DPP v Wilson [2018] VCC 239 (7 March 2018)

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IN THE COUNTY COURT OF VICTORIA AT LATROBE VALLEY CRIMINAL DIVISION	Revised Not Restricted Suitable for Publication
SEXUAL OFFENCE LIST

DIRECTOR OF PUBLIC PROSECUTIONS

v

SCOTT JAMES WILSON

JUDGE:	HIS HONOUR JUDGE PARRISH
WHERE HELD:	Melbourne
DATE OF PLEA HEARING:	6 February 2018 (in Morwell) Date of adjourned further plea and sentence 28 February 2018 (in Melbourne)
DATE OF SENTENCE:	7 March 2018
CASE MAY BE CITED AS:	Director of Public Prosecutions v Wilson
MEDIUM NEUTRAL CITATION:	[2018] VCC 239

Catchwords: Two charges of supplying a drug of dependence to a child – one charge of trafficking in a drug of dependence to a child – one uplifted charge of supplying liquor to a child

Sentence: Total effective sentence 12 months imprisonment; 314 days declared as pre-sentence detention; Community Correction Order 18 months; convicted and fined $250.

APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B. Stougiannos	John Cain Solicitor for the Office of Public Prosecutions

For the Offender	Mr M. Kozlowski	Papa Hughes Lawyers Pty Ltd

The Director of Prosecutions charges that you, at Warragul in Victoria on or about 9 October 2016, supplied a drug of dependence, namely cannabis L, to Lara Bayly^[1], a child, for the purposes of the use of that drug of dependence by that child.

The Director of Prosecutions charges that you, at Warragul in Victoria on or about 9 October 2016, supplied a drug of dependence, namely methylamphetamine, to Lara Bayly, a child, for the purposes of the use of that drug of dependence by that child.

The Director of Prosecutions charges that you, at Warragul in Victoria on or about 9 October 2016, caused a drug, namely methylamphetamine, to be taken by Lara Bayly with the intention of rendering Lara Bayly incapable of resistance and thereby - - -

HIS HONOUR: It is in this sense. I have listed this and then I have listed what - or the part of the reasons that you said. Late pleas were appropriate. Now, he is not being sentenced in relation to - - -

MR KOZLOWSKI: No, no. I am sorry. I should not be interrupting. I should just sit down.

HIS HONOUR: Now, the reason I have done that is just to get a historical context because the plea dates are all different and I think you have to have some sort of contextual basis.

HIS HONOUR: The Director of Prosecutions charges that you, at Warragul in Victoria on or about 9 October 2016, caused a drug, namely methylamphetamine, to be taken by Lara Bayly with the intention of rendering Lara Bayly incapable of resistance and therefore enabling you to commit an indecent act with Lara Bayly.

The offence of administering a drug for the purposes of an indecent act is contrary to s.53(2)(b) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences and Other Matters) Act.

The Director of Prosecutions charges that you, at Warragul in Victoria on or about 9 October 2016, wilfully committed an indecent act with or in the presence of Lara Bayly, a child under the age of 16.

The offence of indecent act with a child under the age of 16 is contrary to s.47(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences and Other Matters) Act 2014.

The Director of Prosecutions charges that you, at Alphington, St Kilda and Warragul in Victoria between 1 January 2016 and 6 January 2017, trafficked in a drug of dependence, namely cannabis L, to a child.

That is you, at Warragul, between 14 October 2016 and 20 October 2016, being a person other than a licensee or an employee of a licensee, did supply liquor to a child under the age of 18 years, namely Lara Bayly.

2 The charges were listed for hearing to commence on 31 January 2018. Prior to the empanelment of the jury, the following events occurred:

(a) On 31 January 2018, you pleaded guilty to Charge 1 on Indictment No.H10250285.A. Such offence of supplying a drug of dependence (cannabis L) to a child carries a maximum penalty of 1000 penalty points or a maximum of 15 years of imprisonment or both;

(b) Furthermore, on 31 January 2018, you pleaded guilty to Charge 1 on Indictment No.H10250285.B (that being the only charge on that indictment). Such offence of trafficking in a drug of dependence (cannabis L) to a child carries a maximum penalty of 20 years of imprisonment;

(c) On 5 February 2018, you pleaded guilty to Charge 2 on Indictment H10250285.A. Such offence of supplying a drug of dependence, namely methylamphetamine, to a child, carries a maximum penalty of 1000 penalty units or 15 years of imprisonment or both.

