R v Butler

[2020] ACTSC 170

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Butler

Citation:

[2020] ACTSC 170

Hearing Dates:

3 February; 3 April 2020

DecisionDate:

8 May 2020

Before:

Burns J

Decision:

See [56]–[61]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – three counts trafficking in a controlled drug – pleas of guilty – consideration of mental impairment and moral culpability – reasonable prospects for rehabilitation – parity – consideration of intensive correction order

Legislation Cited:

Criminal Code 2002 (ACT) s 603(7)

Criminal Code Regulation 2005 (ACT)

Crimes Sentencing Act 2005 (ACT) s 7

Parties:

The Queen (Crown)

Christopher John Butler (Offender)

Representation:

Counsel

H Roberts (3 February and 3 April 2020); M Lucero (8 May 2020) (Crown)

K Ginges (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Aulich Law (Offender)

File Number:

SCC 254 of 2019

BURNS J:

1. Christopher Butler, you appear before me today for sentence on three charges of trafficking in a controlled drug other than cannabis. For convenience, I will refer to each of the charges by the number allocated to the charge in the ACT Magistrates Court:

·        Charge CC5485/2018, is a charge of trafficking MDA on 5 April 2018;

·        Charge CC7437/2018, is a charge of trafficking cocaine on 21 April 2018; and

·        Charge CC7438/2018, is a charge of trafficking MDMA on 21 April 2018.

1. Each of these offences is contrary to s 603(7) of the Criminal Code 2002 (ACT) and carries a maximum penalty of 10 years' imprisonment, a fine of 1000 penalty units, or both.

1. You entered pleas of guilty to these charges in the ACT Magistrates Court on

   
   

   27 September 2019 after initially pleading not guilty. You were committed for sentence to this Court. You came before me on 3 February 2020, at which time you adhered to your pleas of guilty. After hearing evidence and submissions from counsel on that date, the matter was further adjourned to 3 April 2020 to enable an assessment for an Intensive Correction Order to be prepared. On that latter date, the

   
   

   Intensive Correction Order Assessment Report was tendered together with the report by a clinical psychologist and certain other material.

1. I accept that your pleas of guilty were relatively early and they certainly had significant utilitarian value. They were not, however, entered at the earliest opportunity and some diminution of the utilitarian value is justified by the need for the prosecution to prepare a brief in the ACT Magistrates Court in contemplation of a contested hearing. I will reduce the otherwise appropriate sentences by approximately 20 per cent because of your pleas of guilty.

The facts

1. Prior to 5 April 2018, police believed that your co-offender was involved in substantial drug trafficking in the ACT. Telecommunications records showed that on

   
   

   15 March 2018, you travelled to Sydney, New South Wales, and returned to the ACT the following day. I interpolate at this point to observe that there is no evidence that this journey was drug related.