Director of Public Prosecutions v Santanoceto

[2015] VCC 934

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR-14-02133
CR-14-02134
CR-14-02139

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

v

GIANNI ORAZIO SANTANOCETO
BENJAMIN JOEL LONGLEY
ASHLEY RONALD KING

---

JUDGE:	HIS HONOUR JUDGE LACAVA
WHERE HELD:	Melbourne
DATE OF HEARING:	16 April 2015
DATE OF SENTENCE:	7 July 2015
CASE MAY BE CITED AS:	DPP v Santanoceto & Ors
MEDIUM NEUTRAL CITATION:	[2015] VCC 934

REASONS FOR SENTENCE
---

Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

---

APPEARANCES:	Counsel at Sentence	Counsel at Plea
For the Commonwealth Director of Public Prosecutions	Ms H. Rountos	Ms F. Holmes
For Accused Santanoceto	Ms N. Valos	Mr R. Van de Weil QC
For Accused Longley	Ms N.D. Kaddeche	Ms N.D. Kaddeche
For Accused King	Mr C.N. Nikakis	Mr J. Miller

HIS HONOUR:

1Each of you has pleaded guilty to a number of offences.

2In your case, Santanoceto, you have pleaded guilty to two charges of importing a marketable quantity of a border controlled precursor, namely pseudoephedrine (Charges 1 & 2).  The maximum penalty for this offence is 15 years' imprisonment and/or a fine of $153,000.

3You have also pleaded guilty to a charge of failing to comply with an order made by a magistrate using the power contained in sub-s.3LA(2) of the Crimes Act 1914 (Cth) (hereafter “the Act”) (Charge 3).  The maximum penalty for this offence is two years' imprisonment.

4Each of the charges that you, Santanoceto, have pleaded guilty to are Federal offences and the sentencing of you must be in accordance with the provisions of the Act.  Importantly, s.16A(1) of the Act provides that a court must impose a sentence that is of a severity appropriate in all the circumstances of the offence and s.16A(2) sets out a non-exhaustive list of factors that a court must take into account that are relevant and known to the court.

5You, Longley, have pleaded guilty to seven charges some of which are State offences as well as Federal offences.  You pleaded guilty to three charges of importing a marketable quantity of a border controlled precursor, namely pseudoephedrine (Charges 1, 4 & 5) and one charge of opening a bank account with a cash dealer in a false name (Charge 2) for which the maximum penalty is two (2) years' imprisonment and/or a fine.  Each of these offences is a Federal offence.

6You have also pleaded guilty to State offences, namely one charge of using a false document (Charge 3) for which the maximum penalty is ten (10) years' imprisonment, one charge of possession of a drug of dependence, testosterone (Charge 6) .  Where the possession is not related to trafficking the maximum penalty for this offence is imprisonment for one (1) year.  The prosecution concedes the possession of the testosterone was not for a trafficking purpose.  You also pleaded guilty to one charge of having a false document under your control (Charge 7) for which the maximum penalty is ten (10) years' imprisonment.

7You, King, pleaded guilty to two Federal charges of importing a marketable quantity of a border controlled precursor, namely pseudoephedrine
(Charges 1 & 2) and one State charge of possession of a drug of dependence, methylamphetamine (Charge 3).  The prosecution concedes the possession of the methylamphetamine was not for a trafficable purpose. 

8The circumstances of the offending of each of you are contained in a written prosecution opening which was tendered in evidence and read in open court by the prosecutor, Ms Holmes.  That opening was accepted by each of your counsel as being accurate and as forming a proper basis upon which I can proceed to pass sentence.  It is not necessary that I here repeat what is there set out except in a summary way.