(d) Also, on 5 February 2018, you pleaded guilty to the uplifted summary offence of supplying liquor to a child under the age of eighteen years. The maximum penalty for such offence is 120 penalty units;

(e) On 6 February 2018, you pleaded not guilty to Charges 3, 4 and 5 on Indictment H10250285.A, and the prosecution informed the court that it did not propose to lead evidence on each of those charges, and the court directed that there be an entry of not guilty in relation to Charges 3, 4 and 5 on Indictment H10250285.A.

3 The prosecution has prepared written summaries of the circumstances surrounding the offending in respect of the two charges to which you pleaded guilty on Indictment No.H10250285.A (Exhibit 1) and in relation to the one charge to which you pleaded guilty on Indictment No.H10250285.B (Exhibit 2). The circumstances of the uplifted charge are also set out in Exhibit 1.

(a) You are not quite 39 years of age, having been born on 20 April 1979. At the time of the offending, you were 37 years old;

(b) At and around the time of the offending, you were employed by On-Call Residential Care Facilities, which provide staffing in residential care facilities and one-on-one care units for the Department of Health and Human Services (DHHS);

(d) On a number of occasions between 1 January 2016 and 24 August 2016, your twin sons visited you and stayed the night at your then address of Unit 4/41 Fulham Road, Alphington. On the majority of occasions during this time, your sons attended with school friends who were all aged between 15 and 17 years old. They stayed at the address every month, and usually stayed for the weekend;

(e) From 24 August 2016 until January 2017, you worked as the lead tenant at 1 Alder Place, Warragul. As part of the lead tenant program, you lived full time at the address and was there to be an adult role model for the residents, Declan Ironside [2] ( and I shall refer to him as Ironside) (born

19 August 1998), and who was 18 years old, and Sean Simpson[3] (Simpson) (born 7 January 2000), who was 16 years old. Your twin sons and their friends continued to visit you at this address;

(f) On most occasions that your twin sons and their friends stayed with you, you provided them with cannabis. This was either cannabis you already had in your possession or cannabis that you obtained from a dealer to provide to these children. The usual amount you supplied to the children was 3 g of cannabis, and you charged $50 cash. The largest amount you supplied was 6 to 7 g of cannabis. The children usually smoked the Cannabis at your address. Sometimes you smoked Cannabis with the children while they were staying at your address;

Exhibit 1, which sets out details of those for whom you bought cannabis and the frequency of such purchases. That is Charge 1 on Indictment H10250285.B – trafficking in a drug of dependence, namely cannabis, to a child.

(h) When you commenced work as the head tenant in August 2016, the DHHS client, Ironside, was placed with you;

(i) On Friday, 7 October 2016, Declan Ironside and Lara Bayly, began messaging over Facebook. They did not know each other prior to that date;

(j) Lara Bayly is the complainant in relation to the offences pleaded on Indictment H10250285.A. She was born on 21 February 2002, and at the time of the offending was 14 years old. Also at the time of the alleged offending, the complainant was subject to a DHHS Secretary order whereby she was in full-time DHHS care at another residential care facility;

(k) After a conversation with Ironside over Facebook, the complainant agreed to meet up with him at the address of 1 Alder Place, Warragul. She was dropped off in the evening of 7 October 2016 and at that time you were introduced to her;

(l) On Saturday, 8 October 2016, you drove to Melbourne for the day, accompanied by Ironside and the complainant. After arriving home in the evening, the complainant says Ironside left the address to see a girlfriend, whereas the complainant remained at the address and continued to talk with you;

(m) At 10.55 pm on that night, the complainant sent a message to a male friend via Facebook, and asked that he come and pick her up. He agreed to come and get her later that night;

