Director of Public Prosecutions v Vu
[2016] VCC 1695
•28 October 2016
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-15-01269
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AN NGUYEN VU |
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JUDGE: | HER HONOUR JUDGE HOGAN | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 October 2015, 17 December 2015 and | |
DATE OF DEFERRED SENTENCE: | 28 October 2016 | |
CASE MAY BE CITED AS: | DPP v Vu | |
MEDIUM NEUTRAL CITATION: | [2016] VCC 1695 | |
REASONS FOR SENTENCE
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Subject:One charge of trafficking heroin, one charge of possessing methylamphetamine and one charge of dealing with $24,396 being negligent as to whether it was the proceeds of crime – total effective sentence 5 months' imprisonment and Community Correction Order 3 years.
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M Roper (2015) Ms K Hamill (2016) | Solicitor for Public Prosecutions |
| For the Accused | Mr R Stary | Stary Norton Halphen |
HER HONOUR:
HER HONOUR
1 An Nguyen Vu, you have pleaded guilty to one charge of trafficking in a drug of dependence, namely heroin, which carries a maximum penalty of 15 years’ imprisonment; one charge of possessing a drug of dependence, namely methylamphetamine, which carries a maximum penalty of five years’ imprisonment; and one charge of negligently dealing with the proceeds of crime, which also carries a maximum penalty of five years’ imprisonment.
2 The circumstances of your offending are summarised in the Prosecution Opening (Exhibit “A”). In essence, on 30 April 2015, police intercepted the vehicle you were driving in order to undertake a routine licence check. With your consent, police searched you and your vehicle. They found a loose panel under the gearstick and, underneath, were several bags of white powder. This was found to be a mixture of powder containing heroin. The total weight of the mixture was 235 grams. This comprises Charge 1, trafficking. Also in this compartment police found 2 grams of methylamphetamine, which comprises Charge 2, possession of a drug of dependence. In addition, they located $10,000 in cash in the compartment, together with a further $14,396 in a brown leather bag which you were wearing. This total sum of $24,396 is the subject of Charge 3, negligently dealing with the proceeds of crime. It is noteworthy, also, that police found text messages on your mobile phone which were suggestive of drug trafficking activity.
3 You were charged with the offences on 30 April 2015 and, at the first committal mention on 7 July 2015, you indicated your intention to plead guilty to the offences.
4 At a plea hearing held before me on 22 October 2015, your counsel, Mr Stary, stated that, at that time, you were aged thirty-two years, having been born on 27 May 1983. You come before the Court with a criminal history dating back to 2001. It contains a number of drug-related offences which include four offences of trafficking in heroin, two offences of possessing money suspected of being the proceeds of crime and multiple offences for possessing and using heroin. Over the years, you have been given a Community-Based Order, which you breached, a period of detention in a Youth Training Centre, a suspended sentence of imprisonment, an Intensive Correction Order, fines and a Community Correction Order.
5 Mr Stary stated that you come from a supportive family, no other members of which have been in trouble with the law. You struggled at school with literacy and behavioural problems and fell in with other disaffected young people, which resulted in you becoming immersed in a drug culture. He stated that you have been addicted to heroin since age sixteen and left school in Year 11, without completing your VCE. You have had no other educational training and no work history of any substance. In effect, you have wasted your adult life.
6 A report from a forensic psychologist, Mr Patrick Newton, dated 16 October 2015, was tendered as Exhibit “1”. He diagnosed you as suffering a severe substance-use disorder in relation to methamphetamine and heroin, but noted that, when you were remanded in custody for this offending for 13 days prior to being granted bail, you used that opportunity to withdraw and had then engaged with the CISP bail program.
