The Court of
Criminal Appeal, consisting of Chief Justice Doyle, Justice
Kevin Duggan and Justice Tim Anderson, has ruled that the
serious nature of Jacob John Stevens' offending warranted a
custodial term.
In their strongly
worded judgment, Justices Doyle and Duggan said if the suspended
sentence was allowed to stand, it "would send the wrong message"
to the public and those involved in managing nightclubs.
"There is a known
problem with, and reason for, concern about the availability of
drugs at such venues," they state.
"Cases coming
before the courts indicate that the use of methylamphetamine is
increasing and that nightclubs have become a source for this
drug.
"When it becomes
known to the public that someone in a responsible position at
such a venue is a willing source for the purchase of drugs,
there is cause for substantial concern. The circumstances of
this case make it important the aspect of public deterrence is
emphasised in the sentence imposed.
"In the
circumstances of this case we consider the public interest
requires the element of public deterrence take precedence over
factors personal to the respondent".
Stevens, 23, was
arrested in March last year, following a three-month undercover
operation in which a police officer purchased methylamphetamine
from him on five occasions.
Police telephone
intercepts also revealed Stevens, who was a security officer at
Rapture nightclub on North Tce at the time, was also selling
drugs to others.
Stevens pleaded
guilty in the District Court in February to two charges of
possessing methylamphetamine for sale, five charges of selling
methylamphetamine and one charge of producing cannabis.
In March, Judge
Marie Shaw sentenced Stevens to three years in prison with a
non-parole period of 18 months. She suspended the sentence and
imposed a $200, two-year good behaviour bond and ordered him to
perform 250 hours community service.
In her sentencing
remarks, Judge Shaw said she was impressed by Stevens' referees
and his attempt to rehabilitate himself and said he "ought to be
given one last chance" to turn his life around.
Director of
Public Prosecutions Stephen Pallaras, QC, immediately sought
permission to appeal against both the leniency of the sentence
and the decision to suspend it.
In the appeal
judgment, Justice Anderson said that young people were
"particularly at risk in the light of the ready availability of
the drug at entertainment venues" which they frequent.
He said that in
order "to maintain proper sentencing standards" it was necessary
to allow the appeal and substitute a sentence "which gives
adequate weight to general and personal deterrence in
drug-dealing cases".
"It is my view
that the over-emphasis on the personal circumstances of the
respondent, and the corresponding failure to take adequate
account of the requirement of deterrence in a matter such as
this, which led to the suspension of the sentence, have resulted
in a penalty which falls far short of what is appropriate in the
circumstances," Justice Anderson states.