(n) The complainant says, after this, she and you continued to talk and you asked her:

The complainant agreed, and you both went to your bedroom, where you rolled a joint of cannabis, and the two of you began smoking the joint in your bedroom with the door closed. That is Charge 1 pleaded on Indictment No.H10250285.A – supply a drug of dependence (cannabis) to a child;

(o) At 12.06 am on 9 October 2016, the complainant messaged a friend via Facebook and wrote that she had been smoking cannabis. She said:

(p) You then asked the complainant if she had smoked methylamphetamine before and the complainant told you that she had. You asked if she wanted some of "this" and she agreed;

(q) At 12.14 am on 9 October 2016, the complainant sent to one of her friends, another Facebook message that said:

(r) The complainant asserts that you grabbed an ice pipe and held it to her, and she had six or seven puffs and then was “tripping out”. That is Charge 2 pleaded on Indictment No.H10250285.A – supplying a drug of dependence (methylamphetamine) to a child;

(s) At 12.15 am, and just after, the complainant sent messages to several other friends on Facebook telling them she was smoking ice. The complainant then says she messaged her friend again on Facebook and requested that he “hurry up” and pick her up. At about 12.30 am, she wrote to him that she was ice-affected and in need of his help;

(t) The complainant left the house at about 12.39 am and was driven away by the male friend and his girlfriend;

(u) Sometime later, Simpson moved into the property at 1 Alder Place, Warragul, with you and Ironside. Simpson and the complainant were friends;

(v) On 13 October 2016, the complainant messaged Simpson via Facebook complaining that things were getting hard at her residential care unit and asked him if he knew anywhere she could stay. At that stage, Simpson offered for her to stay at 1 Alder Place, Warragul with him, but the complainant declined. On the following day, the complainant again messaged Simpson over Facebook and he advised her that he had spoken to you about the complainant having a hard time at her residential care facility, and you offered for the complainant to come and stay the night. Simpson reiterated his offer to the complainant over Facebook, and later agreed to come to visit, with Simpson organising for you to drive down and pick her up;

(w) At 5.45 pm on 14 October 2016, you drove Simpson in your vehicle, a black Subaru wagon, to the front of the Latrobe Community Health Service, situated in Fowler Street, Moe. The address is just around the corner from the complainant’s residential care facility. The complainant left her residential care facility at about 5.47 pm and was seen by her worker getting into your vehicle out the front of the Latrobe Community Health Service;

(x) You drove the complainant and Simpson to a bottle shop in Warragul, where you purchased a six-pack of vodka for them to drink (summary charge uplifted – unauthorised supply of liquor to a child). You, with the complainant and Simpson, returned to 1 Alder Place, Warragul, shortly after;

(y) On 6 January 2017, the complainant attended the Morwell SOCIT office in the company of her DHS support worker and reported the offences by you. On 16 January 2017, the complainant attended at Morwell SOCIT and provided a statement by way of audio-visually-recorded evidence (VARE).

660 Canterbury Road, Surrey Hills, for a meeting with your employer. Police were in attendance, and you were arrested by police and participated in a record of interview.

6 During the record of interview, you denied the cannabis found at your Warragul address could have been yours, initially stating that you did not use cannabis. Furthermore, you stated that you heard your children talk about it once and you told them “don't”, because you know the dangers. Also, during the record of interview, you initially denied supplying the complainant with any drugs. However, later in the interview, you retracted this and admitted supplying the complainant with marijuana. You maintained your denial about supplying the complainant with methylamphetamine – although you admitted that you did personally use such drug on occasion.

(a) The prosecution accepts that you entered a plea of guilty at the committal stage in relation to Charge 1 pleaded in Indictment No.H10250285.B – trafficking in a drug of dependence, namely, cannabis L. The prosecution submits that such a plea of guilty is not at the earliest opportunity, but still some discount should apply;

(b) The plea of guilty to Charge 1 on Indictment H10250285.A – supplying cannabis L. to a child – occurred on 31 January 2018;

(c) The plea of guilty in relation to Charge 2 on Indictment H10250285.A – that is, supplying methylamphetamine to a child – occurred on

(d) The plea of guilty to the uplifted charge of supplying liquor to a child under the age of eighteen years, was also on 5 February 2018.