7 This engagement in the CISP program resulted in you being referred to a psychologist, Dr Fabian Elzo, at Odyssey House for assessment. Dr Elzo’s report, dated 12 June 2015, was attached to the CISP report dated 16 June 2015 (Exhibit “4”). As you expressed interest in addressing your substance abuse issues, you then commenced counselling with Dr Elzo at MatchWorks in Melton West. In addition, your CISP case manager referred you to Dr John Jagoda for assessment and, on 19 May 2015, you underwent a procedure whereby Dr Jagoda inserted a Naltrexone implant. This was confirmed in a letter of the same date from Dr Jagoda annexed to the CISP report. A subsequent report from Dr Jagoda, dated 20 October 2015 (Exhibit “3”), confirmed that the implant was effective for four to six months and that you had re-attended his clinic on 12 October 2015 and given urine samples which tested negative for illicit drugs on both 12 and 20 October 2015.
8 Mr Stary stated that you had attended six counselling sessions with Dr Elzo and were committed to having your drug addiction treated by Dr Jagoda. In addition, you have the benefit of the support of your two brothers and mother. One of your brothers, who was in Court to support you along with your mother, gave evidence at the plea hearing.
9 An Thai Vu gave sworn evidence that he is your older brother and, at the time of giving evidence, was aged thirty-three years. He said that he operates a stall at the Melbourne Market in Epping, as well as having an import business at a warehouse in Footscray. He stated that you have had a heroin problem since you were sixteen years old and he does not tolerate heroin or any illicit drugs, but he knows that, apart from your addiction, you are a good man and he is prepared to stand by you. He had provided surety in the sum of $50,000 in order to secure your release from custody on bail. In addition, a property in St Albans, which he had let out to tenants, was made available for you to live in and he and his wife had moved in there to look after you. He said that you have been complying with your bail curfew between 10pm and 6am, but it would be in your interest to be able to do some work for him. This would involve having to get up, as he does, at 2am each morning in order to attend the wholesale fruit and vegetable market. He said that, in 2008, you had married and you have a son, Orlando, from that marriage. The marriage has been a troubled one, but your wife and child were outside the Court to support you.
10 In a reference from this same brother, tendered as Exhibit “2”, he stated that he thought that you had been deeply affected by the death of your father in 2014 and that you genuinely wanted to change your life. He said that, by nature, you are a family man and care for people in your own way, and you have shown yourself to be a loving father to your young son whilst you have been on bail and living with him. He stated that he knows that deep down inside you are a truly good-hearted person, in spite of your past criminal convictions.
11 There is no doubt that the crime of trafficking is a serious one. The summaries tendered of your earlier trafficking offences show that they were low-level street offending. However, the quantity of money and the heroin involved this time shows that this is an escalation in offending. Nevertheless, I accept the submission of Mr Stary that your very early plea of guilty is a remorseful one. The prosecution acknowledges that the 235 grams of heroin was a mixture, and you indicated your intention to plead guilty to the charge without requiring forensic analysis so that the actual amount of heroin within the mixture is unknown. I also accept on the balance of probabilities that the amount of $10,000 found in the concealed compartment of the car was in order to purchase heroin, and the amount of $14,396 found on your person was from the sale of heroin on the street. It is to your credit that you consented to police searching your vehicle and did not challenge the legality of that and did not put the prosecution to proof of the elements of trafficking. In my view, this is an indication of remorse.
12 I noted the opinion of Mr Newton that you require ongoing drug education and treatment by a mental health practitioner. He considered that your long term addiction warranted a diagnosis of a Severe Substance Use Disorder relating to heroin and methamphetamine. You had had some worrying psychological problems, including drug-induced psychosis. As your drug use was tightly integrated with your social life, you suffered not only intense physical addiction but deterioration in broader social functioning. Your education had been disrupted by mixing with disaffected older students resulting in unruly behaviour on your part and expulsion from school part way through Year 11. You had never really worked, apart from helping your mother out with her sewing business sporadically. He considered your literacy was poor and this gives an unsophisticated and “concrete” cast to many of your predilections He considered that your recent medical and psychological treatment and abstinence from drugs had enabled you to develop some insight into your drug problem, some remorse and desire to change your lifestyle.
