R v Robertson

[2014] ACTSC 354

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Robertson

Citation:

[2014] ACTSC 354

Hearing Dates:

29 October 2014, 19 December 2014

DecisionDate:

19 December 2014

Before:

Burns J

Decision:

See [7]

Category:

Sentence

Catchwords:

CRIMINAL LAW – Sentence – Particular Offences – drug offences – traffic in trafficable quantity of cannabis

Legislation Cited:

Criminal Code 2002 (ACT) s 603 (5)

Parties:

Regina (Crown)

Francis Stanley Robertson (Offender)

Representation:

Counsel

Mr Fernandez (Crown)

Mr Whybrow (Offender)

Solicitors

ACT Director of Public Prosecutions (Crown)

Ben Aulich & Associates (Offender)

File Numbers:

SCC 166 of 2014

1. Burns J:Mr Robertson, you have pleaded guilty to one count of trafficking in a trafficable quantity of cannabis in contravention of s 603 (5) of the Criminal Code 2001 (ACT) (CC2013/11572). Your counsel has quite correctly stated that the starting point, with respect to this offence, is one of a term of imprisonment. 

1. A very significant amount of cannabis was located in your car on this occasion and, as is clear from all of the evidence before me, this was not the first time you were involved in the purchase and subsequent distribution of cannabis. 

1. I accept the proposition that has been put to me that the reason why you were purchasing such large quantities was because that was the only way in which your supplier was willing to supply to you.  I accept that you are a person of limited means, being a pensioner, and that you could not afford to purchase large quantities like that and maintain it for your own use; indeed, it would be ridiculous to suggest that such large quantities could be for an individual’s own use, or indeed even for two or three people’s use.  You have acknowledged, frankly, that your intention, when you purchased cannabis in such a large quantity, was to sell some of it, in essence to make up for having to buy it in such large quantities, with the remaining cannabis being for your personal use and the use of your partner or friend at that time in order to assist her.

1. I accept that you were not involved in the trafficking so as to make a significant profit out of what you were doing; that you were, as described by your counsel, a self-sufficient dealer, or perhaps another way of putting it is a subsistence dealer.  That, of course, does not completely mitigate or indeed it does not significantly mitigate your offence.  The fact is, if you had been involved in this conduct for the purposes of making a profit, that would have been an aggravating circumstance. 

1. I take into account your plea of guilty which occurred in the ACT Magistrates Court and I will reduce by approximately 20 per cent the sentence which I would otherwise have imposed. 

1. I also take into account your age and your health, as revealed by the material before me.  I note that you have a significant criminal history; albeit there has been no criminal offending for the last 12 years.  I also take into account the fact that you have the care of your friend and her daughter.  [Redacted for legal reasons].

1. I propose to proceed by way of a suspended sentence of imprisonment.  You will be convicted and you will be sentenced to 6 months’ imprisonment which will be suspended forthwith upon you entering into a good behaviour order for a period of 18 months to be of good behaviour, with conditions that you accept the supervision of  ACT Adult Corrections for that period of 18 months or such lesser period as deemed appropriate by your supervising officer, and that you obey all reasonable directions of your supervising officer. 

1. [Redacted for legal reasons].

I certify that the preceding eight [8] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.

Associate:

Date: 5 January 2015