9On 22 August 2013 you, Longley, collected a package addressed to James Henson from Australia Post at South Yarra.  At the time you were under surveillance and you were recorded on closed circuit television.  The surveillance showed that you were then in the company of Santanoceto and his partner, Emma Wright.  The package contained pseudoephedrine.  Although there is no evidence of the quantity of the drug contained in the package you concede it contained a marketable quantity of at least 3.2 grams and it was imported into Australia.  (Charge 1 on the Longley indictment)

10Eight months later, on 8 April 2014, you, Santanoceto, and your partner, Wright, flew to Hong Kong.  The 8 April 2014 was the day after your parole on prior convictions ended.  There followed a number of text messages to a mobile phone utilised by you, Longley, and which implicated you, King.  The messages also revealed contact being made between you, Longley, and you, Santanoceto.

11On 24 April 2014 a second package despatched from Hong Kong, addressed to James Henson, was intercepted by authorities at Tullamarine Airport.  The package contained pseudoephedrine mixed with powder in two tins with a total mixed weight of 1,023 grams.

12On the same date a third package, addressed to Stephen Lonie, was also intercepted by authorities at Tullamarine Airport.  The package contained pseudoephedrine mixed with powder in two tins with a total mixed weight of 1,012 grams.

13Arrangements were then made for a controlled delivery of these two packages. 

14Apart from Charge 1 on your indictment, Longley, the charges that follow in relation to importation of a border control precursor are laid, and pleaded to, on the basis that the three of you were engaged in a joint criminal enterprise and each of you had knowledge of the plan to import pseudoephedrine into Australia from Hong Kong by post on or about 24 April 2014.

15You, Longley, collected the Henson package in the foyer of 35 Malcolm Street, South Yarra.  (Charge 4 in the Longley indictment; Charge 1 on the King & Santanoceto indictments).  You also had knowledge of the Lonie package being delivered on that day to King.

16You, King, took delivery of the Lonie package at 227 Settlement Road, Cowes.  (Charge 5 on the Longley indictment; Charge 2 on the King & Santanoceto indictments).  You also had knowledge of the Henson package being delivered on that day to Longley.

17You, Longley, were arrested immediately after you took delivery of the Henson package.  You were searched.  You had in your possession three mobile phones and a wallet which contained a Victorian Driver's License in the name of Stephen Ellic with a photograph of yourself on it.

18When your premises were searched later in the day a further driver's license in the name of James Henson was located and other documents for Stephen Ellic including an ANZ Bank Card, three further mobile phones, several sim cards, several computers and a small vial of testosterone.  (Charge 6 on the Longley indictment)  The Henson license was false.  (Charge 7 on the Longley indictment)

19Later checks in relation to the ANZ Bank Card in the name of Stephen Ellic showed this account was opened by you in November 2013 at the ANZ Bank in Bendigo by use of false identification.  (Charges 2 & 3 on the Longley indictment).

20You, King, were also arrested immediately after you took delivery of the Lonie package at Cowes.  Your Cowes address was searched and you had in your possession two small snap lock bags that contained traces of methyamphetamine and other drug paraphernalia.  (Charge 3 on the King indictment)

21You, Santanoceto, were arrested on 8 July 2014.  When arrested you were found to have in your possession a blackberry mobile phone but you refused to provide investigators with the password to turn the phone on.  Investigators obtained a warrant from a magistrate to compel you to provide the password and after this was explained to you, you provided them with an 18 digit code and insisted that it be put into the phone six times.  Investigators inserted the code but it did not open the phone.  They did not insert the code you provided six times because this would have resulted in all data on the device being deleted which I am satisfied is a result that you endeavoured to achieve by what you told the investigators.  This was a clear attempt to frustrate the investigation and destroy evidence.  (Charge 3 of the Santanoceto indictment).

22Analysis of some of the mobile phones seized shows the three of you in communication on the 28 April, being the day the Henson and the Lonie packages were delivered.  The evidence that the three of you were engaged in a joint criminal enterprise is strong although I am satisfied that you, Santanoceto, played the major role and you, Longley, a lesser role and you, King, an even lesser role and this is reflected in the sentences that I will shortly pass.

