R v Bourne [2014] ACTSC 401

CRIMINAL LAW - Sentence - Particular Offences - drug offences - traffic in cannabis.

1. Mr Bourne, you appear before me today for sentence with respect to an offence of trafficking in cannabis which was committed between 13 and 16 November 2012 (CC2012/11055). You also appear with respect to a further offence of trafficking in cannabis on the 19 December 2012 (XO2014/30088). The first of those offences is in proceedings SCC82A of 2013 and the second is in SCC82B of 2013. I note with respect to the first offence that an Agreed Statement of Facts has been placed before the Court. Essentially, that offence involved one transaction involving 200.00 grams of cannabis being sold for a sum of $1,000.00. With respect to the second offence, police located 443.10 grams of cannabis during the execution of a search warrant at your premises. That cannabis was located in your motor vehicle which was parked in front of your residence. The Crown relies on the statutory presumption that you had the substance for sale or supply based on the weight of the substance.

2. I take into account that you entered pleas of guilty with respect to each of these charges, but each was a very late plea. Each plea was entered immediately before the trial which was listed for each of those charges, therefore reducing the utilitarian value of the pleas and also demonstrating limited remorse. I will, however, take that into account and, to the extent that it is appropriate, reduce by approximately five per cent the sentences that I would otherwise have imposed.

3. I take into account the contents of the Pre-Sentence Report that was put before me. I note that you have a limited criminal history but not such as to deprive you of any leniency in the current proceedings. I note that you are currently 27 years old. I also take into account the contents of the letter from Alex Miranda, which was tendered during the course of the sentence hearing.

4. I note that the co-offender with respect to the first offence, who was involved to a lesser extent, was convicted and a Good Behaviour Order for a period of 15 months was imposed. I intend to proceed by way of a Good Behaviour Order with respect to each of these offences. I will also impose a fine on the first offence and also a period of community service on the second offence. I note that you gave some evidence before me in the sentence hearing and it is a matter of concern to me that you continue to apparently be a member of the Rebels Motorcycle Club and that you continue to maintain connections within that organisation. It is a matter of concern because it seems to me that, if you maintain those connections, there is the risk that you may become involved in criminal offending in the future, it being notorious that members of that organisation are from time to time involved in criminal offending, such that your involvement with people who are part of that organisation leads to the risk that you may become involved in such activity.

5. As I have said, on the present occasion I do not consider that these offences call for an immediate term of imprisonment or indeed any sentence of imprisonment.

6. On the charge of trafficking in cannabis (CC201211055), I record a conviction. There will be a Good Behaviour Order for a period of 22 months with a condition that you are to accept the supervision of ACT Adult Corrections for that period of 22 months or such lesser period as deemed appropriate by your supervising officer. You are to comply with all reasonable directions of officers of that service. I also impose a fine of $3,000.00, to be paid within nine months..

7. With respect to the charge of trafficking in cannabis (XO30088), you will be convicted and there will be a Good Behaviour Order for a period of three years with conditions that you are to accept the supervision of ACT Adult Corrections for that period of three years or such lesser period as deemed appropriate by your supervising officer and you are to comply with all reasonable directions of officers of ACT Adult Corrections. It will also be a condition of that Good Behaviour Order that you are to complete 300 hours of community service within a period of two years as directed by officers of ACT Adult Corrections.

I certify that the preceding seven [7] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns.