DIRECTOR OF PUBLIC PROSECUTIONSvSAMUEL SHARROCK
[2022] VCC 415
•23 February 2022
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL JURISDICTION
CR 21-01486
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| SAMUEL SHARROCK |
---
JUDGE: | HER HONOUR JUDGE SYME |
WHERE HELD: | Melbourne |
DATE OF HEARING: | |
DATE OF SENTENCE: | 23 February 2022 |
CASE MAY BE CITED AS: | DPP v Sharrock |
MEDIUM NEUTRAL CITATION: | [2022] VCC 415 |
REASONS FOR SENTENCE
---
Subject: CRIMINAL LAW
Catchwords: Trafficked in a Drug of Dependence - Possess a Drug of Dependence
Methylamphetamine- Imitation Firearm- Knuckledusters- Alprazolam – Butanediol- Controlled Weapon – Xanax – Alprazolam -
Legislation Cited: Sentencing Act 1991 (Vic)
Cases Cited: Verdins v The Queen (2007) 16 VR 269
Sentence: 3-year Community Corrections Order, Imprisonment.
---
APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms. A. Watson | Office of Public Prosecutions |
For the Accused | Mr L. Barker |
HER HONOUR:
1In this matter, Samuel Sharrock has pleaded guilty to a number of matters. They are:
(i)Charge 1, Between 12 October 2020 and 1 November 2020 trafficked in a drug of dependence, namely 1-4 Butanediol. The maximum penalty for that offence is 15 years.
(ii)Charge 2, On 1 November, 2020, possess a drug of dependence namely Alprazolam, the maximum penalty for that offence is one year's imprisonment or 30 penalty units.
(iii)Charge 3, At Maribyrnong between 29 April 2020 and 1 November 2020, you trafficked in a drug of dependence namely methylamphetamine, the maximum penalty for that offence is 15 years’ imprisonment.
(iv)Charge 4, At Point Cook on 1 November 2020 and being a prohibited person, you possessed an imitation firearm. The maximum penalty for that offence is ten years’ imprisonment.
2You have also pleaded guilty through your counsel to a number of related summary offences. I must put those on the record and I will do so in summarised form. They are:
(i)On 1 November, you did possess a controlled weapon which was a knife. The maximum penalty for that offence is one year's imprisonment.
(ii)That on the same date you did possess a prohibited weapon without an exception, namely knuckledusters, the maximum penalty for that offence is two years’ imprisonment.
(iii)That on the same day at the same place, you drove a motor vehicle on Monash Street, without being the holder of a driver's licence or permit authorising you to do so and without being exempt from holding such a licence or permit. The maximum penalty for that offence is six months' imprisonment.
(iv)That same day at Maribyrnong, you did comment an indictable offence, namely possession of a drug of dependence whilst on bail. The maximum penalty for that offence is three months’ imprisonment.
(v)The same day at the same place, having been granted bail, without reasonable excuse did contravene the conditions of bail, namely the condition of a curfew. The maximum penalty for that offence is three months' imprisonment.
(vi)The same day at Point Cook, you did possess a prohibited weapon without an exemption, namely knuckledusters. The maximum penalty for that offence is two years' imprisonment.
(vii)That on the same day at Point Cook did possess a cartridge of ammunition without being the holder of a licence. The maximum penalty for that offence is 40 penalty units, and finally the summary offence that on the same day at Maribyrnong you drove a motor vehicle whilst impaired by a drug.
3The facts are as contained in the summary of prosecution opening and are not in dispute. Very briefly, the facts are that on 1 November, you were driving a motor vehicle whilst under the influence of methamphetamine to the extent that you lost control of the vehicle colliding with a power pole.
4When police arrived, they suspected you, from your presentation, to be affected by a substance as you were unable to communicate clearly, and you were unsteady on your feet. No alcohol was detected in your system but ultimately a blood sample taken at hospital was obtained which showed you had 0.6 milligrams per litre of methylamphetamine in your system.