23The contents of the Henson and Lonie packages were later analysed.  The pure weight of the pseudoephedrine in the Henson package was 306.9 grams and there was 303.6 grams in the Lonie package.  The total weight of these two packages was 610.5 grams.

24The offences of importation of the precursor pseudoephedrine are each serious examples of what is a serious offence and the sentence I impose needs to reflect this.  The offending was planned and fairly sophisticated and the quantity of the pure precursor well above the marketable quantity.  A number of steps were taken to avoid detection.

25The plea for you, Santanoceto, was conducted on the basis that this was simply importing chemicals from which others would make drugs.  The conduct of each of you in this enterprise cannot in my opinion be treated in such simplistic terms.  Your purpose in carrying out the Federal offences of importing was to make money from the illicit drug trade that destroys the lives of so many individuals and their families in this country.  Without a supply of chemicals those who make drugs in a clandestine way would not exist.  It is offending such as this that allows those who ultimately make the drugs to be able to do so.  Offending of this kind takes up a considerable amount of police resources to detect and prosecute.

26You have each pleaded guilty to the charges and for that each of you is entitled to a reduction in sentence.  By your pleas each of you has saved the time and cost of what might have been a reasonably lengthy and costly committal and trial or trials. 

27You, King, and you, Longley, were arrested on 28 April 2014 and each of you has been on remand since that time.  There was a contested committal booked in for a hearing on 5 December 2014 at which you, King, and you, Longley, agreed to plead guilty and you were committed on the basis of a straight hand up brief. 

28You, Santanoceto, had your counsel cross examine the informant and your counsel made submissions but shortly after that you too agreed to plead guilty to the charges.

29For sentencing purposes I treat each of you as having agreed to plead guilty at the earliest opportunity.  That was a sensible decision on the part of each of you because the prosecution case was strong but it does not diminish the reduction in sentence that each of you is entitled to receive. 

30I also treat the pleas of guilty by each of you as clear evidence of remorse.

31I turn to the background circumstances of each of you, dealing first with you, Santanoceto.

32You were born on the 18 June 1987 and you are now 28 years of age.  Although still relatively young you have a number of prior convictions from six previous court appearances.  Some of those prior convictions relate to small scale dishonesty offences.  However, in November 2009 you were convicted in the Supreme Court of Queensland of trafficking in dangerous drugs and supplying dangerous drugs and possession of property suspected of being the proceeds of a drug offence.  You were sentenced to a total effective sentence of four and a half years' imprisonment and you were eligible for parole in early April 2011 after 18 months.  It was the parole from this offending that concluded the day before you travelled to Hong Kong.

33Mr van de Wiel QC, who appeared as your counsel, told me about your difficult family background.  I was told and accept you were brought up in a household where your father drank alcohol to excess, engaged in gambling to excess and he was violent towards your mother.  On occasions you witnessed this violence.  You were diagnosed as suffering from Attention Deficit Disorder at a young age.

34Your parents separated when you were aged around 14 and you were left in the care of your father, and your mother left with your younger brother.  You remained with your father until you were aged around 18.  I accept your father was the wrong role model for you.  You left school at around the age of 15 without any work skills and in a background where you were already a drug user.  You were thrown out of home by your father when you were around 18 but in recent times you have reached what was described as a “rapprochement” with him.

35You attended primary and secondary schooling in Marymount in Queensland where you progressed academically in a satisfactory manner but your ADD meant you had disciplinary problems.  In secondary school you self-report being bullied and your behavioural problems became worse.  You were suspended on multiple occasions.  You completed year 12.  After this you commenced studying an electrical course at TAFE but you discontinued this when you were thrown out of home by your father and you have not returned to any formal form of vocational training.  Your work history is patchy.

36When you were released on parole in about 2011 you came to Victoria planning to be a carer for your parents.  You borrowed $200,000 from your uncle to set up a used car business but you met the wrong people and again commenced using drugs and drinking alcohol to excess.  This offending soon followed.

