Director of Public Prosecutions v Slezak

[2016] VCC 254

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

AT GEELONG
CRIMINAL JURISDICTION

CR 15-02259

DIRECTOR OF PUBLIC PROSECUTIONS

v

DRAGAN SLEZAK

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JUDGE:	HIS HONOUR JUDGE MULLALY
WHERE HELD:	Geelong
DATE OF HEARING:
DATE OF SENTENCE:	15 February 2016
CASE MAY BE CITED AS:	DPP v Slezak
MEDIUM NEUTRAL CITATION:	[2016] VCC 254

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

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms D.M. Guesdon	Office of Public Prosecutions
WS Lawyers
For the Offender	Ms A. Hurst

HIS HONOUR:

1Dragan Slezak, on 20 March 2015 the police searched your house in Leopold.  They found 137 cannabis plants growing in two trays secreted in a cupboard.  You had set up lights so the plants could grow indoors.  You had propagated and nurtured the plants for about four to six weeks.  The plants were seedlings ranging from ten to 38 cms in height; although they were small when seized, weighing in total about 500 grams. 

2Your intent was the plants grow into mature plants yielding, no doubt, large amounts of useable cannabis.  Indoor cannabis production is a prevalent offence.  Cannabis causes the users in the community many unnecessary problems.  It is no minor matter to cultivate this drug in a commercial quantity.  In addition you had over 20 grams of dried cannabis in the house. 

3You told the police that you grew cannabis for your own use, that is, that this cannabis was for your own use.  That is difficult to accept as the yield from the plants that you grew, even allowing for losses and culling, would be excessive for a single user.  However, I make it clear you are to be sentenced for the cultivation of a commercial quantity of cannabis, no more and no less. 

4The maximum term for this offence is 25 years imprisonment indicating just how seriously our Parliament considers this crime.  However, I do take into account that, unlike other more sophisticated operations, yours was seedlings in a cupboard in your own house as opposed to the many hydroponic systems that are set up in houses just used for that sole purpose, sadly, throughout our suburbs.

5As to your own personal circumstances, you are now 58 years old.  The main features of your personal circumstances is your dedication to your family and what have been very difficult life circumstances.

6You graduated from journalism in Yugoslavia.  You had a good working history until the civil war in that country.  You were, necessarily, involved in the war and I had evidence of your bravery and decency in those very trying circumstances.

7It seems you have significant carry-over psychological stress, even trauma, from these events.  It has impacted on your capacity in many ways, in particular, to sleep.  Lack of good sleep patterns is very debilitating and probably a causative factor in your cardio vascular ill-health and your diabetes and your obesity.

8You have not until recently sought proper professional help.  Mr Slezak, you should understand that you should continue with professional help to assist you both psychologically, which no doubt, will assist you physically. 

9You came to Australia as a refugee.  You and your wife were determined to provide better opportunity for your two children especially in terms of education.  In that regard you have well succeeded as both your children have secured doctorates and are in important research positions.  Your daughter is married, and I heard from her father-in-law, Mr O'Driscoll, a thoroughly decent and sensible man, who despite what you have done stands by you. 

10Your children stand by you as well, so too does your wife, although you now live in the same house but separated.  She does a great deal for you because of your physical disabilities. 

11It was said that you took up cannabis in the war and have used it in Australia especially to combat a painful back and insomnia.  Your work in Australia was very taxing, physically, and you have significant physical problems with your legs, and particularly your back, as a consequence. 

12The use of cannabis to self-medicate is no excuse.  The biggest concern that I have, however, is your prior conviction for cultivating cannabis in 2000 when you were gaoled by a County Court judge for ten months, six of which were suspended. 

13This directly relevant prior matter raises issues as to deterrence to you and your overall prospects of reform.  However, you are not to be re-punished, or punished again, for prior crimes.  The length of time since that matter, that is 15 years, is relevant.  I will not ignore its importance, but by the same token, I will not overstate its weight in the sentencing consideration.

14In recent times the sentencing regime in this State has altered.  I am required to recalibrate.  I can only consider a gaol term if I am satisfied that all sentencing purposes cannot be met by a sentence not involving incarceration. 

15A community corrections order can be punishment and sufficiently so, in many cases, previously dealt with by gaol terms.  The added benefit is that a community corrections order can simultaneously facilitate your rehabilitation, which of course, is another important sentencing purpose set out in the Sentencing Act.  When I say simultaneously, what I mean by that, there can be punishment and simultaneously rehabilitation, something that is very difficult to achieve in a gaol. 

