DIRECTOR OF PUBLIC PROSECUTIONSvCYNTHIA FENECH
[2022] VCC 690
•19 May 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR-21-02069
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CYNTHIA FENECH |
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JUDGE: | HER HONOUR JUDGE CANNON |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 13 May 2022 |
DATE OF SENTENCE: | 19 May 2022 |
CASE MAY BE CITED AS: | DPP v Fenech |
MEDIUM NEUTRAL CITATION: | [2022] VCC 690 |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence - Pleas of guilty - Trafficking drug of dependence (commercial quantity) - Commit indictable offence whilst on bail (Summary offence) - Trafficking on 8 occasions over a period of 2 months - Highly organised behaviour with trusted role in sourcing and selling drugs - Trafficking drugs to fund own drug use and other expenses - Subject to bail at the time of offending - Extensive criminal record but no prior convictions for trafficking - Classified as serious drug offender after conviction on Charge 1 - Long history from young age of drug abuse - Very deprived background and childhood
Cases Cited: Bugmy v The Queen 249 CLR 57
Sentence:Convicted and sentenced to Total Effective sentence of 4 years’ imprisonment with a non-parole period of 2 years and 6 months’ imprisonment - 51 days pre-sentence detention declared as having already served as part of the sentence imposed - s.6AAA Sentencing Act 1991 - Ancillary order Disposal order
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr P. Raimondo | Solicitor for Public Prosecutions |
For the Accused | Ms M. Walker | Mel Walker Criminal Law |
HER HONOUR:
1Cynthia Fenech, you have pleaded guilty to two charges of trafficking in a commercial quantity of a drug of dependence. That offence has a maximum penalty of 25 years' imprisonment. You also pleaded guilty to the summary offence of committing an indictable offence whilst on bail which has a maximum penalty of three months' imprisonment.
2I must take into account the maximum penalties when sentencing you as these reflect the seriousness with which Parliament regards the offences.
3You were 38 at the time of the offending and you are now 40. At the time of the offending, you lived in rental premises in Ethel Street, Thornbury.
4You were on four sets of bail at that time.[1]
[1] Exhibit 18 Undertakings of bail HUB p430
BACKGROUND
5In October 2020, police began an investigation codenamed 'Operation MEASLES-2020' into the trafficking of drugs of dependence by you.[2] During the investigation the police used covert operatives.
[2] Statement of DSC PRASAD HUB p180
6On 19 November 2020, Covert Operative 347 whose undercover name was Laura met you in the cell area of the Preston police station. Laura asked you whether you knew where you could get a 'G', referring to one gram of methylamphetamine. You replied, 'Yeah, my place'.
7Laura then met up with you outside the Preston police station and asked if you were serious about the 'G'. You said you were and that you would sell Laura a 'G' for $500. Laura agreed to this price. You also said you had 'juice' (referring to GHB or 1,4-butanediol). Laura said she would also purchase this from you. You stated that you needed to go to Glenroy to pick up your supply. You provided Laura with your mobile phone number 0411 942 736.[3]
[3] Statement of CO347 HUB p38 - 40
8Police enquiries disclosed that that mobile phone number 0411 942 736 was registered with Optus under the name of a Reynan Kanindot of Bell Street, Preston.[4] Police believed that you registered the mobile number with fictious details in order to conceal your identity.
[4] Exhibit 13 OPTUS Subscriber Certificate for Telecommunication Service 0411 942 736 HUB p422
9After this first meeting with Laura, between 19 November 2020 to 28 January 2021, you sold methylamphetamine and 1,4-butanediol to covert operatives on eight occasions. On each occasion, all communications between you and the covert operatives were recorded and transcribed.[5] Some of the drug sales were observed by members of the Victoria Police State Surveillance Unit.[6] After each transaction, the covert operatives handed the drugs they purchased from you to the informant Detective Senior Constable Prasad and these were photographed[7], secured and subsequently submitted for drug analysis.[8]
CIRCUMSTANCES OF THE OFFENDING
[5] CO Transcripts HUB p199 - 400
[6] Statements of Surveillance Operatives 124, 179, 054, 194 & 057 HUB p 122 - 175
[7] Exhibits 1 – 12 Photographs HUB p 401 - 421
[8] Statement of DSC PRASAD HUB p180 - 186
Purchase # 1
10The detail in relation to each of the purchases was opened and are as follows. In relation to Purchase 1, on 19 November 2020, Laura and you exchanged messages organizing the purchase of methylamphetamine and 1,4-butanediol.