5 Further inquiries were undertaken and a search of the vehicle located a number of items which are included in paragraph 8 of the summary of prosecution opening. Those items are:
(i)4 one litre Mount Franklin water bottles, containing in total 3854.6 grams of liquid containing 1-4 Butanediol sealed with black electrical tape and those items were located in the centre console. That relates to Charge 1, trafficking in that substance.
(ii)A knife in a black sheath, located on the driver's seat. This relates to one of the summary charges, possession of a controlled weapon without excuse.
(iii)A black backpack was located on the rear passenger seat. In the backpack, were the following items; eight Palmer brand bottles of Alprazolam, also known as Xanax, a total of 374 prescription tablets. This relates to possession of a drug of dependence.
(iv)Next three glass ice pipes, a set of scales, two Apple iPad computers, an Apple iPad, a toiletry bag containing a large number of small snap lock bags, knuckledusters relating to one of the other summary charges, and four SIM card starter packs.
6I pause here to observe that a number of those items are commonly what are called as indications of your involvement in trafficking or supply of prohibited substances.
7 You were taken to hospital, certain inquiries occurred and you were arrested. After you were arrested, further items were located including an Apple iPhone, $2318 in cash, approximately four grams of methylamphetamine, a further 15 Xanax tablets. You indicated that the methamphetamine and Xanax were for your personal use and that is accepted.
8A search warrant was conducted of your premises at Keel Street, Point Cook. In the garage of those premises were located other items referred to in the summary charges, including a further small quantity of methylamphetamine, an imitation firearm, knuckledusters and a shotgun shell.
9Located inside the home was a further shotgun shell, two Kalma brand bottles of Alprazolam, $5AUD currency, one gold-coloured ammunition round, and further indicia of drug use including a syringe and empty bottles.
10The primary charges are put on the basis that you were engaged in the business of trafficking between 12 October and 1 November 2020 in relation to the substance 1-4 Butanediol. You were in possession of a commercial quantity of that substance and you were directly trafficking at a small scale. That is accepted.
11The evidence of trafficking was obtained ultimately on your iPhone, and examples of the messages are detailed in paragraph 22 of the prosecution opening. Those observations are not in dispute. I do not propose to read them all on the record, it is not necessary.
12Charge 3 is also put on the basis that you were in the business of trafficking in the drug methylamphetamine. You were in possession of a trafficable quantity of that substance for sale, and again the evidence in relation to that was obtained on your iPhone.
13It is observed that notes relating to the costs of particular drugs and a list of peoples' names and other details and various amounts of money was found noted on your iPad.
14At the time of your arrest, you were on bail for other matters for which I acknowledge you have now been sentenced. These offences therefore represent a breach of those bail conditions, obviously to not commit offences while you were on bail. Some of the summary matters relate to those issues.
15After you were arrested on the current matters, you were remanded in custody from the date of your arrest, which was 1 November 2020.
16You were granted bail on 18 February 2021, the court at that time agreeing that you would be a suitable candidate to undertake a form of substance abuse rehabilitation within the community.
17I note you have served a total of 109 days in custody and that will be taken into account in the ultimate sentence that is to be imposed.
18You have, to a greater or lesser extent, been involved in that rehabilitation that you were bailed to undertake since February 2021.
19It is noted that you pleaded guilty at the first available opportunity. The prosecution fairly concede that s 6AAA of the Sentencing Act applies. A plea of guilty during the current pandemic situation does entitle you to a more pronounced amelioration of your sentence than perhaps you might be entitled to at other times. A plea of guilty always entitles you to a consideration on sentence. That is noted and accepted.
20In assessing the nature and gravity of the offending, it is not in dispute that an important feature is the large quantity of Butanediol located in your vehicle while you were driving.
21On the further evidence provided, I accept submissions and it is not in dispute, that you trafficked at least 50 grams of that substance which is a relatively minor proportion of what was found in your possession. It was submitted, and not in dispute, that you were engaged in trafficking the drug methylamphetamine in at least the amount of four grams.
