Director of Public Prosecutions v Robinson

[2016] VCC 778

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-00677

DIRECTOR OF PUBLIC PROSECUTIONS

v

MATTHEW ROBINSON

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JUDGE:	HIS HONOUR JUDGE GUCCIARDO
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	8 June 2016
CASE MAY BE CITED AS:	DPP v Robinson
MEDIUM NEUTRAL CITATION:	[2016] VCC 778

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr M. Perry	Office of Public Prosecutions
For the Accused	Ms Z. Garde-Wilson	Garde-Wilson Lawyers

HIS HONOUR:

1Matthew Robinson, you have pleaded guilty to one count of trafficking in a drug of dependence, namely methylamphetamine, between January 2014 and 11 September 2014.  At the time of the offending you lived in Wangaratta with your wife and children.  You trafficked drugs and enforced payments for other traffickers such as Jessica Fogarty. 

2The prosecution provided a summary of your offending in a document which was tendered and will remain on the court file.  The prosecution contends that your role lies in the mid-range of offending just below the co-accused, Vincent, Rose and Miller, with whom I have dealt and on the same level as your brother Jamie and some others who are yet to be dealt with.

3You are a drug associate of Short and Fogarty and of the above named.  It is not possible to quantify the amount of drugs trafficked by you and it was made clear that the statements made by co-accused could not provide this value. Their statements, however, do point to the context of your trafficking.  You would sell as well as use drugs, share drugs and you would engage in the type of conduct that usually accompanies trafficking, including intimidation, theft from others, using a TAB wagering account to launder drug money.

4The records for your account revealed in excess of $56,000 cash since April 2013 and during that time in excess of $116,000 was wagered and $35,000 in cash was withdrawn.

5Other instances are outlined in the summary involving one Matt Groves and yourself as well as Todd Sturzaker. Jessica Webster describes the sourcing of drugs by you in August of 2014. 

6I specifically note that some of the events described relate to your association with co-accused in the year 2013 by way of background and that is really the only context in which I use that material in any meaningful form.  Most of the events described relevantly occur in the charged period and concern your involvement in trafficking, including in January 2014 when you advised Fogarty you had $6600 in cash to contribute towards the purchase of ice.

7Also, in January you discussed further sources in Wangaratta with Fogarty and drug debt owed by your brother of some $9000.  In May of 2014, you went to Mulwala to intimidate and seek to get cash for a debt owed by an associate.  In July and August other discussions were heard in relation to travel plans to collect drugs and source some drugs.

8One Peter Collison states you supplied him with an average of 1.75 grams of ice at an average of $650 on weekly basis over a six month period from January 2014.  He would buy drugs directly from you.  He travelled with you to Shepparton on one occasion to buy drugs.  You also sold handguns in May of 2014 and a shotgun to one Neuy in return for ice.

9You knew Fogarty since you were 12 years of age and provided substantial background information regarding your involvement in trafficking.  Co-accused Vincent, who has already been sentenced, also bought ice from you.

10I take your plea into account and will accord your sentence a discount.  I accept that it was made just before committal but nevertheless the sentence will recognise its utilitarian value and as evidence of some remorse or your acceptance of responsibility for your conduct.

11You have priors for an affray and reckless cause injury for which you were fined for in 2007 and an offensive behaviour charge in 2003 for which you were also fined.  You have relevant appearances for criminal offences as antecedents to this sentence about which I was properly informed, including the possession of a long arm in 2015 for which you were fined. More relevantly, in 2014, you were fined for driving offences, possession of ecstasy, methylamphetamine and other drugs and I take these matters as going to your prospects of rehabilitation.

12As I have repeated a number of times, drug trafficking is an evil and socially damaging trade which creates misery and costs in our society in terms of health, law enforcement.  It is destructive of social structures, it erodes family and human relations, it creates waves of consequential crime to name but a few. In an area like a regional centre, this effect is even more enhanced.

13The community looks to the court to denounce such wanton disregard and lawlessness to deter others who are likeminded by the imposition of sentences that reflect just punishment.

14You are now 32 years of age and in your case the offending took place in the context of a drug addiction which does not provide an explanation or an excuse.  That addiction I am told has now ceased.

