Director of Public Prosecutions v Sananikone
[2024] VCC 1269
•21 August 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-22-02132
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SOUTHSADA SANANIKONE |
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JUDGE: | Harper | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 25 July 2024 | |
DATE OF SENTENCE: | 21 August 2024 | |
CASE MAY BE CITED AS: | DPP v Sananikone | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 1269 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Trafficking in a drug of dependence; wilful blindness
Legislation Cited: Sentencing Act 1991(Vic)
Cases Cited:R v Verdins (2007) 16 VR 269
Sentence: 90 days imprisonment and 12-month CCO with conviction.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr. T. Danos | Ms. A. Hogan, Solicitor for Public Prosecutions |
| For the Accused | Ms. K. Argiropoulos with Ms. R. Khan | Law and Advocacy Centre for Women |
HER HONOUR:
1Southsada Sananikone, on 26 March 2024, you were found guilty by jury verdict of a single charge of trafficking in drugs of dependence, the maximum penalty for which is 15 years imprisonment.
Circumstances of the offending
2I will outline the circumstances of the offending for which you are to be sentenced.
3Between 17 January and 23 February 2022, you lodged a number of express post parcels at various post offices on 7 occasions on behalf of your daughter Mimi Sananikone.
4Mimi was operating a high-level drug trafficking business from the home you lived in with her in Barkly Street, Hughesdale.
5On 17 January 2022, you lodged a number of packages at the Darling Post Office by handing them to the post office employee over the counter. One of these packages contained 60.3g of methylamphetamine.
6On 24 January 2022, you lodged a number of packages at the Oakleigh South Post Office, one containing 35.22g of methylamphetamine.
7On 9 February 2022, you lodged 37 packages at the Oakleigh South Post Office, containing various quantities of methylamphetamine, amphetamine, cocaine, MDMA, opium, ketamine, testosterone and unidentified tablets.
8On 18 February 2022, you lodged 40 packages containing various quantities of various drugs at the Darling Post Office.
9On 21 February 2022, you lodged 89 packages containing various quantities of various drugs at the Darling Post Office.
10On 22 February 2022, you lodged 50 packages containing various drugs in varying quantities at the Oakleigh South Post Office.
11On 23 February 2022, you lodged a further 37 packages at the Murrumbeena Post Office containing a variety of drugs in various quantities.
12Taking into account all the packages you lodged at the various post offices, you sent the following total amounts of various drugs as intercepted by police:
(a) Methylamphetamine: 135.72g
(b) Amphetamine: 194.99g
(c) Cocaine: 223.5g
(d) MDMA: 233.6g
(e) Opium: 29.29g
(f) Ketamine: 88.11g
(g) Testosterone: 370ml
(h) Heroin: 5.75g
13The packages lodged all had a typed address label while the sender details were blank. Your lodging of the packages was captured on CCTV inside the various post office outlets. You also purchased a large number of empty post envelopes while you were at the post offices.
14You and Mimi were intercepted by police in her vehicle on 23 February 2022 and arrested. You were interviewed by police that day.
15Mimi was ultimately sentenced to 17 years and 8 months imprisonment on State charges and 4 months imprisonment on Commonwealth charges.
16The jury in your matter were directed that they could find you guilty of the charge if they were satisfied beyond reasonable doubt that you either:
(a) Knew the packages contained drugs; or
(b) Reasonably suspected the packages contained drugs; or
(c) Were wilfully blind that the contents of the packages were drugs.
17Consistent with the authorities, and as conceded by the prosecution, I must therefore sentence you on the basis that you were wilfully blind that the contents of the packages were drugs. This is the most favourable outcome to you arising from the jury verdict.
Objective gravity and remorse
18You posted some 255 packages over 7 occasions in a 5-week period. I accept this was at the instigation of your daughter Mimi who packaged the drugs and on 3 occasions drove you to the post office in question. Nevertheless, it was a significant number of packages and a substantial quantity of the various substances, albeit in all but one case, under the individual commercial quantity.
19Your counsel describes you as having the role of a ‘courier.’ This seems accurate, given you had no other role in sourcing or packaging the substances. Your position in the hierarchy was low but it was an important aspect of distribution in Mimi’s drug trafficking empire.
20You did not receive a financial gain for your offending and from the photographs of your home it could not be said that you were living a life of luxury.
21While you maintain that you were oblivious to sending drugs in the post, I note a level of regret if not remorse and that you wish to apologise to the community and the government of Australia.