9 Counsel for the prosecution sought to tender a victim impact statement declared by the complainant, on 13 September 2017. At the time of the plea, your counsel objected to the admissibility of such document on the basis that it was not relevant to the charges for which you have now pleaded guilty. In particular, it seemingly refers to those charges alleging sexual offences for which you have been found not guilty.

10 I refer to s.8L of the Sentencing Act 1991 which states that a victim impact statement is to contain “particulars of the impact of the offence on the victim and of any injury, loss or damage suffered by the victim as a direct result of the offence”.

11 Furthermore, s.8L(3) of the Sentencing Act 1991, provides that a court may rule as “inadmissible the whole or any part of the victim impact statement”.

12 Consistent with the principles outlined in Luciano v The Queen [2015] VSCA 173, counsel for the defence objected to what he submitted was the inadmissibility of the whole of the statement as being irrelevant. I accept such submission and rule that the whole of the victim impact statement is irrelevant.

13 Your counsel tendered a document headed “Scott Wilson – Brief Outline of Plea Submissions” and such document was marked as Exhibit A. On the basis of that document and various submissions made by your counsel, I note the following:

(iii) a number of other courses completed as part of your subsequent employment, involving conflict management, suicide prevention, early childhood development trauma and other courses.

(d) When you went back to work, ultimately you ended up getting a placement with Ironside. It was initially a paid placement and later you became a lead tenant, which had the consequences for you that there was free accommodation and the bills were paid for the unit. Your role as lead tenant was:

During this time, you were also working as a residential care worker for ONCALL on a casual basis in the Gippsland region.

(e) You are estranged from your wife, with whom you commenced a relationship in high school and which broke up in 2005, although you remain on amicable terms. That relationship produced two twin boys who are now 19 years of age, who were born on 2 March 1999;

(f) Your counsel describes how your life began to “unravel” following the end of the relationship with the mother of your children. You commenced to spend a lot of money on drugs and were, in particular, a heavy cannabis user for about two years prior to the offending, and had also been using methylamphetamine;

(g) Since being remanded, you have informed your counsel that you have not been using drugs and believe that you have overcome that problem;

(h) During the time running up to the offending, you had problems with relationships and ultimately, had to move out of the premises in Alphington, in part because you were spending so much money on drugs, causing you to borrow money and not meeting your financial obligations;

(i) Whilst being in custody, your counsel submits that you have completed various alcohol and drug courses and intend to do a painting course at university after your release from prison. Apparently you have a supportive family. Your sister was in court and your mother has also been in court and you have been offered accommodation on release by a family friend.

14 In the context of you being a heavy user of cannabis and, to a lesser extent, methylamphetamine, you became aware that your twin sons were using cannabis with friends. You did not want them to smoke it outside the house and you were concerned that your sons had to deal with drug users to obtain cannabis.

15 You accept that on a number of occasions you assisted your sons and their friends to obtain cannabis, in part because you were a heavy smoker yourself and required such drug, and in part, initially at least, to protect your sons from dealing with drug dealers. It is accepted by the prosecution that you did not make any profit on this activity.

16 You accept that on the night of Saturday, 8 October 2016, you supplied Lara Bayly with Cannabis on that one occasion, and both you and her smoked a joint at your premises.

17 You also accept that later on that night you enquired of the complainant had she smoked methylamphetamine (that is ice) before, and on being told that she had, you asked if she wanted some of your ice and she agreed. On that one occasion, you grabbed an ice pipe and held it to her and she had six or seven puffs and then was “tripping out”.

18 You also accept that on 14 October 2016, you drove Simpson, the tenant in your premises, together with Lara Bayly, to a bottle shop in Warragul, where you purchased a six-pack of vodka for them to drink.

