Townsville District Court: Judge highlights complexities around transgender inmates at Queensland prisons

A judge highlighted the complexities surrounding transgender inmates in prisons as a trans man was sentenced for drug trafficking with the threat of jail time before him.

Townsville Court House. Picture: Shae Beplate.

The complexities surrounding a defendant’s possible short-term jail sentence was discussed at length in Townsville District Court as a judge raised concerns with a transgender man serving actual time behind bars.

Crown prosecutor Laura Moore told the court 31-year-old Ricky James Botterill sold mostly marijuana over an eight-month period, where he used Snapchat to advertise to 10 to 20 regular customers.

She said when police searched the man’s property on January 20 last year he made full admissions to making $400 a week however it was “unclear” what the full profit values were.

Townsville District Court: Ricky James Botterill sentenced for drug trafficking. Picture: Facebook

From the outset Judge David Kent KC said it would not be a straightforward matter as he would have to consider the Custodial Operations Practice Directives related to transgender or gender diverse prisoners.

Defence barrister Molly Mahlouzarides instructed by Legal Aid Queensland first touched on the support Botterill had in the courtroom with his family members, friend and mental health nurse sitting at the back of court.

She said her client had suffered trauma throughout childhood which could be linked to substance abuse at an early age and submitted a psychologist report as well as letters from former colleagues that discussed his “good reputation” while working in his former childcare position, as well as the “positive changes” he’d since made by attending therapy.

Judge Kent said the details in the Queensland Corrective Service Directives included “great ideas” but shared concern with how they were to be put into practice.

“For example, transgender or gender diverse prisoners should be provided access to shower and toilet facilities that provide privacy and dignity of the prisoner,” he said.

“And I’m sure that’s possible but it’s not all that easy, there’s a number of other things that do place a pretty heavy burden on the staff.”

Judge Kent said staff are meant to detect certain behaviours while managing prisoners.

“Trans and gender diverse persons like other prisoners can be subject to sexual and other assaults,” he said.

“As the directive acknowledges, the overarching obligation of the system is to keep people safe.

“So what strikes me about all of that is a custodial sentence for someone in your client’s position does apply some burden on the system.”

Framework ‘provides no certainty’

Ms Mahlouzarides said prison did not have to be the outcome for her client’s sentence.

“Yes it’s onerous on not only Mr Botterill but the system itself,” she said.

“For someone who has taken every step to embark on rehabilitation it may be that burden is not necessary.

“What the practice does is it provides a framework for the corrective services to consider but it provides no certainty about precisely what’s going to happen in Mr Botterill’s case.”

Taking the mitigating factors into consideration such as the man’s rehabilitation efforts, gaining full time employment and lack of criminal history the judge determined that it would only be “three to four months” of actual time behind bars.

“Putting him in custody where corrective services have to deal with all of this, it wouldn’t be easy to deal with,” His Honour said.

The Townsville Correctional Centre. Picture: Evan Morgan

‘Big burden on corrective services and exposing him to risk’

“It’s not his fault, it’s not new. It seems to me a short period of custody, in my view is not really very productive and not an appropriate exercise of the sentencing discretion where you’re taking someone out of the community who has got full time employment and in unusual circumstances,” His Honour said.

“You’re imposing a big burden on corrective services and exposing him to risk.”

The crown prosecutor said she agreed that a short period in custody was “not desirable”.

“However I suppose the utility of a period in custody are those features of punishment and general deterrence,” Ms Moore said.

His Honour said he agreed and the crown was “not unreasonable” in saying that and emphasised people “can’t run a business selling drugs”.

When handing down a sentence, Judge Kent reiterated the corrective service policies were to keep people safe while in prison.

“There is no one correct sentence for each offender for each offence, it may well be other judges disagree with my conclusion but it is quintessentially an exercise of discretion,” he said.

Botterill pleaded guilty to 10 charges including drug trafficking, supplying drugs, possessing drugs and possessing drug-related utensils.

He was sentenced to two and a half years jail with an immediate parole release date.

Originally published as Townsville District Court: Judge highlights complexities around transgender inmates at Queensland prisons