13 You had a very bad track record, but I acknowledged that living with a heroin habit for in excess of one and a half decades is a terrible scourge. As you were in your thirties and, really, for the first time had shown some concerted effort to embark upon treatment, it seemed to me to be just to defer sentencing in this matter in order to give you a greater opportunity to demonstrate your commitment to turn your life around and remain drug free. Thus, although the gravity of the offending warranted a term of imprisonment, I considered it appropriate to give you one last chance to demonstrate that rehabilitation could take place. Accordingly, the matter was deferred to 21 October 2016 for sentence, with a review date of 17 December 2015. Your bail conditions were varied to allow an exception to the curfew if you were accompanied by your brother for the purpose of attending work at either of his businesses and, also, included a condition that you continue to seek counselling from Dr Elzo at MatchWorks and drug treatment from Dr Jagoda.
14 When you reappeared before me for a review of the order on 17 December 2015 pursuant to s83A(1B), your rehabilitation appeared to be progressing well. A report from Dr Fabian Elzo dated 14 December 2015 (Exhibit “5”) confirmed that you had been attending for counselling and a report from Dr John Jagoda dated 10 December 2015 confirmed that you had submitted to urine screens which showed no trace of illicit drugs. At that stage, you were living with your brother, An Thai Vu, and his wife at St Albans, which adjoins the suburb of Cairnlea, where your three year old son, Orlando, was living with his mother and your mother. Mr Stary reported on your behalf that you were seeing your son daily and, also working part time (three days per week) for your brother packing fruit and vegetables for deliveries. In addition, you had been compliant with other bail conditions, including reporting to police on three days per week. Also, you were considering enrolling in a course at Kangan TAFE to become qualified as an automotive mechanic.
15 Given the promising circumstances on the review date, bail was extended on the same terms and conditions until 21 October 2016 for deferred sentence.
16 On 21 October 2016, Mr Stary stated that on 28 April 2016 you had made application to the Court to vary your bail conditions in order to go to live at the address at Cairnlea to be with your son, Orlando.
17 Mr Stary also tendered a letter from Mr Justin Le, General Manager of Green Galaxy Produce, who runs a stall at the Melbourne Market at Epping. Mr Stary stated that, although the letter was undated, he had received it the previous day. Mr Le wrote that you had been employed by him as a packer from 12 July 2016 to date. He stated that he had placed you on a three month probation period due to your criminal history and, when you started, you had been missing work frequently and regularly. However, after being spoken to by your supervisor, there had been significant changes and, generally, you were performing your duties in a satisfactory manner and relating very well with other staff. He stated that, from 12 October 2017 (sic) you had been moved to a part time position of 15 hours per week. This essentially involves picking up orders from supervisors and getting the relevant products to fill them, labelling orders appropriately and ensuring that packaging information is recorded and handed over to the office, as well as maintaining daily production and packing records.
18 On the date of the deferred sentence hearing, your brother, An Thai Vu, again gave sworn evidence. It emerged that, contrary to Mr Stary’s belief, you had never received a second Naltrexone implant from Dr Jagoda towards the end of last year, after the effect of the first implant inserted in May 2015 had worn off. Only on the Monday of the week preceding the deferred sentence hearing on Friday, 21 October did you approach your brother and state that you wanted to go to Western Australia in order to have a second implant. You stated that this was because you had had a skin infection following the one implanted by Dr Jagoda. As the recommendation to go to Western Australia for the implant had come from a person whom your brother knew to be “clean”, after having had successful implants himself, your brother paid $2,000 for the air fare and the cost of the implant. According to a letter from Dr Vladimir Martyn of the Fresh Start Recovery Program in Subiaco in Western Australia dated 19 October 2016 (Exhibit “8”), the implant was inserted on that date.
