R v Hodson

[2018] NSWDC 105

District Court

New South Wales

Medium Neutral Citation:	R v Hodson [2018] NSWDC 105
Hearing dates:	29 March 2018
Date of orders:	29 March 2018
Decision date:	29 March 2018
Jurisdiction:	Criminal
Before:	Berman SC DCJ
Decision:	Adjourned under s11 of the Crimes (Sentencing Procedure) Act
Catchwords:	CRIMINAL LAW – Sentence – Manufacture prohibited drug – Unsophisticated method of manufacture-Heroin – Drugs produced for his own use
Legislation Cited:	Crimes (Sentencing Procedure) Act
Category:	Sentence
Parties:	The Crown Steven James Hodson
Representation:	Counsel: Mr S Fraser – The offender   Solicitors: Director of Public Prosecutions – The Crown
File Number(s):	2016/232731

Judgment

1. HIS HONOUR: Being arrested and charged with offences involving drug supply or drug manufacture often acts as something of a wake‑up call for an offender who has been using drugs for some time, such that they finally are able to overcome their drug addiction and put their drug use behind them. It may well be that the offender I am dealing with at the moment, Steven James Hodson, is in that category. He has had a longstanding problem with the abuse of illicit drugs, both drugs which are available on prescription and those which are not.

2. He appeared today to be sentenced for manufacturing a prohibited drug, namely heroin, but this was not some elaborate process of manufacture involving reaction vessels, Bunsen burners, filter papers and the like. Mr Hodson was using a rather simpler method involving a spoon and some chemicals to convert morphine into heroin. He did this for his own use. That is what he says and the Crown has no evidence to the contrary.

3. Since being arrested he has, with one interruption I will mention, largely been drug free. The interruption came about when Mr Hodson suffered an apparently drug‑induced psychosis after he began consuming methylamphetamine. He was admitted to a psychiatric ward and upon release made the sensible decision to move to Queensland to live with his parents and to take advantage of opportunities that were presented to him to receive treatment and counselling to overcome his drug problems. It thus appears that it has been something in the order of nine months since Mr Hodson has used drugs and there are clear indications that Mr Hodson may have already achieved a significant measure of rehabilitation.

4. In such circumstances I would like to give him the opportunity to prove to me that he can continue what he has been doing for a longer period during an adjournment under s 11 of the Crimes (Sentencing Procedure) Act for something in the order of a further nine months. In the event that Mr Hodson comes back proving to me that he has been drug free for 18 months, that of course will make a significant difference to the sentence I impose upon him. His drug offences relate to his drug addiction. If he can overcome his addiction it is much less likely that he will commit further offences in the future. If he cannot then, it is much more likely that he will offend again in the future and I will take that into account in deciding the appropriate sentence to impose upon him.

5. For the reasons I have just given I will adjourn the matter until 14 December 2018 and continue Mr Hodson’s bail. The conditions of his bail are these: He is to use no illegal drugs whatsoever, by which I, of course, include the use of drugs which are not prescribed for him. He is to be supervised by the equivalent of the Probation and Parole Service in Queensland or if he moves to New South Wales, the New South Wales Probation and Parole Service. He is to undergo regular urinalysis. If the authorities do not arrange at least fortnightly testing, he is to arrange at least fortnightly testing at his own expense. The results of all urinalysis tests are to be provided to the Court on the next occasion. He is to comply with all medical treatment ordered by medical practitioners and to engage in counselling or other forms of treatment recommended or required by the Probation and Parole Service. He is to continue to live with his parents unless he makes an application to me that he be allowed to live elsewhere.

6. Mr Hodson, I do this reasonably regularly because people like you come before me quite often. They’re people who take a while to overcome their problems with drugs but then they do things that make me think that they can get over their problems with drugs. Sometimes they come back and they’ve done what I want them to do and it’s always very pleasing when that happens because I don’t have to send them to gaol. Sometimes they come back and they show me that they haven’t been able to overcome their drug addiction, they haven’t themselves made the decision to give up drugs, and usually I send them to gaol. So, your future is very much in your hands, do you understand that?

7. You’ve done well. I want you to continue going that way for your sake. You’re going to stay out of gaol and you’ll have a better life anyway. Do you understand?

8. ADJOURNED TO FRIDAY 14 DECEMBER 2018

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Decision last updated: 26 April 2018