37I received into evidence a psychological report from Patrick Newton which I marked as Exhibit S1 on the plea.  He saw you at the Metropolitan Remand Centre on 10 March 2015 for that purpose.  Mr Newton’s first impression of you was that of a “relatively immature and unsophisticated man.”

38You have been in a relationship with Emma Wright since 2012.  You told
Mr Newton, and I accept, you kept your drug use from her for some time but your continued drug use adversely affected your relationship with her.  You have recently become engaged and you told Mr Newton that Ms Wright will not tolerate a relapse back into drug use and that this is a significant motivator for you to change your life and become drug-free.  However, I note Ms Wright accompanied you to Hong Kong from where the precursor was sent and I note that she was in the company of you and Longley when he collected the first package that is the subject of his first charge.  There is no evidence to suggest she had knowledge of what you and Longley and King were up to.

39You told Mr Newton of a lengthy history of substance abuse from age 13 including alcohol and drugs.  You have mainly used methylamphetamines, cocaine and amphetamines.  That drug use affected your employment and your relationships and family and resulted in drug related offending.  You have now been on remand for nearly a year and I accept you have remained drug free during that time.

40You also told Mr Newton of a gambling problem exacerbated by your drug use.  You also told Mr Newton you were motivated to this offending to make money to repay drug and gambling debt.  No evidence was given as to how much money you stood to receive.

41Mr Newton opined that you are experiencing heightened anxiety and depressive symptoms as a result of being on remand and with this ongoing prosecution.  You apparently told him of having what he described as transient suicidal ideation.  He thought you suffer from an adjustment disorder and depressed mood.  He also thought you suffer from a drug and gambling addiction.  You expressed to Mr Newton a strong desire to rid yourself of drugs once and for all and this is to your credit.  Whether or not you succeed is entirely a matter for you.  Mr Newton was of the opinion, which I accept, that your rehabilitation is dependent upon you receiving proper counselling and treatment for your substance abuse and gambling addiction.  You probably will not receive that in prison but you must seek it out when released.  Again that is up to you.

42It was not submitted that you suffer from any mental illness that should influence the kind of sentence I impose or that you would find a term of imprisonment more burdensome because of any mental illness.

43I read a letter which you wrote to me in which you expressed your remorse for what you have done and the trouble it has caused your family and partner.  I accept you are remorseful and that is why (in part) you have pleaded guilty.  I accept you have good family support and that I hope will help to rehabilitate yourself, but you had these supports in the past.  Ms Wright went with you to Hong Kong that day after your parole ceased.  The best I can say is that you have expressed a strong desire to change but because of your past any prospects for a full rehabilitation must remain guarded.

44I received a number of written references from family and friends.  All speak well of you but acknowledge your problem with drugs.  In passing sentence I have taken each of the references into account.  That evidence gives me some comfort that you will have support if you want it when released, but the onus is not on friends and family to reform you but for you to reform yourself.  You are still relatively young and will still be fairly young when released from prison.  You can still make a worthwhile contribution to society.  Whether or not you do is a matter for you to do something about.

45Whilst in custody you have completed a number of courses available to you.  That is also to your credit and will assist hopefully in your rehabilitation.  I have also taken these various certificates into account.

46Your mother, Maria Santanoceto, gave evidence that confirmed what I have been told of your early life.  She described the family as dysfunctional and she confirmed your troubles with ADD at primary school.  She described you as a caring person who, given the right guidance and direction, would make a worthwhile contribution to the community.  She also told me of your fiancé, Emma Wright, whom she described as a caring, lovely young woman and of your plans for a future together.  Your mother’s evidence was impressive and genuine.

47Mr van de Wiel accepted that a term of imprisonment was called for in your case but be asked me to combine a community corrections order with conditions as an alternative to a straight sentence of imprisonment.  I have given a lot of consideration to the matters raised and in the end I have reached the view that a community corrections order is not an appropriate disposition here.  Your offending is too serious and your history too relevant.  You ought to have learned from past experience but you have not done so.  The prosecution submitted your offending here involved, as it did, going to Hong Kong and preventing the full investigation of your mobile phone means you should be regarded as the most serious offender out of the three.  I accept that submission and it is reflected in the sentence I will shortly pass. 