19 In the interim, your brother stated that he had employed you in his fresh fruit and vegetable business at Epping from a couple of weeks after the deferred sentence was given in October last year until February of this year, approximately 3 ½ months. He had driven you to Epping at 2.00am on three days a week and you had worked for five hours each day. He said that you had found the physical nature of the work hard, as you had never worked previously in this type of work, or any work of substance. You would rest in your brother’s truck after you finished your five hours, while he worked on for an additional couple of hours and he would then drive you home. Your brother stated that he felt he was too easy on you, but also acknowledged that, as you had been addicted to heroin since the age of sixteen years, it was hard for you. Hence, he endeavoured to find other work for you which was lighter. It took him some time but, eventually, he found your current job with Mr Le, who is a friend of his. He stated that he told Mr Le that you should be treated like any other employee and, if you were not up to the mark, then Mr Le should not feel obliged to keep you on. He stated that Mr Le had reported to him that you would often turn up late, however, this had improved in recent times.
20 Your brother stated that he had been living at the St Albans address with you until your bail was varied in April 2016. Even though you were not working from February to April before you moved to Cairnlea, he did not observe changes in your behaviour which, in the past, he had associated with drug use, such as you tending to sleep for lengthy periods or spending unusually long amounts of time in the toilet or bathroom. Whilst you had been living with him, he had believed that you were still seeing Dr Jagoda for urine screens and, also, Dr Elzo for counselling. He stated that he relied on what you told him about this. However, following your change of address to Cairnlea in April, he had become suspicious that you were again using illicit drugs, once you were away from his watchful eyes. For example, you would just come home and not talk to anyone and go to your room.
21 He stated that he had agreed to pay for the costs of your air fare and the most recent Naltrexone implant, just as he and your mother paid for the costs of your earlier implant and treatment, because, after the death of your father, he had become the head of the family. He stated that in the Vietnamese culture the bond of family is strong and they wanted to help you, but he would never give you money for heroin. He stated that you never discussed your addiction with him and probably were too ashamed to talk about it. He expressed the view that, because your addiction is so longstanding, you need someone standing over you forcing you to comply, just as Mr Le had been forcing you to comply with his work conditions. Your brother tearfully stated that, notwithstanding his brotherly devotion to you, this was the last time that he was prepared to come to one of your court cases and that, if you could not successfully comply with treatment for your drug addiction, then, he could not do it for you.
22 You personally gave evidence on oath at the deferred sentence hearing. You admitted that you had never received a second Naltrexone implant from Dr Jagoda. Rather, your second implant was the one implanted at the Western Australian clinic three days before the hearing. You admitted that you had not been to Dr Jagoda for urine screening since late last year and had stopped going to see Dr Elzo for counselling in or about May this year. You were very frank with the Court, in that you stated that you had used a bit of ice about one month after being released from custody in June 2015 and, for two or three weeks prior to May this year, had again smoked a few pipes of ice and then started using small amounts of heroin of approximately 0.3 grams daily. You stated that you stopped counselling in May 2016 because you were using drugs again. You had found it very hard to work as you had never had a job in your life, other than helping your parents in their garment making business in the past. This was during a two year period when you were drug-free after you got married in 2008. You admitted that you were late and missing work when initially employed by Mr Le in July because of your drug use. You also stated that, at one stage, you were suffering psychosis from use of ice and had been referred to the Sunshine Mental Health Clinic by your general practitioner because you were hearing voices and could not sleep. You had been prescribed Lantex, a sedative, to help you sleep, but you did not get referred for any other treatment and did not again seek out Dr Elzo for counselling.
23 Mr Vu, unhappily my assessment is that your addiction to heroin for in excess of 1 ½ decades has such a grip upon you that you lack the insight and will to be able to seek treatment if left to your own devices. You are extraordinarily lucky to have such a loyal and generous older brother and mother, who have stood by you throughout many years of offending. However, you are aged thirty-three years and you, and you alone, are the only person who can decide whether you will go on being a drug addict and wasting your life and being a menace to society by trafficking to other unfortunate drug abusers or whether you will turn the corner by seriously committing yourself to a course of treatment. You must realise that an addiction like yours is lifelong and, even with years of abstinence, it is lurking just below the surface. You need intensive treatment and will probably need to regularly attend Narcotics Anonymous meetings for the rest of your life.
