Man in jail for drug trafficking wins reduction in sentence

Craig Scott, 29, appeared at the County Court of Victoria via video link on Thursday.

He appealed a sentence of 16 months jail imposed at the Ballarat Magistrates' Court in May.

Scott pleaded guilty to driving while disqualified with false number plates in November 2019, one month after he was released from prison.

Later that month police executed a search warrant at his home and found more than 37 grams of methamphetamine, 15 grams of ecstasy, cash, weapons, ammunition, a stolen car, stolen tools and number plates.

Scott also breached a community corrections order.

Defence barrister Sally Buckley said the 16 month sentence imposed in May was 'excessive'.

She said Scott had a background of disadvantage which had caused behavioural problems.

She said the burden of imprisonment was increased due to the coronavirus pandemic.

Judge Michael Cahill said Scott had an extensive criminal history extending back to 2011 and he had served a number of terms of imprisonment.

Ms Buckley said the current term of imprisonment was his longest and his prior history reflected entrenched substance abuse issues and his disadvantaged background.

"He is someone who has received a number of terms of imprisonment and some care must be taken to guard against any risk of institutionalisation," she said.

Judge Cahill said Scott appeared unable to comply with community based dispositions as he offended within weeks of his release from prison in October 2019.

"Unfortunately a long standing drug addiction has led him to offend on many occasions and prison hasn't deterred him from reoffending and hasn't assisted him to manage his drug addiction," he said.

"One would hope as he gets older he will mature a little and start to understand what he really needs to do to get his life in order."

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Crown prosecutor Stephanie Clancy said Scott was in possession of a large quantity of drugs and that was an important consideration in sentencing.

"In terms of trafficking, 37 grams is certainly not at the lower end. It is 12 times the traffickable quantity," she said.

Ms Clancy said he was also on a community corrections order at the time and had previously been sentenced for trafficking methamphetamine, which were aggravating features of the offending.

Judge Cahill said he accepted the prosecution's submission general deterrence was a significant sentencing factor in the case of drug trafficking.

"As you well know the use of illicit drugs causes great damage to the community and individuals," he said.

Scott's overall sentence was reduced on appeal to a total effective sentence 14 months imprisonment with an eight month non parole period.

"I have taken into account the need to promote your rehabilitation if possible in the community," Judge Cahill said.

"I would hope now you are 29-years-old you might develop some maturity and understand there are people who love and care for you.

"If not for anyone but them you need to get your life back in order."

Scott has served 234 days in pre-sentence detention.

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