22It is submitted, and not in dispute that you offended for profit and in order to support your own drug use. The presence of weapons including a knife and knuckledusters are worrying and aggravating features combined with anybody who is in the drug supply business. The same can be observed with respect to imitation firearm, knuckledusters and a shotgun shell or ammunition located in your home.
23The prosecution submit that your moral culpability is high. They do concede that to some extent the observations in Verdins case apply. The submission that your moral culpability is reduced is based largely on your self-report to psychologist, Ian McKinnon, who reported on your position on 6 February 2022.
24As a result of your self-report to Mr McKinnon, he assessed that at the time you presented as suffering from symptoms consistent with a chronic bipolar affective disorder and most certainly, a polysubstance abuse disorder.
25However, as indicated in discussion with your counsel, I can only place a limited weight on those observations and possible diagnosis as Mr McKinnon also reports that during the interview process with him, you were, on his observation, very clearly under the influence of substances and presented in a mentally disordered state due to that intoxication. Any consideration of your psychiatric presentation might be resolved further on and I will deal with that later.
26The diagnosis of poly-substance abuse disorder made by Mr McKinnon is not, however, surprising given the circumstances of this particular offence, the reports of Ms Brown, a clinician at Lamberti and Associates over a period of a year, in addition to the pathology reports that were available to me at sentence covering the period from February to April 2021. I observed that benzodiazepines were detected in your system on a frequent basis.
27It is for that reason that I requested Corrective Services receive a comprehensive set of your pathology reports and I assume it has occurred. Corrective Services need to understand more accurately your substance abuse position as it currently is.
28Having said that, I accept that rehabilitation from a significant substance abuse often involves two steps forward and one step back, but it is important that the truth is told in relation to your current circumstances.
29I have also been referred to a letter of significant support from your partner, Ms Grozdanoski - I hope I have pronounced that name correctly.
30OFFENDER: Yeah, close.
31HER HONOUR: Sorry?
32OFFENDER: Close. It's Grozdanoski.
33HER HONOUR: Pretty close, okay.
34In his submissions, your counsel pointed out the importance of that letter of support, and I accept it is useful. There is no doubt that your partner supports you and that is helpful in your rehabilitation, as is her report that other members of your extended family also still maintain their support of you.
35No doubt the support of your family and your partner are vital to your own ongoing welfare and it is hoped, sir, that you recognise the importance of that support.
36OFFENDER: Yep.
37HER HONOUR: I find that your main psychological and psychiatric difficulties revolve around your long-term drug use and addiction, which no doubt had an effect on your personal and emotional presentation. It must be noted that such an addiction cannot absolve you totally of moral culpability for the offending behaviour. You were apparently, obviously highly intoxicated at the time of offending, but that alone does not absolve you of responsibility for the offending.
38It goes without saying that the community was very lucky that you only hit a power pole in your intoxicated state and not another motor vehicle or other people.
39I can promise you sir, that had that occurred, you would be before the court on a much more serious charge today and we would not be discussing a feature of whether or not you should spend more time in custody, but how many years that custodial sentence would be. You must understand that.
40As your counsel acknowledges, offences of this type are serious, notwithstanding the low-level objective seriousness involved in each of these separate charges. The point he makes very clearly and properly in his submissions, is that he concedes at the outset that all matters involving drug trafficking are serious and I might say the possession of weapons and/or firearms, even imitation firearms, are a worrying feature of these matters.
41For your part, in your favour is of course your early plea of guilty showing an acceptance of responsibility and the fact that you have no prior criminal history. That observation, I must say, is surprising to me for one who has such a long-standing substance abuse history. It is a matter in your favour. These offences were committed on bail however, and I note you have been sentenced in the Magistrates' Court for other offences and that you have been subject to a community corrections order for those offences since August 2021.
