Director of Public Prosecutions v Taylor

[2018] VCC 303

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

AT GEELONG
CRIMINAL JURISDICTION

CR 17-00288

DIRECTOR OF PUBLIC PROSECUTIONS

v

RORY TAYLOR

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Geelong
DATE OF HEARING:
DATE OF SENTENCE:	16 March 2018
CASE MAY BE CITED AS:	DPP v Taylor
MEDIUM NEUTRAL CITATION:	[2018] VCC 303

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 J. Lewis
For the Accused	Mr C. Pearson

Pages 1 - 4

 

 

HIS HONOUR:

1Rory Jacob Taylor, you can stay seated for the moment.  You have pleaded guilty to one indictable charge of possession of a drug of dependence.  In addition you have pleaded guilty to three summary offences:  possessing cartridge ammunition whilst unlicensed, possession of explosives, to wit - fire crackers without a permit and possession of a controlled weapon - a knuckle duster.

2The facts of your offending are set out in Exhibit A, the prosecution opening.  I was informed by your counsel that I can treat that document as an agreed statement of fact.  I incorporate it into these reasons for sentence.  I am not going to repeat the facts, they were read out by the prosecutor this morning and I sentence you on the basis of the facts set out in that document. 

3Very, very briefly stated, the drug that you pleaded guilty to is a plea on the basis of your joint possession of something in the order of 350 grams of a drug of dependence for a period of seven hours with your co-accused in 2016, now nearly 20 months ago.

4You have admitted one prior criminal matter, that is a conviction for arson when you were fined the sum of $1,000.  It is not a relevant prior conviction for the purposes of this offending however, it does indicate that you have previously had issues with the law and you can't have claim the benefit of being a completely conviction free person but other than that it has little relevance.

5Your background and history is set out both in the submissions filed on your behalf, Exhibit 1 and in the - to some extent in the material from Barwon Health and the reference from your mother tendered upon the plea, it would appear that your life went off the rails as a consequence of a motor cycle accident which left you with a mild acquired brain injury when you were a young teenager.  You went off the rails, you began using drugs and at the time of this offending you were in a relationship with your co-offender at the time and it is clear the house in which you were residing was a veritable shopper's paradise for drug addicts.

6You were there regularly.  You were using, I'm told, methamphetamine yourself, excuse me, and your life was heading in a direction that ultimately saw you go to gaol.  You have a subsequent matter where you were sentenced to two months' imprisonment for possession of a shotgun and you have heard me discuss with your counsel whether or not the time you served on that sentence should count as pre-sentence detention. 

7Whatever that be, the case, I do have regard to principles of totality in assessing a penalty for you in relation to this offending.

8I take into account in your favour your plea of guilty.  It is always difficult to determine whether it's an early or late plea in situations where there is a compromise of a charge brought.  Certainly it is clear that up until yesterday you were facing more serious charges and when the more - when the charge of possession was put on the table you pleaded to that.  So, you are entitled to a reduction in sentence to reflect your plea of guilty and I am obliged to state the effect of that reduction and I will return to that subsequently.

9I take into account the fact you had no prior convictions for drug offences and that subsequent to this offending you have taken steps to rehabilitation yourself.  You have completed a drug course.  You have gone back, you're living with your mother.  She and your father are obviously supportive of you.  You ditched the relationship you were in and started a new one with a different young lady.  Although it's in its early days she seems to be of different character than the one that you were previously involved with.

10You are working, you have got a job.  You work as a roof tiler and it seems to me you have good prospects for rehabilitation.  I have regard to the sentences imposed on the co-accused although I note they were sentences for trafficking whereas yours was simply for possession.

11I do find that you have not discharged your onus of establishing that the possession was not for the purposes of trafficking.  It is convoluted, the law is that the maximum penalty is five years' imprisonment unless you satisfy me that the drugs were held for a non-trafficable purpose.

12Mr Pearson didn't seek to do so but pointed out that they - that possession was, as you - as I said before - of a very limited nature for a very limited time in joint possession with the person who was holding him for the man who would ultimately traffic in the items.  So to that extent I see it as a low level example of the crime charged.

13In all the circumstances, I propose to accede to your counsel's submission and sentence you to a terms of imprisonment of time served in relation to the charge of possession.  So, would you stand up please?

14On the charge of possession of a drug of dependence you are convicted and sentenced to be imprisoned for 34 days.  I declare that 34 days of that sentence have already been served by way of pre-sentence detention.

15In relation to the summary, first summary offence charge of possession of ammunition without a permit or licence you are fined $200.  That is a hundred dollars for each cartridge.  In relation to the possession of the fireworks, you are fined $100 and in relation to the possession of the knuckledusters you are fined $200.  That is a total fine of $500 and I grant you a stay of three months to pay that fine. 

16I make an order pursuant to s.464ZF of the Crimes Act for you to provide a sample for the DNA database. You will have to go to a police station, they will take a mouth swab. I am obliged to inform you that the authorities are entitled to use reasonable force to obtain that sample so it is in your interest to cooperate with the police. Just go along, give them a mouth swab and that will be the end of it.

17I make the disposal and forfeiture orders sought by the prosecution pursuant to s.6AAA of that but for your plea of guilty I would have imposed a terms of imprisonment of 45 days.

18Any other orders required?

19MR LEWIS:  No, Your Honour.

20MR PEARSON:  No, Your Honour.

21HIS HONOUR:  All right, you can leave the dock.

22MR PEARSON:  As Your Honour pleases.

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