15You were born in Wangaratta.  Your secondary education ended at Year 11.  You worked in a furniture store for some four years and then worked at Camden Gas where you worked for the next ten years full time.

16In 2005 you met your current partner, Nicole.  In 2006 your first daughter was born and two more daughters were born in 2010 and 2012.  In August 2013 you were made redundant from Camden Gas.  Your drug use is said to have commenced then and this coincides with your brother's addiction as well.

17Just before your arrest, you secured work as a plasterer's apprentice with a plaster company in Wodonga and when arrested in September 2014 you were remanded and worked in the MAP kitchens and completed a release related harm reduction program in November 2015 for which a certificate was tendered.

18You were then upon bail moved to Wodonga to reside in your employer's house, a painter.  Your family moved there in January 2015 to help your rehabilitation.  In April 2015 while playing football, you broke your fibula and screws and a plate were surgically inserted.  In June 2015, you got a new job with Albury demolitions.  This is employment you have kept currently.

19Letters of support were received on your behalf.  A letter was tendered from Barry Walker, a director, who has written of your positive approach to work, to overcome your past and your good work ethic.  Mr Crowse, also employed at Albury demolitions has written in support.  He is a former police officer who attests to your dedicated and assiduous work ethic.

20Another employee, Cowley Crowther, wrote to the court.  He is your football coach and speaks highly of your generosity, remorse and willingness to get your life back on track.  A friend of some 15 years, Steven Nicolini, also wrote that he works with Albury Demolition and writes of your enthusiasm and new found outlook and devotion to your family.

21You have spent a further 130 days in custody for a charge of attempting to pervert the course of justice from October to February 2016.  I accept that this is so-called Renzella time which I take into account in the context of the principle of totality, together with pre-sentence detention time.

22It would appear that you are now drug free and working full time.  I accept that your resolve in terms of work and family appear to demonstrate that you have made an attempt at rehabilitation and reclamation.  I consider your prospects of rehabilitation are good, if you remain drug free.

23I have considered the sentence, particularly in relation to the disposition upon your brother Jamie and other upon those slightly above you with whom I have dealt.

24In your case it is unfortunate that, unlike your brother, your pre-sentence detention time, even when coupled with the time spent in custody for an as yet undetermined charge, only amounts to about just over seven months.  In my view that period is not sufficient for a proper and just sentence in this case.

25In my view, given that incarceration must follow, this must mean that you will have to serve a further term of imprisonment.

26I will attach to that term a community corrections order to be undertaken after the completion of that term.  The community corrections order will be for a period of 12 months and you will perform 250 hours of community work and undergo assessment and treatment for drugs.  I will not impose a supervision condition in your situation.

27Please stand.  On the one trafficking charge, you are convicted and sentenced to 12 months imprisonment.  I declare that you have served 94 days by way of pre-sentence detention.

28At the end of that period, you will be subject to the community corrections order which I just announced.

29But for your plea I would have sentenced you to two and a half years with an 18 month minimum.  I have signed 464 orders in relation to Mr Robinson.  Are there other ancillary orders?

30MR PERRY:  No, Your Honour.

31HIS HONOUR:  Mr Robinson, I have signed an order which says that a request will be made of you for a forensic procedure.  It will be a scraping of the mouth, and it is not a painful procedure.  If at the time that request is made you do not consent, an authorised police officer is empowered to use reasonable force to obtain a blood sample from you.  Do you understand?

32OFFENDER:  Yes.

33HIS HONOUR:  I will sign that order.

34MS GARDE-WILSON:  Thank you, Your Honour.  Just for the court record, in relation to Renzella time, we apply to put on the record the number of days that you have taken into account just for future reference ‑ ‑ ‑

35HIS HONOUR:  I have taken all of those days into account in arriving at the sentence that I have.

36MS GARDE-WILSON:  Thank you, Your Honour.

37HIS HONOUR:  Yes.  Mr Robinson has to be removed but I will remain on the Bench and he needs to sign the CCO papers.  If family members want to approach him they can, while I am on the Bench.  Thank you, Ms Garde-Wilson.  Thank you, Mr Perry.