16I had you assessed for a community corrections order and you are suitable; indeed, suitable for unpaid community work providing that they are able to give you work that is suitable to you and you have clearance from your medical practitioners. 

17After anxious consideration I am of the view that a community corrections order is a just and appropriate outcome or sentence in this case.

18It will be an onerous community corrections order and Mr Slezak, should you falter, then you should understand that the mercy shown to you today will not be repeated.  You have avoided gaol buy a bare margin.  You can remain seated.

19For committing the crime of cultivation of cannabis in not less than a commercial quantity you are convicted and placed on a four year community corrections order.  There will be terms and conditions of that and the community corrections order will be explained to you in detail shortly when a document is produced.

20But, in broad terms, you are to do 250 hours of unpaid work.  To engage in programs for treatment for your drug addiction and engage in programs and treatment that may assist you in not re-offending, that is, understanding the impact of drugs.  As I say, there will be a document produced. 

21There will be orders made that disposes of the items that were seized from your premises together with an order that you provide a forensic sample.  That means that you provide, when asked, a scraping from your mouth so your DNA can be extracted and kept on a database.  I indicate that that application was granted because of the seriousness of the offence, because of your prior convictions and because it is in the interests of justice that such a sample be provided. 

22You will get documentation relating to that.  The essence of it is this, that when you go to the police station to provide the sample, they are authorised to use reasonable force if you do not co-operate in giving the sample, and the way through it, of course, is to co-operate. 

23I am not required, strictly by the legislation, strangely, to tell you what I would have done had you pleaded not guilty and been found guilty of this offence, but I will do so and indicate to you, had you pleaded not guilty to this offence and been found guilty of it, I would have imposed a sentence of two years with a minimum term of 14 months. 

24Is there anything else required?

25MS GUESDON:  No, Your Honour.

26HIS HONOUR:  Mr Slezak, this community corrections order will be for four years.  It will start today and end on 14 February 2020. 

27I should point out to you, prior to the changes in the sentencing regime, I could not order a community corrections order of that length, so you should understand that this is a lengthy community corrections order and it will have you under Community Corrections until February 2020, and as you will quickly understand, that should you break the law at any point committing an offence punishable by imprisonment between now and February 2020, if you do that you will come back before me. 

28So the conditions that apply to everyone on a community corrections order, and apply to you, is you must not commit an offence for which you could be imprisoned during the time the order is in force. 

29Possession of cannabis is an offence punishable by imprisonment.  Mr Slezak, just put cannabis completely out of your life. 

30As I said, you must not commit an offence.  You must comply with any obligation or requirement under the sentencing regulations, that is I am told, that the community corrections people might need to take your photograph so they know who you are and other identification, so just co-operate with that.

31You must report to and receive visits from the Office of Corrections.  You must report to the community corrections centre within two clear working days of this order.  The community corrections centre is down there at the State Government offices at Little Malop Street.  Ms Hurst will point that out to out if you need to know where that is. 

32You must let the community corrections officers know within two clear working days if you change your address or your job.  You must not leave Victoria without first getting permission to do so and you must obey all lawful instructions and directions from them.  So those are the conditions that apply to everyone. 

33What applies to you is 250 hours of unpaid community work.  That will be no easy thing for you.  They will have to find a job that you can do but apply yourself to it as much as you physically can, Mr Slezak.  Get the job done, turn up when they require you to turn up, have a medical certificate if that is required and do not fox about those things and stay until you are required to stay.

34You must be under the supervision of a community corrections officer for the period of four years.  You must undergo assessment and treatment, including testing for drug abuse and dependency, so do their drug programs.  You must participate in programs that might address factors relating to your offending.  So if you are prepared to consent to that order being made and sign this that will bring the matter to an end.  Do you understand?

35OFFENDER:  Yes, I understand, thank you.

36HIS HONOUR:  Ms Hurst, just get him to sign that. 

37(Orders signed and acknowledged.)

38There will be a copy made of that and you will be given a copy of that before you leave.  Those other orders are signed and there is copies available.

39Is there anything further?

40MS GUESDON:  No, Your Honour.

41HIS HONOUR:  Thank you to the parties for their assistance.  Mr Interpreter, Mr Jasevski, thank you for your assistance.  It has been important, I suppose, to have a back-up for things, so thank you very much. 

42If there is nothing further, Mr Slezak can leave the dock when I adjourn the court.

43OFFENDER:  Thank you so much.

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