42The report from Corrective Services as to your current response is instructive. The writer of the report indicates that they have contact with your current case manager regarding your progress on the order, and that your current case manager is of the view that you are suitable for the imposition of a further order at this time. It is noted that you have shown satisfactory compliance with your current order to date.
43It is noted that you attended the suitability assessment via a phone call, but you have complied with all other reporting. You have indicated that you understand the further conditions of a CCO as are recommended.
44They further recommend that a further condition be imposed to include treatment and rehabilitation for programs to reduce reoffending be an additional condition on your CCO.
45They further note that you have been assessed as a high-risk of general reoffending and a supervision condition is also recommended. The purpose of this is so the service can monitor your progress against order conditions and engage in case management strategies.
46It is also noted that during the current offending, the one I am dealing with, you reported daily use of methylamphetamine. You indicated, but at least you acknowledge, that the drug use significantly impacted your behaviour at the time and your offending occurred in that context. I accept that.
47For that reason, a drug treatment condition is endorsed to further explore options in this area. Now what that means sir, is that if you are directed to attend any form of drug treatment program, including a residential drug treatment program if that is thought to be appropriate, then you must go. It also means, sir, that if you are asked to undertake urinalysis testing, then you are required to do that.
48Now, obviously in recent times when you were being interviewed by Mr McKinnon, there is a suggestion that you were under the influence of something or other at that time. I do not need any further information on that. Clearly your drug addiction problem is a long-term one, it will take a very long time for you to resolve that issue.
49I also note that Corrective Services have indicated you are suitable and ready, willing and able to undertake unpaid community service work.
50I also note in your favour that during the long delay between these offences being committed and the sentence being imposed today, you have undergone significant counselling with Ms Brown.
51She reports, quite optimistically, that in her report on 14 February 2022, that notwithstanding your substance abuse and addiction history which has been of concern, she suggests, for well over a decade, you have shown marked improvements and that must be acknowledged.
52As I said a little earlier, very often for all addicts with a long-term problem, it is two steps forward, one step back. I have been given information on numerous occasions in relation to people such as you, addicts with long-term problems, and it has been observed that you should not consider yourself to be over those addiction issues until you have been substance-free for as long as you have been addicted before that time, Maybe you have ten years to go sir, I think you understand that.
53Ms Brown reports that you have enhanced your relationship with your partner. That is good, and you have paid better attention to your physical and mental wellbeing. These are matters that will support each other.
54Ms Brown reports, in her view, you have made commendable progress within your drug recovery and that you have made good use of your time on bail. You have undertaken what I would call, sir, a good start. It is a good start. It is the very beginning of a very long road.
55In those circumstances, it is my view that your return to custody for these matters would be a retrograde step for yourself personally, but more importantly, for your prospects of rehabilitation and therefore would be a retrograde step for the community.
56In observing that, I am acknowledging all of the purposes of sentencing set out in s5 of the Sentencing Act which in some ways pull in opposite directions to each other.
57So sir, I am going to impose a sentence. Now you are online. What I suggest you do, just remain seated and listen carefully.
58Charge 1, trafficking in a drug of dependence, I propose to sentence you to a term of imprisonment of 109 days and note that you have served that time and the period you have served should be taken into account. This is an imprisonment sentence, but I am acknowledging that you have served the term that I have imposed.
59In addition to that, I propose that you be placed on a community corrections order for a period of three years and I will set out the conditions of that order very shortly.
60In relation to Charge 2, a possession of a drug of dependence, I propose to sentence you to a community corrections order for a period of 12 months with similar conditions that I will refer to shortly.
61Charge 3, trafficking in a drug of dependence namely methylamphetamine, I sentence you to a community corrections order of three years with the same conditions that I will refer to shortly, but in addition for Charge 3, I will require that you complete 200 hours unpaid community service work. I direct that of that, 70 hours of that unpaid community service work may be taken into account in credit if you attend any counselling you are required to attend.
62Charge 4, possession of the imitation firearm, I order that you be subject to a community corrections order for a period of three years and undertake a further 100 hours unpaid community service work in addition to the order above on Charge 2.