24 You have a significant criminal history relating to your drug abuse, which, as I have stated, includes convictions for trafficking in heroin and other offences of possessing and using heroin and possessing money suspected of being the proceeds of crime. The offending for which I must sentence you involves trafficking in heroin in a total quantity of 235 grams. The heroin was in a mixture of powder and I find, in your case, that this is consistent with you, a heroin addict, cutting your heroin deal to on-sell in order to support your own habit. I have already referred to the thousands of dollars found by police in your possession. There is no evidence of enrichment, but illicit drugs are a serious evil in our community. One only has to look at yourself and see a wasted life because of addiction from the age of sixteen to thirty-three years to know the devastation that drug addiction causes. In addition, it places a great toll on our community because of associated criminal offending and the burden on health and rehabilitation services, law enforcement agencies, the Courts and correctional facilities. In sentencing you, the Court must denounce your conduct and emphasis must be placed upon general deterrence, as well as specific deterrence and protection of the community.
25 Last year when I heard the plea on your behalf, I considered that the assessment of Mr Newton along with your engagement with the CISP program, Dr Jagoda and Dr Elzo, and your preparedness to undertake work, gave some optimism for your rehabilitation and that is why I gave you the opportunity by deferring your sentence for a year. Unfortunately, despite the best efforts of your brother, you have been unable to demonstrate that that rehabilitation has taken place and you have specifically discontinued your engagement with both Dr Jagoda and Dr Elzo. This is in breach of the specific conditions attached to the deferred sentence. In these circumstances, I see no appropriate sentence other than a term of imprisonment. However, by reason of the following factors, I consider that this Court should still endeavour to promote your prospects of rehabilitation. The following factors in your favour support this proposition:
(1)You pleaded guilty to the offending at the earliest possibility at the first committal mention. I am satisfied that such pleas of guilty are remorseful insofar as you have the capacity to have insight into the consequences of your offending, and also that they show a willingness to facilitate the course of justice, as well as having a utilitarian value. For these reasons, you are entitled to a substantial discount on your sentence.
(2)In the past, you have shown that you are capable of abstaining from drug abuse for periods. Although it would appear that you were not abstinent for very long during the time of the deferred sentence, I consider that it is of some moment that you did engage for a period with Dr Jagoda and Dr Elzo. Further, it was your initiative, ultimately, to have a second Naltrexone implant inserted, albeit that this came very late, just shortly before you were due to reappear on the date of the deferred sentence.
(3)Notwithstanding your very lengthy period of addiction and that you have not ever really engaged in any meaningful work, except sporadically for your mother in or about 2009, it is of significance that you have managed to work part time, both for your brother and, more recently, Mr Le. Although you have had significant support in finding and maintaining this employment, it is to your credit that you have continued to try. In particular, I am told by your brother that you would drive yourself to Mr Le’s employment which began at 1.00am on the days that you were working for him. This Court is conscious that a long term addiction and lifestyle habits like yours are not easily overcome and the steps that you have made in engaging in employment are, at least, a start. It seems to me that apart from treatment for your addiction, you are in pressing need of assistance to achieve a higher level of literacy and vocational skills.
(4)Notwithstanding your failure to remain abstinent during the 12 month period of the deferred sentence, you abided by onerous bail conditions which included a curfew and an obligation to report three times per week to police. Indeed, whilst in Western Australia having the Naltrexone implant you acquainted the clinic with your obligation to report to police. This resulted in a letter being sent by that clinic to the Sunshine Police Station explaining that, contrary to your belief that you would be able to fly back to meet your reporting requirement, it was necessary for you to be observed for a period before you could return to Victoria. This document is Exhibit “8” and the fact that you ensured that it was sent shows a level of responsibility on your part. You also acted responsibly by making application to this Court to have your residential address changed as part of your bail conditions. Moreover, you have not engaged in any further criminal offending, apart from your use of illicit drugs.