11At 9.54 pm, Laura and Covert Operative 345 or Jimmy arrived at your address in Thornbury. About five minutes later, you approached Laura and Jimmy's vehicle. You got into the back seat. You mistakenly provided them with three points, that is (0.3 of a gram of methylamphetamine for $100. Laura and Jimmy clarified their order and stated they wanted to purchase a 'G of cold' (one gram of methylamphetamine). They also asked how much 'juice' (that is 1,4‑butanediol) they could get for $100. You made a phone call and you then left the car and returned to the house.
12A short time later, you returned to the vehicle and placed a clear 'Pump' bottle containing a clear substance on the centre console. Laura took possession of the bottle and placed it in her bag. You then handed Laura a snap lock bag containing a clear crystalline substance and Laura placed the bag in her pocket.
13Laura and Jimmy enquired as to price for a 'ball' (3.5 gram of methylamphetamine) and you said, 'I'll do ya probably $1300, $1400.' You then stated you could do a 'quarter' (that is 7 grams of methylamphetamine) for $2000. You said that the quality of your methylamphetamine was good and that you had never had a complaint. You added that the GHB 'isn't dynamite' but you said that it was the general quality of GHB around at the present time. Laura and Jimmy then left the area.[9]
[9] Statements of CO347 HUB p38 – 44, CO345 HUB p58 – 65, CO Transcripts HUB p199 – 247 & Photographs 1 & 2
14On this occasion, you sold 1 gram of methylamphetamine [80% purity] and 45 grams of 1,4-butanediol, receiving $600 as payment for the drugs.
Purchase # 2
15In relation to purchase 2, on 26 November 2020 Laura and you exchanged messages to arrange the purchase of a 'ball' (that is 3.5 gram of methylamphetamine).
16At 12 pm, Laura and Jimmy arrived at your address and called you to let you know they were there. You approached their car and sat in the back seat. You then handed Laura a snap lock bag containing a white crystalline substance and Laura put it in her pocket. Jimmy handed you $1300 as payment.
17Jimmy asked you if you could supply larger quantities of 'juice'; you asked, 'Are you talking drums?' Jimmy asked you if you could supply litres, which you confirmed you could. You stated it would cost $1300 per litre but that the quality of the product 'isn't the best'. [10]
[10] Statements of CO347 HUB p45 – 50, CO345 HUB p66 – 72, CO Transcripts HUB p248 – 254 & Photograph 3
18On this occasion, you sold 3.5 grams of methylamphetamine [82% purity] and received $1300 as payment for the drugs.
Purchase # 3
19In relation to purchase 3, on 3 December 2020, Laura contacted you to arrange the purchase of a 'ball' (3.5 grams of methylamphetamine) and two litres of juice (2 litres of 1,4-butanediol). You said that the price would be $1300 for the ball and $1400 for the juice. Laura negotiated the price for the 1,4-butanediol to $1300 per litre and agreed on a total price of $3,00. Laura told you that she could not come, and that Jimmy would attend your place after he finished work, and she gave Jimmy's mobile number to you.[11]
[11] Statements of CO347 HUB p51 – 54
20Jimmy and you made arrangements to meet at a bakery in Hadfield. At 7.33 pm Jimmy arrived at there and you arrived at 7.40 pm. You got in the passenger seat of Jimmy's car. He confirmed that he wanted two litres and a ball. You directed Jimmy to drive to 95 East Street, Hadfield.
21You and Jimmy entered the premises where you were greeted by a female who introduced herself as 'Anne-Marie'. You and Jimmy both sat in the lounge room with 'Anne-Marie'. Jimmy handed you $2600 to pay for the 1,4 -butanediol.