19 Your counsel submits that the following matters are relevant in mitigation of sentence:

(a) You have pleaded guilty to all offences. In relation to the offence constituted by Charge 1 on Indictment No.H10250285.A – supplying cannabis L. – it is accepted that you pleaded guilty at the committal stage and, in particular, although there was a committal, no witnesses appeared at the committal for this charge. Your counsel also notes that during your record of interview, you accepted that you had supplied the complainant with cannabis on that particular night. In such circumstances, this must be seen as an early plea.

In relation to the offence constituted by Charge 2 on Indictment No.H10250285.A – supplying methylamphetamine, you pleaded guilty on 5 February 2018, which was not in itself an early plea, but came about, you submit, after the prosecution was prepared to no longer prosecute the sex-related offences.

Although the plea of guilty in relation to Charge 1 on Indictment No.H10250285.B – that is, trafficking in cannabis L, was not an early plea, such plea again came about at the time after the prosecution was prepared to no longer prosecute the sex-related offences.

In relation to the offending in relation to supplying someone under the age of 18 with alcohol, counsel notes that the maximum penalty is a fine only.

Ultimately, your counsel submitted there is some utilitarian value in the pleas of guilty in that the time, cost and resources of the court are obviated by not having to proceed to a trial. Furthermore, it obviates the necessity for various young people to come and give evidence at such a trial;

(b) Your counsel accepts that you have demonstrated limited remorse in relation to your offending, and on your instructions submits that you wish to now lead a drug-free life, wish to re-engage with your sons and focus on art. It was submitted that this is somewhat borne out by, on your instructions, that you have foregone drugs since being in custody;

(c) You have no relevant prior convictions, and the effect of being convicted for this offending is that you have lost any chance of resuming your career in the area of child work;

(d) As a result of your offending, you have suffered much hardship and, in particular, when released from prison you will be probably declared bankrupt as you carry substantial debt brought about by moneys being spent on your drug habit. Furthermore, when remanded in custody you were not permitted to see your sons as they were witnesses in the subject matter. After you pleaded guilty to the trafficking of cannabis L - the offence which involved your sons, they were able to see you on one occasion, but apparently found it distressing to see you in custody.

20 Your counsel acknowledges that your position as a youth worker at the time of the offending is an aggravating factor. Although you had no direct employment role with the complainant, you were, of course, meant to be a role model for these young people who have come from distressed situations.

21 Your counsel also submitted, appropriately in my view, that general deterrence must play a significant role in the circumstances of this matter, and that specific deterrence, although relevant, has a more limited application given you have no relevant prior convictions.

22 Your counsel also noted that, consistent with your lack of prior convictions, you had previously good character, and that you were in the throes of a downward spiral of drug use when the offending occurred.

23 At the time of the plea, you had spent approximately 285 days in custody, and your counsel submitted an appropriate sentence would be effectively a straight sentence of time served (or close to it) or, alternatively, time served followed by a community correction order.

24 Counsel for the prosecution noted that as a lead tenant you were expected to act as a positive responsible role model for young people and give general direction to such people in your role. Of course, it is for you to establish and maintain appropriate boundaries with the young people who have experienced trauma or other difficult positions in their life. In this respect, it was submitted that an aggravating fact of this matter was the breach of trust to your employer and, indeed, the general breach of trust between you as an adult in your position and the children who you mixed with.

25 In relation to the trafficking charge, the Crown notes that a reasonably large number of children were the subject of this offence and it extended over a year. Although the Crown did not submit that you were profiting from drug supply, it is clear that you were “ready, willing and able” to supply a large number of children which effectively amounts to reckless disregard for the children. Again, counsel for the prosecution noted that obviously enough, cannabis is an illegal drug and has been often seen as a precursor to other drug use.

26 Counsel for the prosecution accepted, of course, consistent with the charges, you supplied the complainant only on one occasion with cannabis in circumstances where she had smoked cannabis before and also supplied, later in that evening, methylamphetamine, again in circumstances where she had said she had used that drug before.

27 The Court arranged for you to be assessed to determine your suitability for a community correction order. Such assessment occurred on 12 February 2018, and the Court has been advised that you are considered suitable for a community correction order. Beyond the core conditions, it is recommended by the assessing officer that you have further conditions involving treatment and rehabilitation for drug abuse and dependency and supervision.