48You have been given ample opportunity in the past to rehabilitate yourself, including a lengthy period on parole in Queensland but you have not taken the opportunity you have been given.  In your case the sentence imposed must reflect both general and specific deterrence and denounce your offending.  The sentence I will soon pass I think fairly reflects application of these principles.

49I turn to you, Mr Longley.  You were born on 30 May 1984.  You are now aged 31 and you too are fairly young.  You have admitted prior convictions from previous matters not here relevant.  You have not been to prison before.

50Your offending was spread over a period of some eight months.  You picked up one of the consignments in 2013 where the pure weight is not known.  Your counsel described that charge as ‘weak’ but you have pleaded guilty to Charge 1.  You collected a second consignment eight months later and you knew of the other as well.  Your counsel also submitted, and I accept, your motive was financial.  I accept that but it does not mitigate the sentence in my view.  I accept your culpability was lower than Mr Santanoceto and this is reflected in my sentence.

51You are the father of four children.  Two are in Queensland and two are with your partner, Brittany.  I was told and accept that your incarceration on remand has meant hardship for your partner and your family because of your absence.  That is almost always the position whenever a person is gaoled for offending.  Any hardship to your family here does not, in my opinion, result in any extraordinary or exceptional hardship such that any sentence to be imposed should be reduced.

52Your counsel submitted that because the two consignments, the subject of Charges 4 and 5 on your indictment, were on the same date there should be concurrency of the sentence.  I will give some concurrency but I must also have regard to the fact that the quantity of the imported chemical found in each consignment and the total quantity imported in the two packages impacts the level of offending.  Your counsel submitted I must have regard to proper application of the principle of totality.  I agree with that submission and the sentence I will impose on you properly reflects that principle. 

53The State charges are not related to the Federal charges but, of themselves, are serious enough for a low level sentence to be imposed.

54Like Mr van de Wiel, your counsel also asked that I release you on the basis of time already served as well as imposing a community corrections order with conditions focused towards rehabilitation. 

55But as in the case of Mr Santanoceto I have rejected that submission.  This offending was motivated by the prospect of making money but it was not influenced by your drug addiction.  The offending was too well planned and sophisticated to be explained by drug addiction.  With the sentence that I will impose you will still have some further time to serve before being released on a recognizance release order.

56I admitted into evidence a psychological report from Warren Simmons who saw you for that purpose at the remand centre on 1 April 2015.  You impressed him as being of above average intelligence and articulate.

57You were brought up in Dandenong and moved to Queensland aged ten.  Your family was not well off financially.  Your mother is aged 56 and in poor health suffering from emphysema.  I received into evidence medical reports confirming this.  Your father is aged 58 and is in receipt of a disability support pension.  Your parents are still together.  You have an older sister and a brother aged 24 who is autistic and not able to live independently.

58You attended 13 different primary schools and your education appears to have been somewhat fragmented.  You completed Year 12 at school but did not pass.  You have worked as a labourer in the building industry but have had long periods without work.

59You formed a relationship with a woman when aged 17 and have two children of that relationship.  You described that relationship to Mr Simmons as ‘toxic’.  The relationship ended in 2011 when you would have been aged about 27.  For the last three years you have been in a relationship with Brittany Donnelly and you have two children with her.

60You are also an illicit drug user which seems to have progressed over your adult life to injecting methylamphetamines in 2011.  You told Mr Simmons, and I accept, you engaged in this offending purely for financial gain.  As with Mr Santanoceto, whether or not you can be rehabilitated depends upon your motivation to reform yourself.  You probably would benefit from counselling for drug and alcohol use when you are released from prison.