22You both then entered a room where a man introduced himself as 'Hussan'; an unknown female was also present. You told the unknown female that you had 'four-two, fifty', being $4250.00 and asked for 'the usual' and an 'eight ball' (being the 3.5 gram of methylamphetamine) to be supplied to Jimmy. Hussan counted the money and told you that you gave him $4300 and went to return it, but you said not to worry about it. The unknown female weighed up two amounts of the crystalline substances, one for you and one for Jimmy.
23You then pointed out two one-litre bottles on some shelves and asked Hussan if they were 'the drinks', to which he said yes and asked who they were for. You said they were for Jimmy and then Hussan passed the bottles to him.
24You and Jimmy left the address and Jimmy drove back to your car and parked near the bakery. Jimmy then handed you another $1300 to pay for the 'ball'. You then left.[12]
[12] Statements of CO345 HUB p73 – 81, CO Transcripts HUB p255 – 277 & Photograph 4 & 5
25On this occasion, you sold 3.7 grams of methylamphetamine [83% purity] and 1871.4 grams of 1,4-butanediol and received $3900 as payment for the drugs.
Purchase # 4
26In relation to purchase 4, on 11 December 2020, Laura contacted you to arrange the purchase of a 'quarter bag' (7 grams of methylamphetamine). You advised that the price would be $2400. Laura negotiated the price to $2000. It was agreed that they would meet at your home. Laura advised that she could not make it so Jimmy would come instead.[13]
[13] Statement CO347 HUB p 55 - 57
27At 12.04 pm, Jimmy arrived at your house. You arrived shortly after and invited Jimmy inside. They both entered the house. Jimmy waited in the loungeroom whilst you went into the bathroom. Also in the lounge room were an unknown male 1 and female, referred to in the opening as I understand it as female 1. Another unknown female, female 2, named Jade also attended the address.
28You returned and directed Jimmy to the bedroom where he was introduced to an unknown male 2 called Scott. Jade and another unknown male 3 also entered the bedroom. Unknown male 3 then handed you some money. Jimmy handed you $2000 which you counted and then handed to Scott. Scott then produced some plastic clip seal bags that contained a crystalline substance. You then used a set of digital scales to weigh out smaller portions of the crystalline substance and placed it into two bags. You gave one bag to an unknown male 3 who left. You gave the other bag to Jimmy and Jimmy also left the premises.[14]
[14] Statements of CO345 HUB p82 – 88, CO Transcripts HUB p278 – 301 & Photograph 6
29On this occasion, you sold 6.9 grams of methylamphetamine [83% purity] and received $2000 as payment for the drugs. As I understand it, that is in relation to the drugs that you sold to Jimmy.
Purchase # 5
30In relation to purchase 5, on 17 December 2020, Jimmy contacted you to arrange the purchase of a 'ball' (3.5 grams of methylamphetamine) and three 'drinks' (three litres of 1,4-butanediol). Jimmy and you made arrangements to meet in Footscray.
31Jimmy arrived at the location in Ryan Street Footscray, near the intersection of Moore Street. Jimmy then received a call from you saying you were there. He saw you and walked to your car and sat in the passenger seat. Jimmy re-confirmed the order and asked if you could do it for 'five' ($5000). He then handed you $5000 and you left the car, entering premises at 62 Moore Street, Footscray via a rear roller door. Jimmy observed a female he believed was your drug supplier also attend the premises.
32At about 6.02 pm, Jimmy observed you on the north-west corner of Moore Street with an unknown male. You then walked back to the car and got in the driver's seat. You handed Jimmy a Coles bag, which contained three one litre Mount Franklin bottles containing a clear liquid. You then handed Jimmy another Coles bag which contained a clear plastic clip seal bag. This contained a quantity of clear crystalline substance. Jimmy also observed you had another Ziploc bag which contained, on his estimate, about 14 grams of a crystalline substance. Jimmy then returned to his car and left.[15]
[15] Statement of CO345 HUB p89 – 96, CO Transcripts HUB p302 – 323 & Photograph 7 & 8
33On this occasion, you sold 3.4 grams of methylamphetamine [83% purity] and 2915.5 grams of 1,4-butanediol, receiving $5000 as payment for the drugs.