(5)I accept that you have reduced your daily usage of heroin from 2.5 to 2.7 grams per day down to 0.3 grams per day. This is a substantial reduction, given the longevity of your drug habit.
(6)You have ongoing family support and are a devoted father to your infant son, Orlando. You have stable accommodation and will be able to work again in the fruit and vegetable market. These are factors which are in your favour and are not often seen where someone has been an addict for as long as you. They bode well for rehabilitation provided you can engage in treatment for your drug addiction and mental health issues.
26 Although you breached a Community-based Order in 2002 and 2007, I note that you successfully completed a Community Correction Order in 2012. You have been assessed as suitable for a Community Correction Order in a pre-sentence report dated 21 October 2016 authored by assessing Community Corrections Officer, Mr Glen Dowling. You have been assessed as being at high risk of reoffending by Mr Dowling. In my view, given that your offending lacks the callousness of someone who is driven by greed to feed on the misery of others, as distinct from being a demonstration of the desperate entrenched lifestyle of a drug addict, it is appropriate to give you a sentence which combines a term of imprisonment with a Community Correction Order.
27 Would you stand up, please?
28 On Charge 1, trafficking in a drug of dependence, you are convicted and sentenced to be imprisoned for a period of 4 months together with a Community Correction Order for a period of 3 years.
29 On Charge 2, possession of methylamphetamine, you are convicted and sentenced to be imprisoned for a period of 3 months.
30 On Charge 3, negligently dealing with the proceeds of crimes, you are convicted and sentenced to be imprisoned for a period of 4 months.
31 In the interests of totality, and taking into account that all offences were committed on the same date, I direct that 1 month of the sentence imposed on Charge 3 be served cumulatively upon the sentence imposed on Charge 1. Save for such cumulation, the sentences are to be served concurrently. The total effective sentence is thus 5 months' imprisonment. In arriving at this sentence, I have taken into account the fact that you served 23 days’ imprisonment in 2006 and, accordingly, it is appropriate that you should receive the benefit of this at the earliest possible opportunity. In addition, you have served 20 days’ pre-sentence detention in relation to the subject offences. Thus, I formally declare a period of 20 days’ pre-sentence detention to be time reckoned as already served under the sentence imposed this day.
32 The Community Correction Order is to commence immediately upon your release from prison and is for a period of 3 years. In accordance with s45(1) of the Sentencing Act, the terms of the order are as follows:
(a)you must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment;
(ab)you must comply with any obligation or requirement prescribed by the regulations;
(b)you must report to, and receive visits from the Secretary during the period of the order;
(c)you must report to the community corrections centre specified in the order within 2 clear working days after the order coming into force;
(d)you must notify the Secretary of any change of address or employment within 2 clear working days after the change;
(e)you must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary;
(f)you must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.
33 In addition, the following conditions are attached to the Community Correction Order:
(1)that you undertake 150 hours of unpaid community work;
(2)that you undertake treatment and rehabilitation for drug abuse as directed, including regular analysis of urine samples;
(3)that you undergo mental health assessment and treatment as directed;
(4)that you undergo programs to address your offending as directed;
(5)that you undergo employment, educational and personal development programs as directed;
(6)that you be supervised, monitored and managed as directed;
(7)that you must not attend Nicholson Street or Paisley Street, Footscray or associate with any person using or trafficking illicit drugs;
(8)that you reside at 10 Longwood Avenue, Cairnlea.
34 Mr Vu, I can only make this order if you consent to it. Are you prepared to consent?
35 PRISONER: Yes, your Honour.
36 Do you understand the terms and conditions, Mr Vu?
37 PRISONER: Yes, your Honour.
38 You must understand, Mr Vu, that if you breach any of these conditions or commit another offence, that breach of the Community Correction Order, in itself, is an offence. It is punishable by 3 months' imprisonment. In addition, you will be brought back before me and the very high probability is that I will sentence you to a further period of imprisonment.
