Director of Public Prosecutions v Tegeltija

[2014] VCC 1306

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

AT GEELONG
CRIMINAL JURISDICTION

CR

DIRECTOR OF PUBLIC PROSECUTIONS

v

BOJAN TEGELTIJA

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JUDGE:	HER HONOUR JUDGE CAMPTON
WHERE HELD:	Geelong
DATE OF HEARING:
DATE OF SENTENCE:	24 June 2014
CASE MAY BE CITED AS:	DPP v Tegeltija
MEDIUM NEUTRAL CITATION:	[2014] VCC 1306

REASONS FOR SENTENCE
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Subject: Trafficking in a drug of dependence – possess drug of dependence – possess property suspected of being the proceeds of crime.
Catchwords:
Legislation Cited:
Cases Cited:
Sentence: One year and seven months imprisonment, with a non-parole period of 10 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B. Nibbs
For the Offender	Ms M. Mykytowycz

HER HONOUR:

CHARGES

1Bojan Tegeltija, you have pleaded guilty to one count of trafficking in a drug of dependence, one count of possess drug of dependence and one summary offence of possess property suspected of being the proceeds of crime.

2The maximum sentence for trafficking in a drug of dependence is 15 years.

3The maximum sentence for possessing a drug of dependence, if trafficking purposes are excluded, is one year or 30 penalty units.

4The maximum penalty for possess property suspected of being the proceeds of crime is two years imprisonment or 240 penalty units.

CIRCUMSTANCES OF OFFENDING

5The circumstances surrounding your offending are that the police had been investigating the trafficking of methamphetamine in the Geelong area.  As a result of investigations they obtained a search warrant for an apartment in your name.

6When they executed the warrant, in your absence, on 19 July 2013 they found a number of items associated with trafficking including mobile phones, a set of digital scales, $900 in cash, a computer, white crystals, bank cards and a laptop computer.

7When you returned to the apartment they also located a large vacuum sealed bag containing white crystal substance, a large zip lock bag containing white crystal substance and a small zip lock bag containing a white crystal substance and $2,150 in cash. 

8The total amount of methamphetamine seized was in a plastic bag containing five plastic bags, 104.3 grams, at 90 per cent purity.  In a plastic bag containing a further plastic bag, 38.6 grams, less than 0.25 per cent purity and in a plastic bag, 2.3 grams, at 70 per cent purity.

PERSONAL CIRCUMSTANCES

9Your personal circumstances were contained in a report by Michael Crewdson.  Your were born in Gradista in Bosnia-Herzegovina on 4 February 1988.  Your family, which includes your parents and sister, migrated to Australia in 1997.  After arriving in Australia your parents worked on farms in the Drysdale area before your father developed a business as a floor sander.

10You left school at 16, after completing Year 10, and after leaving school you worked part-time with McDonald's before commencing work with the Toyota factory in Altona.  You worked there for some four years and managed to buy a house and a car. 

11You are also a talented soccer player, but unfortunately due to an injury to your knee, your soccer career was cut short. 

12The pivotal moment in the change in your life was submitted to be a motor vehicle accident in October 2010 when you were 22.  You and three friends were involved in a car accident where your friend, Sasha, was left a quadriplegic.  Sasha's family held you and the others responsible for his injuries and this has been, apparently, a source of considerable anxiety to you. 

13Some two months after the accident you were introduced to ice in a social setting.  Your use escalated and by the time of your arrest on 19 July 2013 you were trafficking to support your habit.

14Your sister gave evidence about how your relationship with your family had deteriorated.  How you would be absent from home for long periods. 

15You were granted bail on condition you engaged in the CISP program, however, you re-engaged in drug use and handed yourself into the Geelong Police in December 2013.  You were granted bail again and then further relapsed into drug use and you were arrested on other matters in February 2014.

MR CREWDSON’S REPORT

16In his report Mr Crewdson describes your psychological state as one of general deterioration and greatly disturbed stability in a number of areas, psychological functioning with a development of a post-traumatic stress disorder, following the accident.

17In written submission your counsel relied on Mr Crewdson's conclusion that you presented as having been traumatised and that your psychological state made you vulnerable to the transformational effects of ice. 

18He commented, that, unfortunately, you showed the same level of application that you had demonstrated earlier in your life in acquiring the car and the house; you showed that same application in the process concerning ice. 

19In Mr Crewdson's opinion, your prognosis was quite reasonable, given your previous social record and work record and the existence of family support and also in view of the explanatory factors which had led to your criminal activity.

20He also commented that you showed regret and remorse and he considered that your regret and remorse seemed to be genuine.

MITIGATING CIRCUMSTANCES

21In a letter to the court, and in her evidence, your sister said that she had seen a change in you in the last few months.  She said that you were off drugs and you had become the person once more that you had been before commencing drug use caring more about the family and you were apologetic for what you had put them through.

22There was also reference from a family friend in which he confirmed the effect of the car accident on you and how afterwards you distanced yourself from your family and friends. 

23In his plea on your behalf your counsel relied, in particular, on the following mitigating circumstances.  Your plea of guilty which had saved the community and court the inconvenience of a trial.  Your relative youth, your lack of priors, your remorse, your good prospects, or reasonably good prospects for rehabilitation; the fact you had done a course in prison. 

24It was also submitted that you had done some four months in custody and that a combined term of imprisonment and Community Correction Order would meet the various sentencing considerations. 

SENTENCING REMARKS

25In sentencing you I have taken into account all the mitigating circumstances referred to by your counsel.  I accept that you are remorseful and I have given you a discount for your plea of guilty.

26You have no prior convictions and I accept that with drug rehabilitation your chances of rehabilitation are reasonably drug.  However, I must balance these sentencing considerations with the need for specific and general deterrence. 

27General deterrence is an important sentencing consideration in cases involving ice.  The toll that it is taking on our community is considerable.  There was a significant amount of ice found in your residence.  By trafficking in the drug, you were not only causing harm to yourself and to your family, but also, potentially, causing harm to members of the wider community.

28In all the circumstances of your case I do not consider a Community Corrections Order to be within range.  I do not consider it to be proportionate to the gravity of your offending. 

29Would you please stand up.  On Count 1, trafficking in a drug of dependence, you are sentenced to 18 months imprisonment.

30On Count 2, possess a drug of dependence, I accept that the LSD was for your own use and the sentence is one month.

31On Charge 5, possess property suspected of being the proceeds of crime, you are sentenced to three months.

32The base sentence is the sentence of 18 months on Count 1.  I cumulate one month of the sentence on Charge 5 on Count 1.

33That results in a head sentence of 19 months.  I fix a non-parole period of ten months.

34But for your plea of guilty, you would have been sentenced to two years and three months and serve one year and five months.

35I declare for the record that there is 138 days of pre-sentence detention. 

36I make the Disposal Orders sought by the prosecution in this case.  Was there also a 46 application ‑ ‑ ‑

37MR NIBBS:  Yes. 

38HER HONOUR:  I make the Retention Order and the Forfeiture Order.

39I comment, finally, that I know that he was found suitable for a Community Corrections Order.  On reflection I consider that it was not proportionate to the gravity of the offence because of the prevailing, prevalence of the use of ice in this community. 

40MS MYKYTOWYCZ:  As Your Honour pleases.

41HER HONOUR:  Yes, stand the court down.

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