Purchase # 6
34In relation to purchase 6, on 28 December 2020, Jimmy was partnered with an undercover operative by the name of Rama. Jimmy contacted you to arrange the purchase of a 'Q' (which is 7 grams of methylamphetamine) and three 'drinks' (three litres of 1,4-butanediol). You said that you would contact your supplier, but they were having trouble getting the drinks. Jimmy said that they would come and see you for the 'Q' and you could let him know when you could get the drinks again. At about 5.25,pm, you called Jimmy and advised him that you could get the drinks and that they were coming from '[your] source' but the price had gone up to $1400 a litre because it was so dry. Jimmy advised you that they only had $6000 for the lot (that is the methylamphetamine and 1,4‑butanediol) to which you said you would work something out and would cover a 'couple of hundred' for them.
35At about 6.39 pm, Jimmy and Rama met you at your house. You got into the rear passenger seat. You handed Jimmy six Frantelle brand water bottles. You then handed Rama a clip seal bag containing a clear crystalline substance. Rama handed you $6000.[16]
[16] Statement of CO345 HUB p97 – 105, CO Transcripts HUB p324 – 359 & Photograph 9 & 10
36On this occasion, you sold 7 grams of methylamphetamine [80% purity] and 2799.3 grams of 1,4-butanediol, receiving $6000 as payment for the drugs.
37After the drug sale on this occasion, at 9.47 pm, Jimmy phoned you and you discussed Rama dealing directly with your supplier. You resolved to keep things the same for now and that you would deal with Jimmy as you wanted him to make some money. Jimmy explained he was only making $50 a litre on the 1,4-butanediol. You said that he was taking all the risk by transporting it. You added anything over 2 litres of 1,4-butanediol was commercial and that he would be doing five years' gaol for that.[17]
[17] Statement of CO345 HUP p102 - 104
Purchase # 7
38On 7 January 2021, Jimmy contacted you to arrange the purchase of 'two bags' and 'two litres' (56 grams of methylamphetamine and two litres of 1,4‑butanediol). You said that you had no drinks and that you were seeing a new supplier for the methylamphetamine. You added the quality of the methylamphetamine was better. You agreed to meet.
39At about 3.02 pm, Jimmy met you at Thomastown Recreational and Aquatic Centre. You were with an unknown male you referred to as Dylan. You got in the front passenger seat of Jimmy's car and said that your new supplier was going to attend. Jimmy handed you $10,000. You and Dylan then approached a Holden that had arrived. You returned to Jimmy's vehicle where you handed him a bag containing a clear crystalline substance. You then got out of Jimmy's car and Jimmy drove off.[18]
[18] Statement of CO345 HUB p106 – 112, CO Transcripts HUB p360 – 382 & Photograph 11
40On this occasion, you sold 55.8 grams of methylamphetamine [87% purity] and received $10,000 as payment for the drugs.
Purchase # 8
41On 28 January 2021, Jimmy contacted you to arrange the purchase of a 'bag' (that is 28 grams of methylamphetamine). You advised that the price would be 'five' ($5000). You arranged to meet in Cardigan Street, Carlton.
42At about 5.04 pm, Jimmy met with you and you then attended 463 Cardigan Street which was your new supplier's address. Jimmy handed you $5000. You went into the house and Jimmy waited in your car. You returned to your car and sat in the driver's seat. You produced a bag of drugs and you weighed out an amount of the drugs and placed them in a plastic clip seal bag and handed them to Jimmy. You then drove Jimmy back to his car and you both left. [19]
[19] Statement of CO345 HUB p116 – 121, CO Transcripts HUB p383 – 400 & Photograph 12
43On this occasion, you sold 27.9 grams of methylamphetamine [90% purity] and received $5000 as payment for the drugs. This was the final drug transaction.
44In total, between 19 November 2020 and 28 January 2021, you sold 109.2 grams of methylamphetamine which upon analysis was 95 grams pure methylamphetamine. The commercial quantity for methylamphetamine is 50 grams pure. You also sold 7.631 kilograms of 1,4-butanediol. The commercial quantity for that substance is 2 kilograms.[20] You received $33,800 for the sale of the drugs to the covert operatives.
