R v Vakatini

SUPREME COURT OF QUEENSLAND

CITATION:

R v Vakatini [2020] QSC 107

PARTIES:

R

v

VAKATINI, Norman Rarua Dick Duke

(defendant)

FILE NO/S:

Indictment No 10 of 2020

DIVISION:

Trial Division

PROCEEDING:

Sentence

ORIGINATING COURT:

Supreme Court at Cairns

DELIVERED EX-TEMPORE ON:

31 March 2020

DELIVERED AT:

Cairns

HEARING DATE:

31 March 2020

JUDGE:

Henry J

ORDER:

Sentence imposed in accordance with ex-tempore reasons.

CATCHWORDS:

CRIMINAL LAW – SENTENCE – RELEVANT FACTORS – HARDSHIP – TO OFFENDER – where the defendant was a drug courier intercepted carrying 99.432 grams of pure methylamphetamine – where the defendant was on bail and complying with bail conditions – where, in an era where matters were commonly adjourned due to Covid-19, the defendant opted to proceed to sentence rather than seek an adjournment – where, due to Covid-19,  no visitors would be allowed during a significant portion of the defendant’s possible period of imprisonment – where there was a possibility of stricter precautions being imposed during the course of the defendant’s period of imprisonment – whether the circumstances of the defendant’s period of imprisonment during the Covid-19 pandemic should be taken into account as a mitigating factor or a factor justifying a discount on the sentence

COUNSEL:

E Coker for the Crown

A J Kimmins for the defendant

SOLICITORS:

Director of Public Prosecutions (Queensland)
O’Reilly Stevens Lawyers for the defendant

Norman Vakatini, you pleaded guilty to possession of methylamphetamine with a circumstance of aggravation.  You were, you now acknowledge, transporting, essentially in the role of a courier, a substantial amount of methylamphetamine from Sydney to Cairns when you were caught by police, armed with a search warrant, in possession of the drug at Fishery Falls between Innisfail and Cairns.

The drug was contained in crystal form in a single clip-sealed bag inside a tissue box on the front passenger seat.  It was 71.3 per cent pure methylamphetamine, gross weight 139.457 grams, pure weight, 99.432 grams.  You denied knowledge of the drug being there.  Obviously, you knew it was there.  You were charged and bailed that day.  You have been on bail ever since.  The gross weight of the drug was pretty close to about five ounces.

It was inherently a commercial amount and it is not suggested otherwise.  Its wholesale value would have been well above $10,000, and its value assessed through street value sales would be much higher again.  No evidence was found to suggest that you yourself were a drug dealer, indeed, the entire circumstances are entirely consistent with you being caught acting as a courier of the drug.  Through your counsel, you do not dispute that, indeed, you acknowledge as much.  The psychologist who provided exhibit 3 indicated you anticipated, on your instructions, to receive two to two and a-half thousand dollars in payment for performing this task for unnamed criminals. 

You come before the Court without having ever been convicted of a criminal offence.  You were 26 at the time of the offence, and are now 27, so whilst you are…