61I received into evidence a number of references from family and friends each of which speaks highly of you.  Each of them makes the point that this offending came as a surprise to them and that you appear to have learned your lesson from this offending and the charges and incarceration.  I am not convinced that you played an important role on a daily basis in caring for your parents or assisting with the care of your younger brother.  I accept you do love and care for them but not to a degree where your incarceration has meant extraordinary or exceptional hardship to them.

62However, the fact you have family support assists me in forming the view that your chances for rehabilitation will be enhanced because of that fact.

63You too have used your time on remand well completing a number of courses which hopefully will assist you on release.  I received into evidence a number of certificates evidencing your completion of those courses as well a number certificates of urine screening showing you are presently drug-free.  The signs are there that you intend to do something about your life.  Whether you do so is up to you.  I have taken all of these matters into account.

64I turn to you, Mr King.  You were born on 7 May 1977 and you are now aged 38 years.  You have a long criminal history from ten court appearances between 1995 and 2013 when you received a suspended sentence for drug and dishonesty offences.  That offending occurred not long before this offending.  You have been breached on that sentence and have now served that sentence with 61 days of the time you have been on remand reckoned as having been served of the suspended sentence. 

65Your other prior convictions mostly are for dishonesty and drug offences.  Most relevantly however, you were convicted in this court in November 2009 of trafficking in a drug of dependence in a commercial quantity and another count of trafficking.  You received what would appear to have been a lenient sentence of three years with a minimum of one year on those charges but you appear not to have learned any lessons from that. 

66In sentencing you I must have regard to proper application of both general and specific deterrence. 

67I was told that your role in the offending of importation was lesser than that of Santanoceto and/or Longley.  The prosecution accepted you played a lesser role, nevertheless you knew of both packages and you have pleaded guilty to the two charges.  I was told you were to receive only $1,000 for what you did.  The prosecution did not dispute that.  In sentencing you I do so on the basis that although you knew of both packages and you were involved in a joint criminal enterprise with the other two, your active role was limited to receiving and presumably passing on the Lonie package received by you at Phillip Island.

68I received into evidence a report from psychologist, Jeffrey Cummins, who saw you on 29 March 2015.  He said that you do not present as having any personality disorder.  He noted your criminal record which he said is reflective of long term antisocial behaviour in conjunction with chronic drug use. 
Mr Cummins took a detailed history from you all of which I have had regard to. 

69You are in a relationship with a woman, Renee Croughan, and together you have a young child.  You have other children from a previous relationship.  Your parents separated when you were 12.  You were educated in Scoresby and Ferntree Gully High School to Year 10 level.  You did an apprenticeship in carpentry before being retrenched and since have had a variety of jobs in fencing, as a diesel mechanic and restoring trailers.  You have worked whilst on remand and you have gained certificates for completing a number of courses all of which hopefully will assist you upon your release.

70You are a drug addict.  You commenced with cannabis aged 12 and by age 16 you were regularly using amphetamines and you have been a chronic methylamphetamine user from age 30.  Whilst on remand you appear to have remained drug-free.  I admitted into evidence a number certificates of negative urine sampling.  All of that is to your credit and I have taken it into account.

71You have been in custody since 28 April 2014 and 61 days of that time is reckoned as having been served of the suspended sentence that was restored on 13 August 2014 at the Melbourne Magistrates Court.  As at
16 April I was told that you had completed 259 days pre-sentence detention and you have now completed 344 days pre-sentence detention.

72In sentencing you, although your role was the lesser of the three of you, the sentence to be imposed is influenced by the fact of your involvement in these crimes in a background of a number of serious prior convictions and where you have previously received dispositions designed to give you the chance to rehabilitate yourself and you have not taken advantage of those dispositions.  For these reasons, in my opinion, a community corrections order is not an appropriate disposition for you.

73Dealing first with you, Mr Santanoceto.

74On Charge 1, you are convicted and sentenced to a term of imprisonment of two (2) years.

75On Charge 2, you are convicted and sentenced to a term of imprisonment of two (2) years.

