R v Green

Case [2021] ACTSC 356

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Green

Citation: 

[2021] ACTSC 356

Hearing Date: 

12 November 2021

Decision Date: 

17 November 2021

Before:

Refshauge AJ

Decision: 

1.     Janice Lee Green be convicted of the first offence of trafficking in a prescribed drug not being cannabis and sentenced to 13 months imprisonment to commence today, on 17 November 2021.  

2.     Janice Lee Green be convicted of the second offence of trafficking in a prescribed drug not being cannabis and sentenced to 15 months imprisonment, to commence on 17 February 2023.

3.     Janice Lee Green be convicted of possession of property reasonably suspected of being proceeds of crime and sentenced to three months imprisonment, to commence on 17 March 2023. 

4.     Janice Lee Green be convicted of the possession of property reasonably suspected of being proceeds of crime, the second offence, and sentenced to three months imprisonment, to commence on 17 April 2023. 

5.     The breach of the Good Behaviour Order is noted and the Court takes no further action. 

6. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Janice Lee Green for 20 months from today, 17 November 2021, and ending on 16 July 2023 in respect of the primary offence of trafficking in a controlled drug other than cannabis of which she has been convicted and for which she has been sentenced to 13 months imprisonment.

7.     That Order be extended to the offences of trafficking in a controlled drug other than cannabis (SCAN 2021/156), possession of property reasonably suspected of being the proceeds of crime (CC 2020/4405) and possession of property reasonably suspected of being the proceeds of crime (CC 2020/9922) of which Janice Lee Green has been convicted and for which she has been sentenced, and which are associated offences of the primary offence.

8.     It be noted that convictions for the primary offence and associated offences have been recorded and that sentences have been imposed for each of them, which convictions and sentences are hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of the Order. 

9. The custodial part of the Drug and Alcohol Treatment Order for the primary and associated offences is hereby suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 17 November 2021, until 16 July 2023.

10.   For the treatment and supervision part of the Drug and Alcohol Treatment Order:

a. The core conditions of the Order set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) are hereby imposed;

b.    Janice Lee Green is to undertake any program, treatment or counselling, urinalysis or case management that may be required by any member of the Treatment and Supervision Team and obey all reasonable directions of any member of that team about where she resides, with whom she associates and her attendance from time to time; and 

c.     Janice Lee Green comply with any directions of the Court…

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AGLC
R v Green [2021] ACTSC 356
Case
[2021] ACTSC 356
Decision Date

CaseChat Overview and Summary

In the ACT Magistrates Court, Janice Lee Green was convicted of four offences: two counts of trafficking in a prescribed drug not being cannabis, and two counts of possession of property reasonably suspected of being proceeds of crime. The court was required to determine the appropriate sentence for each offence and whether the sentences could be served concurrently or consecutively. The court also needed to consider the principles of sentencing in relation to drug trafficking and the proceeds of crime, as well as any mitigating factors, including Green’s childhood disadvantage and potential for rehabilitation.

The court acknowledged Green’s disadvantaged childhood and the role it played in her offending behaviour. However, the court also considered the seriousness of the offences, which involved trafficking in a significant quantity of a prescribed drug and possession of the proceeds of that crime. The court imposed sentences of 13 months imprisonment for the first trafficking offence, 15 months imprisonment for the second trafficking offence, and three months imprisonment for each possession offence. The sentences for the trafficking offences were to be served consecutively, while the sentences for the possession offences were to be served concurrently with the trafficking sentences. The court also made a Drug and Alcohol Treatment Order for Green, which included a suspended custodial sentence and various treatment and supervision conditions.

The court ordered that Green be convicted of the first trafficking offence and sentenced to 13 months imprisonment, to commence immediately. For the second trafficking offence, Green was sentenced to 15 months imprisonment, to commence on 17 February 2023. Green was also convicted of the two possession offences and sentenced to three months imprisonment for each offence, to commence on 17 March and 17 April 2023 respectively. The court made a Drug and Alcohol Treatment Order for Green, which included a suspended custodial sentence and various treatment and supervision conditions. Green was directed to appear in person in Court on 19 November 2021 and to sign a sealed copy of the Order and an undertaking to comply with the Order and any obligations under the Crimes (Sentence Administration) Act 2005 (ACT).

The court also made an order that certain sections of the published sentencing remarks not be published outside the courtroom without the consent of a Judge of the Court. This order was made to protect Green’s privacy and to prevent the unnecessary publication of sensitive information. Overall, the court’s sentencing decision reflected a balanced approach that took into account the seriousness of the offences, the mitigating factors, and the need for rehabilitation and treatment.

Orders

Orders of the court

1. Janice Lee Green be convicted of the first offence of trafficking in a prescribed drug not being cannabis and sentenced to 13 months imprisonment to commence today, on 17 November 2021.

2. Janice Lee Green be convicted of the second offence of trafficking in a prescribed drug not being cannabis and sentenced to 15 months imprisonment, to commence on 17 February 2023.

3. Janice Lee Green be convicted of possession of property reasonably suspected of being proceeds of crime and sentenced to three months imprisonment, to commence on 17 March 2023.

4. Janice Lee Green be convicted of the possession of property reasonably suspected of being proceeds of crime, the second offence, and sentenced to three months imprisonment, to commence on 17 April 2023.

5. The breach of the Good Behaviour Order is noted and the Court takes no further action.

6. A Drug and Alcohol Treatment Order under s 12A of the Crimes (Sentencing) Act 2005 (ACT) be made for Janice Lee Green for 20 months from today, 17 November 2021, and ending on 16 July 2023 in respect of the primary offence of trafficking in a controlled drug other than cannabis of which she has been convicted and for which she has been sentenced to 13 months imprisonment.

7. That Order be extended to the offences of trafficking in a controlled drug other than cannabis (SCAN 2021/156), possession of property reasonably suspected of being the proceeds of crime (CC 2020/4405) and possession of property reasonably suspected of being the proceeds of crime (CC 2020/9922) of which Janice Lee Green has been convicted and for which she has been sentenced, and which are associated offences of the primary offence.

8. It be noted that convictions for the primary offence and associated offences have been recorded and that sentences have been imposed for each of them, which convictions and sentences are hereby incorporated into the Drug and Alcohol Treatment Order in the custodial part of the Order.

9. The custodial part of the Drug and Alcohol Treatment Order for the primary and associated offences is hereby suspended under s 80W of the Crimes (Sentencing) Act 2005 (ACT) from today, 17 November 2021, until 16 July 2023.

10. For the treatment and supervision part of the Drug and Alcohol Treatment Order:

a. The core conditions of the Order set out in s 80Y of the Crimes (Sentencing) Act 2005 (ACT) are hereby imposed;

b. Janice Lee Green is to undertake any program, treatment or counselling, urinalysis or case management that may be required by any member of the Treatment and Supervision Team and obey all reasonable directions of any member of that team about where she resides, with whom she associates and her attendance from time to time; and

c. Janice Lee Green comply with any directions of the Court from time to time about attendance in Court in person or by electronic means.

11. Janice Lee Green be directed to appear in person in Court on Friday 19 November 2021 at 11:00 am.

12. Janice Lee Green be directed to attend the Court Registry before she leaves the Court precincts to sign a sealed copy of this Order and an undertaking to comply with the Order and any obligations under the Crimes (Sentence Administration) Act 2005 (ACT) for the period that this Order is in force.

13. The sections in the published sentencing remarks on “Subjective circumstances” and “Childhood disadvantage” not be published outside the Courtroom by any person other than:

a. Janice Lee Green; or

b. the Court to any member of the Treatment Order Team

without the consent of a Judge of the Court.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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