Director of Public Prosecutions v Rinne

[2018] VCC 1116

IN THE COUNTY COURT OF VICTORIA

Revised

(Not) Restricted

Suitable for Publication

AT LATROBE VALLEY

CRIMINAL DIVISION

Case No. CR-18-00821

DIRECTOR OF PUBLIC PROSECUTION

v

HENRY RINNNE

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UDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:
DATE OF SENTENCE:	20 July 2018
CASE MAY BE CITED AS:	DPP v Rinne
MEDIUM NEUTRAL CITATION:	[2019] VCC 1116

REASONS FOR SENTENCE

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Catchwords:      

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APPEARANCES:	Counsel	Solicitors
For the Director	Mr A Moore
For the Accused	Ms K Phair

HIS HONOUR:

1       Henry Rinne, you have pleaded guilty to one charge of cultivating cannabis in not less than a commercial quantity. That crime carries a maximum penalty of 25 years imprisonment. You pleaded guilty at the earliest reasonable opportunity, and you made full and frank admissions to police, other than failing to disclose who the real owners of the crop were, and I accept that your plea is accompanied by appropriate remorse, and you must get the utilitarian benefit of it. The crop has 98 plants and weighed 29 kilograms. It was in a house in Drouin.

2 In this particular situation, I have to sentence you on the basis that you were a crop sitter. Firstly, pursuant to s.464ZF of the Crimes Act, I make an order that you provide a saliva sample for DNA purposes. That order having been made, I advise that should you refuse to provide same, police may use reasonable force to take it from you, and that order is made and handed down.

3       You are now 27 years of age, having been 26 years of age at the time of the offending, and have no prior convictions as I understand it, either here or in Sweden. You are clearly still a young man and your prospects of rehabilitation should be good. You are going to be deported at the conclusion of this sentence, and whilst I only take that into account in the sense that it will make your term of imprisonment more onerous for you knowing that you will be being deported, it takes it no further than that.

4       You obviously have been travelling around the world a bit. You have worked in Sweden. You have very little family. I have seen a reference from your sister. Gaol is the only option in this scenario. I don't think there is much point in going into any of the other details of it all. The matters have been pointed out very clearly by your counsel. I accept those, and in all the circumstances, on the charge of cultivate, I think the appropriate penalty, taking into account punishment, is nine months, and I direct that 186 days be reckoned as having been served under that sentence, which gives about two months for immigration to get their head around him, and pursuant to s.6AAA, I say that but for the plea of guilty, you would have been sentenced to be imprisoned for a period of 12 months.

5       MS PHAIR:  As the court pleases.

6       HIS HONOUR:  All right.

7       MR MOORE:  That concludes that.

8       HIS HONOUR:  All right, thanks for that.  Yes.  Do you need to talk to him before he goes?

9       MS PHAIR:  If I may, Your Honour - - -

10      HIS HONOUR:  Yes, just pop down – just very quickly. Yes.  All right.

11      MS PHAIR:  Thank you for that time, Your Honour.

12      HIS HONOUR:  Yes, thanks. Thanks for that. Thanks, Mr Rinne.

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