject matter of Summary Charge 13.

6Charges 1, 2, 3, 4 and 5, involving trafficking of drugs, deal with the various amounts of drugs that were found in your car on that occasion.  Charge 1 relates to a tablet and crystals of methamphetamine, totalling 36.9 grams.  Charge 2 relates to crystals which were analysed to contain amphetamine to a total of 12.8 grams.  Charge 3 relates to a liquid substance 1,4-Butanediol, which totalled 383.4 grams.  Charge 4, which is the charge of trafficking in
a commercial quantity concerns a large number of capsules and tablets, which were found to contain a total of 660.9 grams of MDMA.  Charge 5 relates to tablets which were found to contain MDA to a total amount of 54.6 grams.

7Police later looked on your mobile phone and found a document relating to the manufacture of GHB.  That document is the subject of Charge 6.

8It appears from all of the drugs that were found and the paraphernalia that you were operating a mobile drug selling business from your car.  There is no information available to me as to where you obtained the drugs. 

9In sentencing you, I have taken into account your personal circumstances.  You grew up in country Victoria, mainly with your mother and younger half-siblings.  Your father left your mother when you were nine weeks old.  Your mother re-partnered.  You were close to your step-father, despite some problems.  You step-father and mother separated when you were 14.  When you were 16, you discovered that your step-father was not your biological father.  You had some contact with your biological father after you turned 18, but that contact ceases at about the time when you were turning 21. 

10Despite some difficulties, you had a very stable upbringing.  You completed Year 12.  You did well at school.  You obtained employment in a supermarket and then in the hospitality industry.  You moved to Bendigo to work, including in a nightclub. You began using ecstasy and then commenced using methamphetamine.  Your use of those drugs and other drugs escalated.  You became involved in criminal offending. 

11You have admitted a prior criminal history, which includes an appearance at Bendigo Magistrates' Court in November 2013, on charges of trafficking methylamphetamine; possess methylamphetamine; using methylamphetamine; and failing to answer bail.  You were convicted and placed on a 12 month community correction order.  You did not complete that order and committed further offences on 21 March 2014. 

12You appeared in the Bendigo Magistrates' Court again on charges of trafficking, including a charge of trafficking in methylamphetamine.  There were other drug-related charges.  You were sentenced to a term of imprisonment of six months, with three months to serve, the other three months being suspended for a period of 12 months. 

13You were also dealt in respect of the contravention of the community correction order and were again placed on that order for a period of 12 months.  It appears that you partially completed that order.  Very unfortunately, after you were released from custody after serving the three months, you managed to stay away from offending for about six months, and then returned to Bendigo and recommenced drug use and offending.

14A report from Mr Warren Simmons, psychologist, was tendered as Exhibit 2.  Mr Simmons says that you have no mental health issues, other than those caused by your "quite copious drug use".  Mr Simmons says your mental state has improved since the time that you have been on remand.  I note that
Mr Simmons says that it can be 18 months for the effects of
amphetamine-based stimulants to fully subside.  Mr Simmons says that you have significant potential for rehabilitation.  He says you are bright and have
a work history and want to address your substance use. 

15Your counsel, in sentencing submissions, said that you understood that you would receive a sentence of imprisonment with a non-parole period.  In mitigation, your counsel principally relied on your plea of guilty, your remorse, your initial co-operation with the police, and your good prospects of rehabilitation. 

16Jake Rinaldi, trafficking in drugs, particularly in a commercial quantity, is very serious offending.  The maximum penalty of 25 years indicates the seriousness with which Parliament, on behalf of the community, takes the offence of trafficking in a commercial quantity of any drug of dependence.  Trafficking in drugs is an evil trade.  The people who make money from trafficking drugs do so because of the weakness and vulnerabilities of others.  In your case, I accept that you were trafficking in order to pay for your own drugs.  You were in an excellent position to understand the evil of drugs, nevertheless you were prepared to sell and distribute drugs to other people.

17It is concerning that you had a document in relation to the manufacture of GBH, but there is no evidence that you had manufactured any drugs or were intending to manufacture any drug.