[20] Exhibit 14 Certificate of Analysis HUB p425
45On 17 May 2021, police attended at the Dame Phyllis Frost Centre to question you regarding these matters. A record of interview was conducted[21] and you made a no comment interview. However, when asked specifically whether you knew a person named Jimmy, you responded that you did not know any such person.[22]
[21] Transcript of Record of Interview HUB p188
[22] ROI Q & A 35 – 39 HUB p193
46You were charged and remanded in custody.
47Ms Fenech, your offending is most serious and calls for a punishment which is just in all the relevant circumstances. Your conduct must be firmly denounced. On eight separate occasions over a period of just over two months, you trafficked significant quantities of methamphetamine and 1,4-butanediol to people who hardly knew you and you hardly knew in order to make money and help feed your own drug addiction and pay for other expenses. The total quantities which you sold were well in excess of the applicable thresholds for commercial quantity, with the methamphetamine being more than double the threshold and the quantity for the 1,4-butanediol being nearly four times the applicable threshold for that drug.
48You behaved in a highly organized fashion and obviously knew a good deal about what you were selling and what you were doing. Whilst your role was not at the top of any hierarchy, it was a central and a trusted one involving you selling substantial quantities to others for substantial amounts which you sourced from suppliers that you were able to select. It is an aggravating feature of your offending that you were subject to four lots of bail at the time. Having said this, I have been careful not to doubly punish you in this regard as you are also to be sentenced for committing an indictable offence whilst on bail. Fortunately, you were dealing with undercover operatives, but as far as you were concerned of course, you were dealing with members of the public, expecting full well that they would be passing on the product to others in our community.
49I accept that you were helping to fund your own drug addiction and to pay for other expenses, including rent and a drug debt and I understand also you were enmeshed in gambling as opposed to supporting a lavish lifestyle. As I say, I understand that you also became involved in gambling and you were trying to pay off some debts which led to further losses. In these circumstances, as well as your deprived background to which I shall refer in more detail in a moment, I find that your moral culpability is fairly high. It would have been even higher in the absence of all these circumstances and if you were motivated by pure greed.
50It has often been said that drugs are a scourge on our community. Their proliferation and use begets misery not only to the drug user but to those around them, and often to the broader community. Strong weight must attach to general deterrence in a bid to deter others from offending as you have, although I have reduced the weight to some degree in your case for reasons I shall enunciate in due course.
51In sentencing you, I take into account your criminal history which is extensive and dates back to December 1999. You have numerous prior convictions for dishonesty offences, some offences for violence, driving offences, drug possession, and breaching or failing to comply with bail conditions and other court orders. I was told that you have a subsequent conviction for trafficking 1,4‑butanediol and methamphetamine, which saw you released on a drug treatment order in May last year.
52However, the commission date for this offending dates back to 15 April 2020 so it happened before the offending for which I now sentence you. I understand that your partner was also charged in relation to this offending, which related to the finding of drugs concerned at your premises. The trafficking was put on the basis that you were in possession of the drugs for sale. I understand that as at the time of the plea hearing before me, you were awaiting the hearing in respect of cancellation of the drug treatment order which you failed to comply with. If cancelled, you would owe 451 days' gaol, all or some of which might be imposed. I was updated today by Ms Walker who indicated that the learned magistrate has adjourned that hearing off to 31 May and is awaiting to see what will happen in the matters before me in terms of sentence.
53I was told that you also had a consolidated plea of 12 charges including committing an indictable offence whilst on bail, burglary, theft, assaulting an emergency worker and driving offences with commission dates ranging from 6 October 2020 to 19 January 2022. You were also to be dealt with in respect of a contravention of a community corrections order as varied in 2018.
54Although your criminal history is most substantial, this is the first time you have committed trafficking offences.
55In your favour, in respect of the matters before me, you pleaded guilty at an early stage which entitles you to a significant discount in the sentence you would otherwise receive as you have saved the witnesses the time and trouble of giving evidence and you have saved the community the time and expense of contested proceedings. You are entitled to a further and palpable reduction in sentence due to the fact that by pleading guilty during the pandemic you have helped reduce the backlog of cases in this court.