63In relation to each of the summary charges that I outlined at the commencement of my sentence, I order that you be convicted in relation to each of those matters, but otherwise no further penalty is applied and you will be discharged on those.
64Specifically, I indicate that there will be no further driver's licence disqualification for the reasons that the prosecutor has said.
65Effectively, in total, for all of these matters, the sentence to be imposed will be a term of imprisonment of 109 days in addition to a community corrections order of three years and a total in those community corrections orders that I have imposed, of 300 hours unpaid community service work of which a total of 70 hours you will be credited if you attend the rehabilitation and counselling that will be part of your community service order.
66Finally sir, in relation to your community service order, the conditions for each of the orders, community service orders, whether it be three years or one year as I have specified, they are similar terms.
67Firstly, the mandatory terms. Obviously, you must not commit another offence for which you could be imprisoned during the time the orders are in force.
68In that regard, sir, you would be aware that if you breach the order, then the order may be breached, you may be brought back to this court for re-sentencing in relation to that.
69Secondly, you must comply with any obligation or requirement prescribed in the sentencing regulations and that includes reporting to, or receiving visits from a representative from Corrective Services. You must report to the Community Corrections Centre within two working days of today and I understand that is the Werribee Community Corrections Services where you are currently reporting, is that correct sir?
70OFFENDER: Yeah, that's right.
71HER HONOUR: Okay, good. You must let Community Corrections know within two clear working days of you changing your address or your employment, you must not leave Victoria without first getting permission to do so from Corrective Services. You must obey all lawful instructions and directions from Corrective Services.
72In addition to those mandatory terms, I have indicated the performance of 100 hours unpaid community service work on the imitation firearm charge and 200 hours on the trafficking charge.
73If you fail to comply with the order, Corrective Services may give you a direction to perform additional hours of unpaid community service work in accordance with the Sentencing Act.
74You must accept the supervision of a community corrections officer for a total period of three years.
75With respect to treatment and rehabilitation, you must undergo assessment and treatment including testing for drug abuse or dependency as directed by the manager. You must undergo assessment and treatment including testing for drug abuse or dependency as directed by the manager. You must undergo assessment and treatment including testing at a residential facility for withdrawal from or rehabilitation for drug use or dependency, as directed and if directed by a regional manager. You must participate in programs and/or courses that address factors relating to the offending as directed by the regional manager.
76Mr Sharrock, do you have any questions about those terms or conditions that have been imposed?
77OFFENDER: No, Your Honour.
78HER HONOUR: Okay. You must understand sir, that placing you on the community corrections order is a very important obligation that you have undertaken. If you comply with all of the orders set out in the community corrections order, then we need not see each other again, sir. If you fail to comply with the conditions as set out in the order, then you must understand that certain consequences will follow, either with corrective services or with this court if there any breach that requires the matter be brought back to court.
79All right, I have finished the sentence in this matter. Is there anything else Madam Prosecutor?
80MS WATSON: Just in relation to the ancillary orders that have been filed, Your Honour. There is a disposal order and a firearms forfeiture order that Your Honour's associate should have drafts of.
81HER HONOUR: Let me check.
82MR BARKER: They're consented to, Your Honour.
83HER HONOUR: I understand that, yes. If I've got the orders I will make them. Not been provided. Okay, as soon as they are provided I understand that those ancillary orders will be made. Can you make sure that they're forwarded to my associate. That's the Firearms disposal order and what else was it?
84MS WATSON: And the standard disposal order for the drugs and trafficking paraphernalia Your Honour.
85HER HONOUR: Yes, certainly, the disposal – yes, disposal of - the drug destruction order. They have just been sent now. I will make those orders. Yes, anything else?
86MR BARKER: I missed the 6AAA declaration, Your Honour.
87In relation to this matter, were it not for your plea of guilty sir, a sentence of imprisonment would have been imposed that would have totalled one year for all of these matters.
0
1
1