R v Pearman

[2012] NSWDC 167

District Court

New South Wales

Medium Neutral Citation:	R v Pearman [2012] NSWDC 167
Hearing dates:	13 June 2012.
Decision date:	13 June 2012
Before:	Berman SC DCJ
Decision:	Adjourned under s 11 Crimes (Sentencing Procedure) Act
Catchwords:	CRIMINAL LAW - Sentence - Form 1 - Drug Supply
Legislation Cited:	Crimes (Sentencing Procedure) Act
Category:	Sentence
Parties:	The Crown Jon Ward Pearman
Representation:	Director of Public Prosecutions Legal Aid Commission - Offender
File Number(s):	2011/321194

SENTENCE

1. HIS HONOUR: Jon Ward Pearman pleaded guilty at an early stage to two offences of supplying drugs. They related to comparatively small quantities of drugs, one of them quite potent, packaged for supply found in his possession when he was arrested by police. He was also found in possession of other material which has led to matters on a Form 1, which are to be taken into account. Finally, when I sentence Mr Pearman ultimately, I also have to sentence him for a matter on the 166 certificate relating to his possession of a taser.

1. Mr Pearman commenced drug use at the age of fifteen and apart from one period in his life has not stopped yet. His offending is almost all related to his drug use. He has now been accepted into the Salvation Army Bridge Program and Miss Alvares who appears for Mr Pearman seeks an adjournment so that Mr Pearman can attend the residential rehabilitation program which she suggests might actually lead to Mr Pearman finally giving up his criminal ways.

1. The Crown says that there is no point because Mr Pearman has to receive fulltime custody given the seriousness of his offending.

1. Section 11 remands are not to be handed out lightly, especially in cases where an offender has demonstrated a continuing attitude of disobedience towards the law which involves substantial harm to the community. It is to be recognised that releasing someone on a section 11 remand runs the risk that the offender will simply go out and commit further offences with associated harm to the community.

1. On the other hand, not much has worked with Mr Pearman. He has been sentenced to custody repeatedly and when he gets out he re-offends. Part of the problem, as he explained in his evidence, is the lack of available opportunities for rehabilitation whilst in custody and also on top of that there is the difficulty in obtaining effective supervision by the Probation and Parole Service upon release from custody. Whatever the reason, Mr Pearman continues to offend.

1. Section 11 remands are not only appropriate where a non-custodial option is likely. They are also helpful in assessing the way in which a custodial sentence should be served and the length of that sentence. If Mr Pearman is able to demonstrate to me that he can rehabilitate, then that will affect the way in which the sentence is served and its length.

1. Mr Pearman knows full well that there is a risk for him involved in what is proposed. If he fails to take advantage of this opportunity, then he will be much worse off. He will have demonstrated to the court that the only way that the community can be protected from him is by locking him up for a long period.

1. Mr Pearman is getting too old for this. Unless he changes his way at this age, he will look back in his later years and see a completely wasted life, one which has involved him, as on this occasion, being released from custody and offending soon afterward and then being sent back into gaol. I am going to give Mr Pearman one final opportunity. If he fails, then he will go to gaol for a long, long time.

1. The matter will be adjourned under section 11 of the Crimes (Sentencing Procedure) Act to Sydney on 7 June next year. That is a Friday at 2 o'clock. I grant bail to Mr Pearman on these conditions:

1. He is not to be released from custody until - well, the course starts on Thursday, 21 June. His father is going to take him, Miss Alvares?

1. ALVARES: Yes, your Honour. Your Honour, can you make a recommendation he's held in Cessnock, not take back to Mid North Coast?

1. HIS HONOUR: Sure. I will say this:

1. He is not to be released from custody until a time which is consistent with him being taken to the Salvation Army Bridge Program on Thursday, 21 June 2012. He is only to be released from custody into the custody of his father, who is to take him immediately to the Salvation Army Bridge Program.

1. I recommend that to facilitate Mr Pearman's transport from custody to quasi custody he be kept at Cessnock Gaol.

1. I will order a transcript of today's proceedings for the next occasion and order a pre-sentence report as well.

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Decision last updated: 03 October 2012