56Despite the concession made by the prosecution, I do not accept that you have much in the way of remorse for your offending. I am sure that you are sorry that you were caught and for your present predicament but the deliberative and repeated nature of your offending against a backdrop of a significant criminal history does not reflect that you are sorry for what you have done insofar as it had the potential to harm others. In saying this, I am fully cognisant of the fact that you were dealing with undercover officers such that the drugs were not sold further on but as far as you were concerned this is what was going to happen. Part and parcel of your deprived background and drug addiction have, no doubt, contributed to your lack of insightful remorse.
57In sentencing you, I take into account your background.
58You had a traumatic childhood, subjected to psychological and emotional abuse at the hands of your father, who was sadistic towards people and also towards animals. You saw him terrorise and physically abuse your mother and your brother, who was seven years older than you. You also recall at least two occasions when he tortured and killed animals in front of you when you were a child. He left the family on Christmas Eve when you were nine years old. Despite separation, he continued to abuse your mother in various ways including physical abuse and sent others to do the same.
59Your mother worked three jobs to support the family.
60After your father left, your brother took on a father role and was extremely controlling.
61You left the family home in your mid-teens, living with a cousin. In this setting, you increased your use of substances. However, you were still able to complete Year 11, which says something about your level of intelligence. After leaving school, you worked in various positions for a number of years until your late 20s. Unfortunately, your substance abuse and criminal offending reached a level where you could no longer hold down a job.
62Sorry, Ms Walker, I think I have mis-recorded. The brother was actually older, is that right, than Ms Fenech? I might have that wrong. Anyway, I will come back to that in due course.
63MS WALKER: I will have a look at that.
64HER HONOUR: Yes. You commenced using cannabis and alcohol at the age of 14 or 15. You started using amphetamine type stimulants, prescription sedatives and opiate-based drugs from the age of 18, and GHB from the age of 36.
65I was told that your use of ice and GHB has led to criminal offending, imprisonment and various other sanctions. As is usually the case, it has also led to you experiencing difficulties in your relationships and the removal of your children from your custody.
66I am prepared to find and give full weight to your deprived background, that is your childhood, which saw you turn to drugs and criminal offending. This was the context in which you committed the offences before me, however, although your moral compass has been impacted by your upbringing and resort to drug use, you knew very well that what you were doing was illegal as some of the material before me indicates. I have made some reduction in respect of your moral culpability and the weight to attach to specific deterrence, just punishment and general deterrence in view of these considerations. However, these also contribute to the need to give rather solid weight to protection of the community.
67At the plea hearing, your counsel did not press for the reductions to which I have just referred. However, having considered your situation and relevant case law, I have taken the view that these reductions are appropriate.
68I was told that you have two children, being a 17-year-old daughter and a 10-year-old son. Your daughter is living with her boyfriend now. Before this, she was living with your mother. She had not lived with you for some time. Your son is living with your mother. You have a good relationship with your mother and with the father of your youngest child, who has been your partner on and off for many years.
69I was told that between 2018 and 2020 you were living at the Thornbury address which had been arranged through Women's Housing. Your partner had his two children from another relationship living with you at that address. You had been working with the Department of Families Fairness and Housing (DFFH) toward reuniting with your son. You have had a lengthy involvement with the Department of Families Fairness and Housing or their equivalent due to exposure to drug use and criminal activity and you completed the Family Drug Treatment Court program led by the Children's Court of Victoria, which is a year-long program between 2018 and 2019. This had resulted in your son being returned to your and your partner's care.
70He had been back with you for a short time. However, after your house was subject to a home invasion, all children were removed, your partner's children are now living with their mother.
71Sadly, your grandfather died just after Christmas 2021 and in January 2022, the father of your daughter died of a heroin overdose three weeks after he was released from gaol.
72After the home invasion and the children were removed, you gave up living at the house and lived in hotels, engaging in heavy drug use. You were using about one gram of ice and 50 mils of GHB every day. I was told that were living at a motel in Thornbury when you were arrested and remanded in custody on 4 March 2021.