28 I do note that the assessing officer recorded that you have been assessed as being a “medium risk of re-offending” according to the Level of Service Risk Assessment Tool.

29 Obviously enough, the legislature has seen fit to create offences involving persons either supplying drugs of dependence or trafficking in a drug of dependence to children. Such offences are reprehensible given the pernicious effect of drug-taking on young people. More so, the perpetrators of such offences are generally older adults who, because of age, maturity and worldliness, can make attractive the use of drugs.

30 I do consider an aggravating factor that in the circumstances of this matter you, through your experience as a youth care worker, would well understand the frightful consequences of drug-taking. Furthermore, in your role as a youth care worker, you were required to present a positive, responsible role for young people and mentor them through their various experiences as they come to you from distressed homes and backgrounds.

31 Furthermore, you have breached the trust that your employer vested in you and generally breached the trust between you, as an adult in your position, and the children that you mixed with.

32 The offence involving the trafficking of a drug of dependence seemingly was over a period of about twelve months and involved a number of young people, including your twin sons. Again, obviously enough, the length of the period of trafficking and the number of children involved is a relevant consideration in an appropriate sentence.

33 The offences involving the complainant Lara Bayly again highlight the seriousness of such charges. The complainant was only 14 years of age at the time you supplied her with cannabis and, more particularly, ice. Although there seemingly is an element of tolerance about the use of cannabis in the community, the use of ice in our community is a scourge giving rise to a host of social and legal problems.

34 Again, the offence of supplying alcohol to the complainant and the other child – albeit on one occasion – reveals a total lack of judgement in circumstances where you were meant to be a role model and helping these children to emerge as responsible adults.

35 In mitigation of your offending, I do accept that you were a user of cannabis and ice, and had been in the throes of drug dependency leading into and at the time of the offending. Furthermore, in relation to the supply of drugs of dependence, it is unclear whether you had a clear understanding as to the age of the complainant – although the complainant was clearly a child – and the offence of supplying cannabis and the offence of supplying methylamphetamine (“ice”), respectively, only occurred on one occasion on the same night in circumstances where the complainant had informed you that she had used both cannabis and ice before that night.

36 I also accept that the offence relating to the trafficking of a drug of dependence most likely commenced in circumstances where you were trying to protect your twin sons, initially from the drug and, later, when dealing with drug dealers for the purchase of cannabis. Seemingly, what may well have started as a protective act on your part for your sons, grew to the extent that you were purchasing cannabis for many of your sons’ friends and others.

37 I also accept that although the charge relates to trafficking of cannabis, you did not set out to make a profit nor did you make any profit in purchasing the cannabis on behalf of the various young people. In this sense, you were the conduit pipe rather than a trafficker in the true sense.

38 I also accept that although children, most of the children with which you trafficked cannabis were in the 15 to 18-year-old range and, indeed, the drug was cannabis rather than something like heroin, for example.

39 I also accept that as a result of your offending and general drug use up to the time of the offending your life has been dramatically affected. First, you clearly have lost any chance of pursuing your career in child welfare and also, because of the debt you have accumulated because of your pre-existing drug habit, your counsel indicates that it is highly likely you will be bankrupted in due course.

40 I also accept that your plea of guilty in relation to the charge of supplying cannabis, although not at the earliest opportunity, effectively occurred at the committal (which did not require any witnesses to give evidence) and, furthermore, it is to be noted that in your original record of interview, you ultimately accepted that you had supplied the complainant with cannabis on that particular night.

41 In relation to the charge of trafficking in cannabis, your plea of guilty was not early; indeed, it only came about after the prosecution was prepared to no longer prosecute the sex-related offences. Further, you pleaded guilty to the supply of methylamphetamine to the complainant on 5 February 2018 – again, after the prosecution was prepared to not prosecute the sex-related offences. Your counsel suggested that the two late pleas of guilty could only be facilitated after the special hearing of the complainant’s evidence in relation to the other offences for which you have been found not guilty.

42 In the circumstances, I consider that some benefit should be given for your pleas of guilty as some utilitarian value has arisen – the saving of the time, cost and resources of the court to proceed to a full jury hearing.