39 Pursuant to s6AAA of the Sentencing Act, I state that, had it not been for your pleas of guilty, the total effective sentence would have been 4 years' imprisonment with a non-parole period of 3 years.
40 As you have been convicted of a Schedule 1 offence, namely trafficking in a drug of dependence and dealing with the proceeds of crime, and upon being satisfied that the property referred to in the Schedule is “tainted property”, I order pursuant to s33(1) of the Confiscation Act 1997 that the property referred to in the Schedule be forfeited to the Minister. This property comprises $24,396, one Samsun mobile phone, one Apple iPhone and one HTC mobile phone.
41 As you have been convicted of a Schedule 1 offence, namely trafficking in a drug of dependence and possession of a drug of dependence, and upon being satisfied that the property referred to in the Schedule is property that was used, or was intended to be used, in, or in connection with, the commission of the offence or was derived or realised, directly or indirectly, by that person or another person from the commission of the offence, I order pursuant to s78(1) of the Confiscation Act 1997 the forfeiture to the State of the property referred to in the Schedule. I further direct that it be placed in the custody of the Chief Commissioner of Police and be held by him until 28 days from this date or the conclusion of any appeal proceedings where it may be tested and/or analysed and then destroyed. The property comprises one plastic zip lock bag containing three further plastic bags of white powder; one plastic bag containing a large rock of compressed white powder; and one black zip up bag containing three plastic bags of white powder and one bag of crystal substance.
42 Mr Vu, is that your signature on the Community Correction Order?
43 PRISONER: Yes, your Honour.
44 HER HONOUR: And by that signature, do you tell this Court that you understand the terms and conditions of that Order?
45 PRISONER: Yes, your Honour.
46 HER HONOUR: And do you also, by your signature, agree to undertake and be bound by that Order?
47 PRISONER: Yes, your Honour.
48 HER HONOUR: Now, Mr Vu, you understand, don’t you, that this Order will come into operation as soon as you are released from custody?
49 PRISONER: Yes, your Honour.
50 HER HONOUR: And you need to be very, very aware that your successful rehabilitation us going to be heavily dependent upon you abstaining from drugs whilst you are in custody.
51 PRISONER: Yes, your Honour.
52 HER HONOUR: It’s an unhappy fact that unscrupulous people do traffick in drugs whilst in custody. You are going to have to do all that you can to try and guard against the temptation to take those drugs.
53 PRISONER: Yes, your Honour.
54 HER HONOUR: I hope that the fact that you have recently had a Naltrexone implant will help you in that, but you need to access any programs available to you, to help support you through this time in custody.
55 PRISONER: Yes, your Honour.
56 HER HONOUR: You also need to be very aware that the effects of that Naltrexone implant will be wearing off by the time you are released into the community.
57 PRISONER: Yes, your Honour.
58 HER HONOUR: That is a time when you are most at risk. You need to ensure that you engage in treatment as a matter of urgency as soon as you are released from custody.
59 PRISONER: Yes, your Honour.
60 HER HONOUR: You need to report to the Community Corrections Centre at Sunshine within two days of your release.
61 PRISONER: Yes.
62 HER HONOUR: Because that Order starts straight away as soon as you are released and it is absolutely crucial that you be linked with drug rehabilitation and with mental health support. You have got a wonderful family. As I have said, there are many, many people who do not have that sort of support, but, as I also said, you are the only person who can do this. If you breach this Community Correction Order, the high probability is that you will go to prison for a longer period of time and, if that happens, unhappily, I see your life as being one of an ongoing menace to the community and a wasted and tragic one. Just remember, that you have got that precious child, Orlando, You obviously have a strong bond with him. You obviously care for him deeply. If, at any stage, you are tempted to relapse, try and put Orlando in your mind, as well as your loving family who have bent over backwards to try and help you. This Court sincerely wishes you well with your rehabilitation, Mr Vu.
63 PRISONER: Thank you very much, your Honour.
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