76On Charge 3, you are convicted and sentenced to a term of imprisonment of one (1) year.

77I direct that the sentence imposed on Charge 1 commence this day.

78I direct that the sentences imposed an Charges 2 and 3 each commence
18 months after the commencement of the sentence imposed on Charge 1 making a total effective sentence of three and a half years' imprisonment.

79I direct that you be eligible for release on parole after you have served a minimum term of two years and four months of the sentences imposed this day.

80I declare that there has been 364 days pre-sentence detention and that 364 days be reckoned as having been already served of the sentences passed this day and deducted administratively.

81For the purposes of s.6AAA of the Sentencing Act 1991 I state that had it not been for your pleas of guilty to the charges I would have imposed a total effective sentence of four and a half years and I would have imposed a minimum term of three years before you would have been eligible for release on parole.

82Dealing with you, Longley, and dealing first with the State charges:

83On Charge 3, you are convicted and sentenced to a term of imprisonment of six (6) months.

84On Charge 6, you are convicted and sentenced to a term of imprisonment of one (1) month.

85On Charge 7, you are convicted and sentenced to a term of imprisonment of six (6) months.

86The total sentence imposed on the State charges is six (6) months' imprisonment. 

87Dealing with the Federal charges:

88On Charge 1, you are convicted and sentenced to a term of imprisonment of one (1) year.

89On Charge 2, you are convicted and sentenced to a term of imprisonment of six (6) months.

90On Charge 4, you are convicted and sentenced to a term of imprisonment of two (2) years.

91On Charge 5, you are convicted and sentenced to a term of imprisonment of two (2) years.

92I direct that the sentence imposed on Charge 4 commence when the sentences imposed on the State charges (Charges 3,6 & 7) are complete.

93I further direct that the sentences imposed on Charges 1, 5 and 2 each commence six (6) months after the commencement of the sentence imposed on Charge 4 making a total effective sentence of three (3) years' imprisonment.

94I declare that there has been 435 days pre-sentence detention and that
435 days be reckoned as having been already served of the sentences passed this day and deducted administratively.

95For the purposes of s.6AAA of the Sentencing Act 1991 I state that had it not been for your pleas of guilty to the charges I would have imposed a total effective sentence of four years' imprisonment and I would have imposed a minimum term of two years and eight months before you would have been eligible for release on parole.

96I direct you be released on a recognizance release order upon completion of 18 months of the sentences imposed this day on the Federal charges, that is Charges 1, 2, 4 & 5.

97Dealing with you King:

98On State Charge 3, you are convicted and sentenced to a term of imprisonment of one (1) month.

99On Charge 1, you are convicted and sentenced to a term of imprisonment of two (2) years.

100On Charge 2, you are convicted and sentenced to a term of imprisonment of two (2) years.

101I direct that the sentence imposed on Charge 1 commence upon the completion of the sentence imposed on Charge 3 and that the sentence imposed on Charge 2 commence five (5) months after the commencement of the sentence imposed on Charge 1 making a total effective sentence of two and a half years' imprisonment.

102I declare that there has been 344 days pre-sentence detention and that
344 days be reckoned as having been already served of the sentences passed this day and deducted administratively.

103For the purposes of s.6AAA of the Sentencing Act 1991 I state that had it not been for your pleas of guilty to the charges I would have imposed a total effective sentence of three and a half years and I would have imposed a minimum term of two years and four months before you would have been eligible for release on parole.

104I direct you be released on a recognizance release order upon completion of 17 months of the sentences imposed this day on the Federal charges, that is Charges 1 and 2.

105(Recognisance release order signed and acknowledged.)

106Are there any questions arising out of that from counsel?

107OFFENDER:  Yes, we were not too sure, Your Honour, exactly how much imprisonment we have.

108OFFENDER:  We a little bit confused on the (indistinct words).

109HIS HONOUR:  I can understand why you would be confused.

110OFFENDER:  Yes.

111HIS HONOUR:  I suggest you write to the Prime Minister because it has to do with the Federal law, but.

