R v Martin Ture GILLIES

[2008] NSWDC 279

CITATION:	R v Martin Ture GILLIES [2008] NSWDC 279
HEARING DATE(S):	26 September 2008
EX TEMPORE JUDGMENT DATE:	26 September 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Berman SC DCJ
DECISION:	The offender is sentenced to imprisonment consisting of a non-parole period of eighteen months and a head sentence of three years.
CATCHWORDS:	Criminal law - Sentence - Ongoing supply of ecstasty - Form 1
PARTIES:	The Crown Martin Ture Gillies
FILE NUMBER(S):	2008/11/0540
COUNSEL:	M Barko - Offender
SOLICITORS:	NSW DPP

SENTENCE

1 HIS HONOUR: Martin Gillies appears for sentence today after he pleaded guilty at an early time to an offence of ongoing supply of ecstasy. When I sentence him for that he asks that I take into account other related offences on a Form 1. They are: dealing with property which was suspected to be the proceeds of crime, (the amount involved being $6,050); supplying cannabis; and possessing cannabis, (the supply relating to 306.4 grams and the possession relating to 6.7 grams).

2 The offender was contacted by undercover police on 6 December 2007. The undercover officer indicated a desire to purchase some ecstasy tablets. He said that one of the “Dublin Boys” had given had given the offender’s number to him. They therefore met and after some negotiations regarding price and quantity the offender supplied the undercover officer with fifteen ecstasy tablets, the officer paying $450 for those tablets. Further transactions occurred. On 13 December the undercover officer bought fifty tablets for $1,250. On 28 December the officer bought 101 ecstasy tablets for $2100. On 2 January he bought 200 tablets for $3,900. In total, the offender supplied to the undercover officer 366 tablets weighing a total of 109.9 grams. Of course this is an offence of an ongoing supply of drugs but in order to assess the objective seriousness of the offence it is relevant to note that the commercial quantity of ecstasy is 125 grams. So the offender supplied in total just under what would have been a commercial quantity of ecstasy tablets.

3 The offender was arrested a short time after the final act of supplying. He was searched and the money that I have referred to earlier was found and cannabis weighing 6.7 grams was found in his shorts. The offender was taken to hospital as a result of concerns about his medical condition. Whilst he was there police searched his home and discovered more money, $5,450, clearly the results of drug supply, more cannabis, this time 306.4 grams which forms the basis of the supply charge on the Form 1, a set of digital scales and several mobile phones. It is clear that the offender was an enthusiastic and successful drug supplier. This is a most serious offence.

4 Nor was the offender only supplying at street level quantities. He was prepared to involve himself fairly high up the drug supply chain which is obvious from the fact that he was prepared to supply on the last occasion 200 ecstasy tablets.

5 The offender was born in New Zealand, he was raised in Rotarua and is of Maori descent. He had a positive and supportive upbringing. He came to Australia in 1970 and had a relationship with an Australian woman; they have one son who is now thirty-five years of age living in Queensland. He is no longer with the mother of his son and at the time of preparation of a pre-sentence report he lived in boarding house accommodation in Double Bay. He has been in a casual relationship with a woman for the past eight years. He is now sixty years of age. He has been unemployed for a long time because of health issues. He did work when he was able to, but, as I said, his health issues have prevented him doing so recently.

6 He has a number of medical conditions. He has severe asthma which is unstable, requires regular prevention and intermittent doses of steroids. His asthma attacks occasionally lead to inpatient hospital stays. He has severe arthritis effecting many of his joints. Surgical intervention has been contemplated but cardiovascular respiratory issues have been a factor in deferring such intervention. He has ischemic heart disease, although his cardiac condition is considered stable at the moment. A report tendered on behalf of the offender suggests that there should be no impact on the offender’s health whilst in custody, but it is clear that he will do his time in custody harder than would otherwise be the case.

7 He has spent some time in custody already, two months and twenty-eight days before being granted bail on this matter. During that time he lost a considerable amount of weight, so it cannot be said that there was little impact upon the offender through going into custody.

8 One of the most important matters that Mr Barko, who appeared for the offender today, relies on is the offender’s rehabilitation. He was a man who had a long term addiction to drugs and alcohol, he is now dealing with both of these issues in a substantial way. He said that his offence was partly related to his ongoing drug use and of course if he is able to overcome that problem his chances of rehabilitation, in the sense of committing no further offences, are good. Somewhat surprisingly there was no remorse offered by the offender for his serious misconduct.

9 He is in many respects a man of good character. A number of testimonials tendered today from friends and family spoke of his regard in the community and the fact that he has helped the Sydney Maori community in many ways. One of the references says “Your Honour, I hope you find Ture contrite and remorseful” I would have liked to have been able to make that finding, but there was no evidence to suggest that, presented to me.

10 It is clear that a full time custodial sentence is required. It is clear also that there are special circumstances. This will be the offender’s first time in custody, he will need assistance in his ongoing rehabilitation upon his release from custody, and I have therefore extended the period of eligibility for parole at the expense of the non-parole period. However the non-parole period I will shortly impose is the least which properly reflects the objective criminality of the offender’s behaviour.

11 He pleaded guilty at an early stage and so I will reduce the sentence I would otherwise impose by twenty-five per cent to reflect the utilitarian value of his plea.

12 Taking into account the matters on the Form 1 the offender is sentenced to imprisonment. I set a non-parole period of eighteen months to commence on 29 June 2008, that being the appropriate date in view of the offender’s presentence custody. The non-parole period will expire on 28 December 2009 on which date he is eligible to be released to parole. I set a head sentence of three years.

13 The drugs are to be destroyed. I will make an order under Confiscation of Proceeds of Crimes Act, and sign the documents that have been provided to me.

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