R v Attridge

[2014] ACTSC 346

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Attridge

Citation:

[2014] ACTSC 346

Hearing Dates:

2 September 2014, 4 December 2014

DecisionDate:

4 December 2014

Before:

Burns J

Decision:

See [6]

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – Particular Offences – drug offences – knowingly concerned in the trafficking of cannabis – co-offender

Legislation Cited:

Criminal Code 2002 (ACT) ss 65, 603 (8)

Parties:

R (Crown)

David Jeffrey Attridge (Offender)

Representation:

Counsel

Ms Clarke (Crown)

Mr Livingston (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Rachel Bird & Co (Offender)

File Number(s):

SCC 81 of 2013

Burns J:

1. David Attridge, you have pleaded guilty to one count of having been knowingly concerned in the trafficking of cannabis, contrary to s 603 (8) of the Criminal Code 2002 (ACT), by virtue of s 65 of that Act. The maximum penalty for the offence of being knowingly concerned in the trafficking of cannabis by virtue of s 603 (8) is 300 penalty units, imprisonment for three years, or both.

1. You originally entered a plea of not guilty to this charge and you were due to take your trial on 2 September this year.  You entered a plea of guilty on that date.  An Agreed Statement of Facts has been put before the court and I will not here rehearse the contents of that Statement of Facts.  You have admitted to being knowingly concerned in the sale of cannabis between your co‑offender, Mr Bourne, and a purchaser of cannabis, Mr Kassouh, at the Charnwood McDonalds on 15 September 2012.  Your involvement was introducing Mr Kassouh to Mr Bourne at the urging of Mr Kassouh, in order to purchase cannabis from Mr Bourne.  As such I accept that you held a relatively minor role in relation to that transaction. 

1. I note that you are 34 years of age and that you entered a plea of guilty, although as I have already noted it was a late plea of guilty, with respect to this charge.  You are currently separated from your wife, although I am told today that there is a reconciliation of that relationship in progress.  You have three children and you continue to provide financially for your family, although you are currently on workers compensation payments, as a consequence of the shoulder injury that you sustained, as I understand it, sometime last year.

1. I note that you expressed remorse to the author of the Pre-Sentence Report for your involvement in this offence.  I also accept that your plea of guilty demonstrates a degree of remorse, and also has a utilitarian value.  I accept that you have family and social supports, which will assist you in avoiding any repetition of this type of offending.  I give significant weight to the fact that you a person who has been usually employed, although as I said at the present time through no fault of your own you are unable to continue in your employment.  Clearly from the material that has been put before me you are looking to return to the workforce as soon as you are physically able to do so.

1. The author of the Pre-Sentence Report has assessed you as being at moderate to low risk of reoffending, an assessment with which I agree.  In coming to that assessment I take into account the fact that you have minimal prior convictions and certainly none for any involvement with drugs.  The Crown has submitted that the appropriate course would be to impose a conviction and a good behavioural order, together with a community service condition.  However, I am not persuaded that it is appropriate to impose a community service condition, bearing in mind your current physical condition and the need for you to continue with treatment, in order to try and achieve a return to the workforce.  I note that your financial position is not particularly sound because of the fact that you are receiving workers compensation payments. 

1. I will reduce the sentence that I would otherwise have imposed by approximately 15 per cent, in order to reflect your plea of guilty.  I record a conviction and there will be a Good Behaviour Order for a period of 15 months, with a condition that you are to accept the supervision of ACT Corrective Services for a period of 12 months, or such lesser period as deemed appropriate by your supervising officer. 

I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: 5 January 2015