Director of Public Prosecutions v Riordan

[2015] VCC 1750

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

AT MILDURA
CRIMINAL JURISDICTION

CR-14-01493

DIRECTOR OF PUBLIC PROSECUTIONS

v

JASON RIORDAN

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JUDGE:	HIS HONOUR JUDGE RYAN
WHERE HELD:	Mildura
DATE OF HEARING:	1 December 2015
DATE OF SENTENCE:	1 December 2015
CASE MAY BE CITED AS:	DPP v Riordan
MEDIUM NEUTRAL CITATION:	[2015] VCC 1750

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D O'Doherty	Solicitor for Office of Public Prosecutions
For the Offender	Mr S Petrovich	Bert Hilton-Wood & Associates

Pages 1 - 4

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HIS HONOUR: 

1Jason Riordan, you came before me yesterday to stand trial on indictment D11365794.  Your matter resolved and today you pleaded guilty to indictment D11365794.1 containing one charge of trafficking in methylamphetamine between 5 May 2013 and 10 May 2013, together with two related summary offences, being Charge 8, use methylamphetamine on 10 May 2013 and Charge 9 on 10 May 2013, fail to store cartridge ammunition. 

2The maximum penalty for trafficking in a drug of dependence is 15 years' imprisonment, while the maximum penalty for each of the related summary offences is 12 months' imprisonment.  You admitted your criminal record, which includes convictions for driving offences and offences of violence and dishonesty but no appearance for drug or firearm related offences. 

3Tendered as Exhibit 1 on the plea was the summary of prosecution opening.  In summary, a telephone interception warrant relating to a man named Faux, drew police attention to you.  The charge on the indictment is based upon telephone calls where you agreed on two occasions to purchase one gram of methylamphetamine from Faux with the intention of on-selling half a gram of methylamphetamine to a purchaser.  One such purchaser is identified in a telephone intercept as "Nackers" and in the background he can be heard to agree to purchase half a gram of methylamphetamine from you. 

4Summary Offence Charge 8 is based on your admissions in the record of interview conducted on 10 May 2013, the day of your arrest.  Summary Offence Charge 9 is based on the results of a search conducted on 10 May 2013 by police that revealed three loose .308 calibre cartridges. 

5You were remanded in custody for 36 days after your arrest.  On release you immediately commenced a process of rehabilitation from your drug addiction.  This process included counselling and regular urine analysis, see Exhibit 1.  As well you participated as a speaker in the Northern Mallee Community Partnership "Ice Project", educating people about the dangers of methylamphetamine or ice.  You ceased this activity because you were advised it might adversely affect your position at trial.  Despite this, you made submissions to and appeared before a parliamentary inquiry, being the Inquiry into the Supply and Use of Methylamphetamine in Victoria. 

6You have completed a Diploma in Drug and Alcohol.  You will participate in another inquiry of the kind referred to earlier and set up under the aegis of the Member for Polwarth.  To my mind you have rehabilitated yourself. 

7You have been twice married and have two daughters from each of those relationships.  Your wife of ten years, Karen, is supportive of you. 

8You were an interstate truck driver who used stimulants to stay on the road.  This led to the use of what was described in a report as methylamphetamine but which I take to be amphetamine and eventually ice.  You soon became addicted to methylamphetamine and this addiction changed you.  It put strain on your marriage and caused you to become estranged from your father.  Since your release on bail you have "mended the fences" with your family and look forward to the future. 

9In 2012 you were involved in a truck accident and you are presently in receipt of Transport Accident Commission payments.  Whilst the nature of your injuries were not detailed, you may yet require surgery before you will be well enough to re-enter the workforce, which is your aim. 

10In respect to Charge 9, you held a firearms licence and in the months prior to your arrest had divested yourself of your rifles and at the time of the search had some ammunition properly stored within your home.  However, three .308 calibre cartridges were found by police loose in your belongings during the search of your home. 

11You have no relevant prior convictions.  You are taken to have pleaded guilty at the earliest opportunity.  You are entitled to the benefits which flow to you from your plea.  You have rehabilitated yourself and have and will continue to contribute to the education of others as to the vices of methylamphetamine.  As a user/trafficker, you agreed to sell small amounts of methylamphetamine on the two occasions.  Your breach of the Firearms Act is at the lowest end. 

12In all the circumstances I sentence you to an aggregate sentence of 36 days' imprisonment. I declare that you have spent 36 days' imprisonment by way of pre-sentence detention. Pursuant to s.6AAA of the Sentencing Act 1991, I declare that but for your plea of guilty I would have sentenced you to 36 days' imprisonment, together with a two year community corrections order with conditions.

13In respect to the application that you had for disposal and ‑ ‑ ‑

14MR O'DOHERTY:  Forensic sample. 

15HIS HONOUR:  Have those forms been prepared? 

16ASSOCIATE:  Yes, Your Honour. 

17HIS HONOUR:  They have.  Then if they could be handed up to me please.  You may come out of the dock please, Mr Riordan.  You are a free man.  If you would sit down behind your counsel please. 

18(At this stage the court proceeded with another matter.) 

19I have made the disposal orders in the terms made - application made by the Crown and I hand those down. Mr Riordan, would you please stand up. I have made an order pursuant to s.464ZF(2) of the Crimes Act that you undergo a forensic procedure, which is a scraping from your mouth.  In order for that to take place and this is rather - expressed in a rather ham-fisted way, in a period of four weeks which commences 28 days from today, all right, so 28 days passed, then within a period of four weeks after that period you are obliged to attend at the Mildura Police Station at 62-68 Deakin Avenue, Mildura for the purposes of this procedure to take place. 

20I have granted the order on the basis that the seriousness of the circumstances of the offending warrant the order, your prior convictions warrant the order, the order was not opposed and the order is in the public interest.  I must advise you that if at the time of request you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted.  You may be seated.  I hand down three copies of that order. 

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