22It was unreasonable for you to think that your actions were not linked to illicit goings on, but I accept that you had no actual knowledge of the contents of the packages you sent through the post.
Personal circumstances
23I turn now to your personal circumstances.
24You are now 79 years of age, having been born in September 1944 in Vientiane, Laos. You were 77 at the time of the offending.
25You were educated until about year 8 in Laos and left school to help your mother.
26You were married in 1974 or 1975 and had your first child, your daughter Mimi, in 1979. When she was 11 months old, you left Laos for Thailand as a refugee, later arriving in Australia in 1982 with your husband and child.
27You lived in Melbourne before moving to Wodonga for 15 years where you worked in a denim factory. Your son Tony Sisouk was born in 1987.
28After enduring a turbulent marriage, you left your husband and moved to Melbourne in about 1996. You worked in a chocolate factory to support your children. You have not been in any subsequent relationships.
29You were living with your daughter Mimi at the time of the offending. As I have indicated, she is now serving a lengthy period of imprisonment and you currently live with your son Tony.
30You are a practising Buddhist and have been shamed by the local Buddhist community since being charged.
31I received a report from clinical psychologist Alison Mynard who assessed you on two occasions in May 2024.
32Ms Mynard opines that while “it is unclear as to whether [you] experienced any psychological symptoms at the time of the offending” … “now, you are suffering from high levels of anxiety, stress and [you] have severe depression. This is an adjustment disorder, which has escalated from the time of [you] being charged, remanded and during the court process.”
Sentencing factors and considerations
33This matter has involved a significant delay and has been hanging over your head for some time. You were arrested in February 2022. Your trial was first listed in November 2023 but did not proceed, through no fault of your own. After further attempts, your trial ultimately proceeded in March 2024. You now fall to be sentenced, after reports were obtained, in August 2024. I take this delay into account.
34You served 3 months imprisonment on remand in Covid conditions which I accept were more far more onerous than prison conditions are now.
35Ms. Mynard’s report concluded that “[Your] mental health issues of anxiety and depression and [your] extremely low cognitive functioning will mean that [you] will struggle to cope in custody” … “it is likely that [your] mental health will deteriorate in custody, and you may likely become more anxious, depressed and confused, struggling to comprehend information and communicate with others.”
36I accept that prison would be more onerous for you than for someone without your current mental health issues. You are also vulnerable by means of your age and your minimal English language skills.
37Ms Argiropoulos submitted on your behalf that R v Verdins (2007) 16 VR 269 principles 2, 3, 5 and 6 apply in your case. I accept that your test results returned an outcome of low intellectual functioning, and that imprisonment would, as I have said above, weigh more heavily on you than on someone in normal health.
38I consider that general deterrence, while still having some role to play, is reduced in your case, your mental functioning meaning you are not a wholly appropriate vehicle for general deterrence. Others who fail to enquire as to the nature of clearly illicit activity must be made aware that such conduct will result in terms of imprisonment.
39Specific deterrence has a limited role to play. You have no prior convictions and are of previous good character. Now that your daughter is in custody for such a long period, I consider there to be very little chance of your reoffending under her lead. Your prospects of rehabilitation are excellent.
40I must also consider just punishment and denunciation.
41While your daughter Mimi received a substantial term of imprisonment for her drug trafficking enterprise, I do not consider parity to be a relevant consideration given the very low level of your involvement.
42At the urging of both your counsel and the prosecution, I had you assessed for a Community Corrections Order. You again reported struggling with feelings of stress, anxiety and sleep deprivation due to these matters but stated that you intend on completing good deeds, visiting temples regularly and giving back to the community.
43Both parties submitted that a combination sentence that did not require you to serve any further period in custody would be within range.
Disposition
44On charge 1, trafficking in drugs of dependence, you are sentenced to 90 days imprisonment and a 12-month Community Corrections Order. The order shall be with conviction and will include the following conditions;
(a) You are to present at Moorabbin Community Corrections Service within 2 working days of today;
(b) You are to complete 50 hours of unpaid community work; and
(c) Undergo assessment, treatment and rehabilitation for mental health, 25 hours of which may be credited towards the unpaid community work hours
45I declare that you have served 90 days by way of pre-sentence detention, pursuant to s.18 of the Sentencing Act 1991 (Vic).
46I note there are no ancillary orders.
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