73I was told that these events led you to lose control of your drug use again.
74I understand that you wish to be reunited with your son once more and DFFH are prepared to work with you toward this goal. I allow for the fact that time in goal has been and will be harder for you due to your concern for your son and due to the various restrictions, including in person visits and available programs, that have been and will be in place due to the pandemic.
75I was told that you are working in the kitchen at the prison seven days a week and that after your most recent arrest in February this year, you underwent detoxification. Unfortunately, you had not been able to get on the methadone program.
76In sentencing you, I have also taken into account in a general way the report of Ms Ferrari, psychologist, although this is somewhat dated, having been prepared in respect of other charges in 2017. It makes for very sad reading, especially in view of your stated resolutions at that time in respect of you changing your ways and disconnecting from drug associates. It was not argued that any Verdins considerations apply in your case.
77I was given details in respect of charges faced by some of the other offenders referred to in the course of the prosecution opening, however, the matters that they face have insufficient in common with your offending to make parity considerations all that relevant. In any event, it did not appear that any had been finally dealt with as at the time of the plea hearing.
78In all of the relevant circumstances, I find that your prospects of rehabilitation are rather grim, I am afraid, and I must give fairly substantial weight to specific deterrence even though I have reduced the weight somewhat due to Bugmy considerations. The Bugmy considerations have also led me to reducing to a slight extent the weight that I would otherwise attach to general deterrence.
79The offences on the indictment which you have committed are Category 2 offences which means that unless an exception applies, you must serve a term of imprisonment. You do not argue that any exception applies, and it is accepted in any event that a custodial sentence which involves a non-parole period is warranted. After your conviction on Charge 1, you are to be sentenced as a serious drug offender which means that there is a presumption of cumulation in respect of Charge 2. However, a disproportionate sentence is not sought as the principle of totality can well cater for your offending.
80I have had regard to current sentencing practice but bearing in mind that this is but one and not a controlling factor in sentencing you.
81Your counsel Ms Walker submitted that you were not beyond hope and asked that I do what I could to see you being eligible for a rather lengthy parole period. I accept that you are not beyond hope, and I do not intend to impose a crushing sentence upon you. I have done what I can not to do so. There is nothing in the matters put before me which would justify an inordinately lengthy gap between the non-parole and parole period, I am afraid. Bearing in mind all the relevant matters in your case, I have arrived at a sentence which, in my view, adequately addresses the weight which needs to attach to all sentencing considerations. I do hope that you use this time in custody to finally rid yourself of your drug addiction in the hope that you will be reunited with your children upon your release.
82You are convicted of the offences. You are sentenced to two years six months' imprisonment in respect of Charge 1 and three years five months' imprisonment in respect of Charge 2. You are sentenced to three months' imprisonment in respect of the summary offence.
83I direct that six months of the sentence from Charge 1 and one month from the summary charge be served cumulatively with the sentence on Charge 2, producing a total effective sentence of four years' imprisonment and I direct that you serve two years six months before becoming eligible for parole.
84If not for your pleas of guilty, I would have sentenced you to a total effective sentence of six years' imprisonment with a non-parole period of four years.
85I declare that you have already served 51 days pre-sentence detention which will be deducted from this sentence.
86Is there anything arising that, Ms Walker?
87MS WALKER: No, Your Honour. Answer to your question, he is older.
88HER HONOUR: Yes, I thought he was older.
89MS WALKER: Yes.
90HER HONOUR: I am sorry, I will amend my remarks to reflect that he is in fact older than Ms Fenech to the extent of seven years. Yes, thank you. Mr Raimondo, anything arising?
91MR RAIMONDO: No, Your Honour.
92HER HONOUR: All right. Yes, thank you. Now, did you want to have a quick word with your client over the airways?
93MS WALKER: If I could.
94HER HONOUR: All right. Look, I will adjourn and Mr Raimondo will cut transmission and if you could just let my tipstaff know when you are ready to have the transmission turned off. I think we have only got an hour anyway.
95MS WALKER: As the court pleases. Thank you.
96HER HONOUR: Thank you.
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