43 I do not consider that you have shown great remorse for your offending, although I accept that as you have moved out of the fog of drug-taking, you have come to appreciate more the nature of your offending.

44 I also accept that when released from prison you intend to pursue your art interests and have the support of your mother and sister. Furthermore, it also appears that you will have access to accommodation, all of which bode well for the future.

45 I have been informed by your counsel that, on your instructions, you have been drug-free in prison and have made a conscious decision not to use drugs, and believe that you have overcome that problem. I am also conscious that the Corrections officer assessed your risk of re-offending to be “medium risk”.

46 In all the circumstances, I consider that your prospects of rehabilitation are “reasonable”.

47 In determining an appropriate sentence, I believe that general deterrence and denunciation of the offences are important. In particular, general deterrence plays a significant role in general in relation to offences which involve the supply of trafficking of drugs to children, even more so in the circumstances of this matter, where you were a youth welfare worker.

(i) In relation to Charge 1, you are convicted and sentenced to a period of imprisonment of nine months. Such sentence will be the base sentence.

(i) On Charge 1, you are convicted and sentenced to a period of imprisonment of two months;

(ii) On Charge 2, you are convicted and sentenced to a period of imprisonment of four months;

I direct that such sentences are to be served concurrently, giving a total effective sentence on this indictment of four months' imprisonment.

(c) The court directs that three months of the sentence in relation to Indictment H10250285.A be served cumulatively upon the sentence imposed in relation to Indictment No.H10250285.B

(d) I declare that the 314 days you have served up to today as pre-sentence detention is to be administratively deducted from this sentence as time already served;

(e) Further, in relation to Charges 1 and 2 on Indictment H10250285.A, you are to be further sentenced to a community correction order for a period of 18 months. You will attend the Morwell CCS within two clear working days of being released from prison. In addition to the mandatory terms, there will be the following orders:

(i) Pursuant to s.48D(3)(a) of the Sentencing Act 1991, you are to undergo assessment and treatment (including testing) for drug abuse or dependency;

(ii) Pursuant to s.48E of the Sentencing Act 1991, you are to be supervised, monitored and managed as directed by the Secretary for the Department of Justice and Regulation for 12 months, the length of the community correction order;

(f) In relation to the uplifted summary offence of supplying alcohol to a minor, you are convicted and fined a sum of $250.

(f) Pursuant to s.6AAA of the Sentencing Act 1991, I declare that save for your plea of guilty in relation to the subject offending, I would have sentenced you to a period of imprisonment of 18 months.

50 MR STOUGIANNOS: Your Honour, there is a disposal order and a forfeiture order that had been sought in relation firstly to the drugs and the ice pipe.

52 MR KOZLOWSKI: Your Honour, just in relation to the first item on the forfeiture order - - -

55 MR STOUGIANNOS: Yes, there has been an amendment made to that. So there is three - - -

59 Mr Wilson, I just want to say this to you. You have made some bad mistakes. I do not think you are an evil man but you have made bad mistakes and you have paid the price for it largely already. As you probably appreciate, there is not much more prison time after today but then you have to engage in a community corrections order. And that is just as much as a sentence as a sentence of imprisonment. That community corrections order will involve you being supervised and also assisting you to overcome or to help you to continue to overcome your drug habit. I must indicate to you that you must abide by the terms of that order. If you do not, you will be brought back before me as breach of that order and my powers can extend to actually - rather than continuing that order, I can order that you serve time in prison.

60 I might add, the community corrections order is largely for your benefit too. This will assist you with any remaining problems about overcoming drugs. Drugs have been a major source of your problems in this case. And one hopes, as your counsel has told me, that you will have overcome that problem since being in prison because you must, hopefully, be aware of the actual horrors of drugs when they overtake you as demonstrated by your life, described by counsel as unravelling.

63 HIS HONOUR: Yes, thank you very much. Yes, just keep him here for a second. The orders have to be signed.

County Court of Victoria

DPP v Wilson [2018] VCC 239 (7 March 2018)