Director of Public Prosecutions v Simpson

[2013] VCC 804

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

AT MELBOURNE

CRIMINAL DIVISION

Case No. CR-12-00916

DIRECTOR OF PUBLIC PROSECUTIONS

V

LUKE SIMPSON

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	7 May 2013
DATE OF SENTENCE:	16 May 2013
CASE MAY BE CITED AS:	DPP v. Simpson
MEDIUM NEUTRAL CITATION:	[2013] VCC 804

REASONS FOR SENTENCE
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Subject:         Criminal Law
Catchwords: Pleaded guilty to one charge of trafficking heroin & one charge of use a drug of dependence  - plea to trafficking charge entered at trial of other charges – accused acquitted of those charges – drug transaction involved $200 of heroin – accused made full admissions to police – no other evidence of trafficking – accused has dysfunctional background – many years of drug use and lengthy criminal history, but no prior convictions for trafficking.
Sentence:      Total effective sentence 3 months’ imprisonment

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr J. McWilliams
For the Accused	Mr A. Jackson

HER HONOUR:

1       Luke Simpson, you have pleaded guilty to one charge of trafficking in a drug of dependence and one charge of using a drug of dependence, namely heroin.  This occurred at the Gatwick Hotel in St Kilda on 18 September 2011. 

2       This was a drug deal that went wrong.  Ms P, a sex worker, had been approached earlier by one Mark Ganon who, by agreement, handed her $100 with which to purchase drugs.  Ms P contacted an associate, Ms C who told her to accompany her to the Gatwick Hotel with Mr Ganon following in his vehicle.  With Ganon and Ms P waiting outside, Ms C failed to appear after a period of time and, after attempts by Ganon and Ms P to locate you and her, the two of them came across you on a landing in the hotel.  You invited them to your room where Ganon insisted he had been ripped off.  You said this was not the case and tried to give Ganon a syringe, which you said Ms C had prepared.  She was also present and it appears that you and she had both just used heroin supplied from the same source and that intended for Ms P.

3       What occurred then was the focus of the trial, which has just concluded, in which you successfully defended the charges of intentionally or recklessly causing serious injury.

4       In the fracas that took place, Ganon was very seriously injured, with his two thumbs almost completely severed by your use of a machete-like knife you kept in your room.  He had to do undergo many hours of microsurgery for the re-attachment of his thumbs.  He also suffered lacerations to his back, serious enough to require suturing. 

5       You also suffered some minor injuries to your face and back, the significance of which was that their infliction lends support to your version of events, which was accepted by the jury, that you acted in self defence.

6       You were arrested on 19 September 2011, the following day, and interviewed by the police, during which you made full admissions to the drug charges and indeed volunteered the information upon which the charges were then based.  You were remanded in custody, where you remained until released on bail on 1 May 2012. 

7       

You have spent 226 days in pre-sentence detention, but 106 of those days were set against a sentence imposed on you in the Magistrates' Court, on

10 August 2012

.  That left 110 days of pre-sentence detention that relates to these charges.  I shall make a note on the court record that those 110 days of pre-sentence detention are to be reckoned as already served.

8       The act of drug trafficking in this case is a minor charge in the scheme of things, but the surrounding circumstances demonstrate one aspect of the dangers courted by those who adopt and maintain a lifestyle involving use of illicit drugs. 

9       You are no longer what the courts call a young man and people your age who continue to use illicit drugs often do not see out the end of their thirties.

10      Your extensive criminal history, with features consistent with drug use over a long period, is an indication that you may be in that range of risk.  On the other hand you have demonstrated some ability to reform by reason of having completed an intensive corrections order in 2009, which is no mean feat, and also by having completed some certificate courses whilst in gaol for these matters. A stable relationship and stable accommodation, the support of your friend, Mr Rubenstein, and a demonstrated ability to work are all factors which should assist you.

11      Whilst your prospects for rehabilitation are guarded, the other matters I must consider are these, that you pleaded guilty at an early stage and made full admissions, without which you could not have been charged with these matters. 

12      Deterrence in this matter is raised not so much by the drug charges but by the surrounding aggravating circumstances, which are a stark reminder of the dangers of a drug-related lifestyle, as I said earlier.  From the evidence of the trial it is clear that this was a horrifying event for those involved, particularly for Mr Ganon.  That is why a prison sentence in the range suggested by the prosecution, between six and nine months, is a reasonable one as far as general deterrence is concerned.  However, a more lenient sentence is justified by your admissions to police and your plea of guilty as well as your personal circumstances. 

13      I should add that I place only tentative weight on your prospects of rehabilitation because of the difficulties which usually accompany recovery from a longstanding drug dependence.

14      That said, a considerable time has passed since this offence and that is generally accepted as a relevant sentencing factor, almost regardless of the circumstances of that delay.

15      Taking all matters into account, I am satisfied that the appropriate sentence should be no greater than the time you have already served. 

16      Accordingly, I sentence you to three months' imprisonment for the charge of trafficking and one month for the use of a drug, to be served concurrently.  That results in a total effective sentence of three months.

17      The prosecution has applied for the retention of the forensic sample you provided and that is not opposed and I make that order. 

18      If you had pleaded not guilty to these charges, I would have sentenced you to a total effective sentence of six months' imprisonment.

19      (Section 464ZF order signed and acknowledged.)

20      Have I neglected any other matters, Mr McWilliams, first?

21      MR McWILLIAMS:  No, Your Honour.

22      HER HONOUR:  All right, thank you.  Mr Jackson?

23      MR JACKSON:  No, Your Honour, as I understand it, given that the total effective sentence is three months and Your Honour's declaration pursuant to s.18 of 110 days reckoned as already served, that means Mr Simpson can be released forthwith.

24      HER HONOUR:  Yes, he may be released.

25      MR JACKSON:  Thank you, Your Honour.

26      MR McWILLIAMS:  Thank you, Your Honour.

27      HER HONOUR:  Adjourn the court please.

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