112OFFENDER:  Can you tell us the numbers?

113HIS HONOUR:  You will have to be given the exact numbers by the Corrections people, but the way I have calculated it you each have - well
Mr King in particular does not have all that long more to serve, but the Corrections people will calculate the numbers for you.

114OFFENDER:  Thank you, Your Honour.

115MR NIKAKIS:  In relation to that, Your Honour, would it be best to explain it, using Mr King as an example, a total of two and a half years' imprisonment starting today with a recognisance release order of 17 months, less the
344 days PSD.

116HIS HONOUR:  Correct.

117MR NIKAKIS:  Thank you.

118MS  ROUNTOS:  Your Honour, I will need some time to ensure the calculations are correct, but one matter that did come to my attention in respect of Mr Santanoceto, I understand that Your Honour imposed a total effective sentence of three years, is that correct?

119HIS HONOUR:  Three and a half years.

120MS ROUNTOS:  Three and a half years.  Yes, Your Honour.

121HIS HONOUR:  And I fixed a non-parole period.

122MS ROUNTOS:  Yes, Your Honour.

123HIS HONOUR:  That is my understanding of the legislation.

124MS ROUNTOS:  That is correct, Your Honour.

125HIS HONOUR:  It is three years or more I have to impose.  Anything over three years I must fix a non-parole period.

126MS ROUNTOS:  Either the recognisance release order or a non-parole period.

127HIS HONOUR:  Or a non-parole period, yes.

128MS ROUNTOS:  Yes, I will check those calculations, Your Honour.  I also have draft disposal orders.  In relation to the Federal offending, pseudo ephedrine is automatically forfeited under the Commonwealth Customs Act.

129HIS HONOUR:  Yes.

130MS ROUNTOS:  In relation to the State matters, Your Honour, I have disposal orders in draft in relation to the steroids and a bag containing a glass pipe and substance.

131HIS HONOUR:  Just have a seat, gents.

132MS ROUNTOS:  I understand that is by consent and I make that application now.

133HIS HONOUR:  Yes.  Are they opposed?  Yes, could I see those please?

134MS ROUNTOS:  Yes, Your Honour.

135HIS HONOUR:  In respect of Mr Longley I have been asked to sign a disposal order that relates to the vial of testosterone.

136MS KADDECHE:  That is correct, Your Honour.

137HIS HONOUR:  That is not opposed, is it?

138MS KADDECHE:  No, Your Honour.

139HIS HONOUR:  I will sign that order.

140MS ROUNTOS: 

141(Disposal order signed and acknowledged.)

142HIS HONOUR:  In respect of Mr King, I have been asked to sign a disposal order relating to the bum bag containing the drug paraphernalia, is that opposed?

143MR NIKAKIS:  No, Your Honour.

144(Disposal order signed and acknowledged.)

145HIS HONOUR:  Very well, I have signed those orders.

146MS ROUNTOS:  Thank you, Your Honour.

147HIS HONOUR:  Mr Nikakis, if it will make - I am not sure, I appreciate that I have read these reasons fairly quickly and it is difficult to get them down.  I will have my associate make available a copy of my unrevised sentencing remarks when it is typed out, that may assist you.  I will have that made available to all counsel.

148MS KADDECHE:  Thank you, Your Honour.

149MS ROUNTOS:  Yes, Your Honour, and if I identify any issue with the structure of the sentence I will notify the court immediately.

150HIS HONOUR:  Thank you.

151MS ROUNTOS:  I need a little bit more time, Your Honour.

152HIS HONOUR:  I will make it available to you also.

153MR NIKAKIS:  We will see what happens.

154HIS HONOUR:  Very well, would you adjourn the court.

(Upon resuming at 10.50 am.)

155Mr Longley and Mr King both signed recognisance orders to be of good behaviour for a period of 12 months with a surety of $1,000.00.

156(Recognisance orders signed and acknowledged.)

- - -