Director of Public Prosecutions v Tucker
[2012] VCC 1545
•3 October 2012
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-11-02139
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BRADLEY JOHN TUCKER |
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JUDGE: | HIS HONOUR JUDGE MONTGOMERY | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 3 October 2012 | |
DATE OF SENTENCE: | 3 October 2012 | |
CASE MAY BE CITED AS: | DPP v Tucker | |
MEDIUM NEUTRAL CITATION: | [2019] VCC 1545 | |
REASONS FOR SENTENCE
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Catchwords:
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr D. Holding | Office of Public Prosecutions |
| For the Accused | Mr I. Hayden | Ellinghaus & Lindner |
HIS HONOUR:
1 Bradley John Tucker, you have pleaded guilty to one charge of trafficking in a drug of dependence, namely methylamphetamine and possession of a drug of dependence, namely cannabis L. You have pleaded guilty to summary matters that have been uplifted , namely: dealing with property suspected of being proceeds of crime, two charges of that; a charge of possessing a prohibited weapon, Charge 11, one in Charge 12, one in Charge 13, one in Charge 14, so that is four charges of that, and one charge of failing to answer bail.
2 You have admitted your prior criminal history which encompasses a period from 1988 to 2010, involving numerous offences of dishonesty, violence and drugs. Of particular relevance is your 2010 conviction on 27/5/2010 at the Melbourne County Court, where you were convicted of trafficking in a controlled drug, MDMA, and sentenced by His Honour Judge Tinney to 16 months, to be released on a recognisance after serving three months. It was during the period of that recognisance that you committed the offences that I am dealing with. Judge Tinney's reasons for sentence were tendered, Exhibit 2, and I have considered its contents.
3 The details of your offending are set out in Exhibit 1, the prosecution opening. I do not now intend to recite the facts. That exhibit is attached to these reasons. The prosecution summary is accepted by the defence and it is the factual basis upon which I have determined the sentencing outcome. Any reader of these reasons can refer to Exhibit 1, which will be on the file, to place the sentence in its factual context.
4 The prosecution, Mr Holding, informed me, and it was agreed by Mr Hayden on your behalf, that you have already served 258 days of presentence detention. Mr Holding submitted that an appropriate range would be 12 to 18 months.
5 On your behalf, Mr Hayden briefly outlined your background. He said you had had a dysfunctional upbringing. Your parents separated when you were aged three. You describe it as a bitter separation. From about aged 12, you were placed under the care of the state at the Baltara Boys Home. You did not excel at school, he said, and left at some time in year 12. Although you have no trade qualifications, Mr Hayden informed me that you have had no difficulty in obtaining jobs in kitchens, as a cabinet maker, furniture making, in garages, maintaining cars and also in the building industry.
6 Your background is set out in much more detail in the report of Dr Aaron Cunningham, Exhibit T1, dated 13 September 2011, which was prepared for a bail application. It sets out your drug history, which I will go to shortly. You have three children from three different relationships whose ages are between seven to 18. You have contact with your oldest child Ashley and also some contact with a daughter in New South Wales.
7 Your bail was revoked in these matters because of your failure to report. Whilst you were in gaol you were told that your father was dying and arrangements had been made to visit him, but unfortunately he died before you were able to. Mr Hayden said that during the time you have spent in gaol since 16 June, you have been accessing programs, despite the difficulty that you are on remand, and they include a Quit program, and also programs involving counselling about addiction. He referred me to the report of Dr Cunningham, which, as I said, sets out your background in some detail.
8 In the section of that report headed, "Drug and Alcohol History", you reported that although you had some alcohol use, you were not a big drinker, but you began using cannabis at the age of 14. You began using methylamphetamine at the age of 34 in the context of a relationship. This has continued ever since. Dr Cunningham says that you met the diagnostic and statistical manual of mental disorders criteria for a substance abuse disorder. You presented with a psychological dependence to methylamphetamine, although at the time of the assessment he said that you had psychologically detoxed from methylamphetamine. He said your performance on the SPM test put you in the low to average range of intelligence. There was no indication of intellectual impairment and in relation to the range of re-offending test, he put you in the moderate risk of needs and said to reduce your risk of re-offending, you would benefit from intervention to address your substance use disorder and negative peer association problems. He said you would benefit from drug and alcohol counselling to address your methylamphetamine use. He believed that you were at that stage psychologically able to adhere to and comprehend the conditions of bail, but unfortunately I am told you could not comply with some of the reporting conditions.
Sentencing considerations
9 I have taken into account all of the submissions made and exhibits tendered by both parties. I have considered the matter set out in s.5(1) and (2) of the Sentencing Act. I accept the prosecution submission that there is no evidence that the quantity manufactured here was for any reason other than your personal use. I accept that your plea of guilty has a utilitarian value and is an indication of remorse and was entered in the circumstances outlined at the first reasonable opportunity and you will be given the appropriate discounts for that plea.
10 General deterrence is a paramount sentencing consideration for this type of offending. Specific deterrence is also relevant here because of your prior criminal history and because your offending occurred whilst you were on the Commonwealth recognisance given by Judge Tinney. At the age of 44, you must realise your only chance of rehabilitation is to do something about your drug use. Your work record suggests you have skills to earn an honest living, however, I am far from confident that you do have good prospects of rehabilitation. Ultimately it is a matter for you and your self determination, otherwise your prospects, if you lapse back into drug addiction, are bleak, in that you will continue your addiction, probably continue offending and probably go into gaol for longer and longer periods.
11 Consider the recently amended s.9 of the Sentencing Act, I consider that your offending here falls within s.9(1) and s.9(4), thus I am allowed, in my view, to impose an aggregate sentence here in respect of all of these offences.
12 In respect of your offending here, I impose an aggregate sentence of 12 months. I declare under s.18 of the Sentencing Act the period of 258 days be reckoned as a period of imprisonment already served. Under s.6AA of the Sentencing Act, I declare that but for your plea of guilty, I would have sentenced you to a term of imprisonment of 18 months.
13 Are there any other matters, gentlemen?
14 COUNSEL: No, Your Honour.
15 HIS HONOUR: Very well. Could you remove Mr Tucker, please. Sorry?
16 MR HOLDING: Just, Your Honour, in relation to the cannabis offence, that is not an offence that carries gaol.
17 HIS HONOUR: I didn't ask you, I forgot to ask you. I'll have to resign the order.
18 The aggregate sentence is imposed in all cases except for the possession of a drug of dependence, namely cannabis L, for which you are fined $100, with three months to pay.
19 MR HOLDING: Thank you, Your Honour.
20 MR HAYDEN: May it please Your Honour.
21 HIS HONOUR: Thank you, Mr Holding. Any other matters? No? You can take Mr Tucker off, thank you. Gentlemen, you are both excused. The court is adjourned until tomorrow at 10 o'clock.
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