18Given your prior criminal history, it is disturbing that you were unable to take advantage of the opportunity you were given to complete a community correction order and remain offence-free.  At the very least this three months' of imprisonment should have been a very big warning to you as to what would happen if you got re-engaged in drug use and drug-related offending. 

19It is of significance in sentencing that you are being sentenced on these charges of trafficking in respect of one day only.  The charges do not cover anything other than the day that you were found to possess all of these drugs for the purpose of trafficking. 

20Denunciation, just punishment and general deterrence are very important sentencing considerations in these circumstances. 

21I accept that you do have good prospects of rehabilitation, despite your past lapses into drug use and drug offending.  It is apparent that you have insight and are keen to change.  That is evident from Mr Simmons' report and from what you have told your mother and other family members who provided references.  You clearly have their support and that continues to be important to you.  You have a capacity to work and to have a very positive future.  You clearly have intelligence and the ability to work hard.  Those matters are also evident from the document that you have written, entitled, "My Story". 

22It is of significance that you have a very positive reference from your former employer.  It is also clear that you have commenced your rehabilitation whilst being in custody on remand.  You have completed courses and I accept that you have pushed to do those courses.  You have received a particularly positive report in respect to your involvement in the Changing Tracks Program.  You are a young man and your rehabilitation must be given significant weight in sentencing you. 

23As a 25-year-old, you have a significant criminal history, but you also have
a long future, during which you have the ability and capacity to make a positive contribution to society.  Your rehabilitation is clearly of great importance, both to you and to the community generally.  Your rehabilitation must be given significant weight in sentencing you.  I consider that specific deterrence has been partially achieved and requires lesser weight in sentencing you because of your current good prospects of rehabilitation. 

24You are entitled to a significant discount for your plea of guilty.  That plea of guilty was made early and is evidence of your genuine remorse. 

25A sentence of imprisonment is clearly warranted for the purposes of denunciation, just punishment and general deterrence.  I have taken your relative youth and prospects of rehabilitation into account in setting the
non-parole period.  I consider some cumulation of sentence is warranted to reflect the variety of illegal substance you were prepared to sell.  The other offending is closely related to the trafficking offences and I have left those as concurrent sentences. 

26I have taken into account both the principles of totality and parsimony in determining the amount of cumulation and concurrency.

27I have made the orders for forfeiture and disposal that were sought. 

28Mr Rinaldi, can you stand please.

29I am also making the order for the taking of a forensic sample from you.  I am doing that because of the seriousness of the circumstances of your offending, your prior convictions and that the making of the order was not opposed.  The authorities will come to take a saliva sample from you in custody.  You are required to consent to them taking a saliva sample.  If you do not consent, then they are entitled to use reasonable force and to take a blood sample.  I am sure that you will provide your consent to that taking of the saliva sample.

30On Charge 1, you are convicted and sentenced to a term of imprisonment of
12 months.

31On Charge 2, you are convicted and sentenced to a term of imprisonment of six months.

32On Charge 3, you are convicted and sentenced to a term of imprisonment of nine months.

33On Charge 4, you are convicted and sentenced to a term of imprisonment of four years.

34On Charge 5, you are convicted and sentenced to a term of imprisonment of
12 months. 

35On Charge 6, you are convicted and sentenced to a term of imprisonment of six months. 

36On Summary Charge 1, you are convicted and fined $500.

37On Summary Charge 11, you are convicted and sentenced to six months' imprisonment.

38On Summary Charge 13, you are convicted and sentenced to three months' imprisonment. 

39The sentence on Charge 4 is the base sentence.  Two months on each of the sentences on Charges 1 and 5, and one month on each of the sentences on Charges 2 and 3, are to be served cumulatively on each other and on the sentence on Charge 4. 

40The total effective sentence is four years' and six months' imprisonment.

41I fix two years and nine months as the period you are required to serve before being eligible for parole.

42I declare that you have served 304 days of this sentence by way of
pre-sentence detention, to be deducted administratively. 

43But for your plea of guilty, I would have sentenced you to a term of imprisonment of six years and six months, with a non-parole period of four years and three months. 

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