Victorian Sentencing Manual.

7 – Drug offences
7.4 – Trafficking a drug of dependence
Click here to download these summaries

7.4.1 – Court of Appeal

7.4.1.1 – Court of Appeal sentence overview

Cases decided from 2007 to the present where trafficking a drug of dependence was the principal offence, organised by head
sentence.

See the notes at the foot of this page for guidance about the relevant statutory quantities.

Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

Arnautovic [2012] 8½y 6y 8½y NG Heroin - unknown

VSCA 112

Waters [2011] VSCA 8½y 6y3m 4y x 2, 3y, 18m G Methylamphetamine – 707g sold over five months;
415 x 2, 12m manufacture (unquantified); possessed 121.9g for sale
Cannabis - 18.8kg sold over about five months
MDMA - street value $10k-20k (unquantified)
Principal offender

Ramadan [2011] 7y9m 4y 6y, 3y, 2y G Methylamphetamine – 800g

VSCA 50
MDMA – 350g
Cannabis – 5kg

Sumner [2010] VSCA 7½y 5y 6y NG Clandestine lab manufacture of methylamphetamine

298

Short [2016] VSCA 6y10m 4y3m 6y6m G Methylamphetamine, total quantities unknown, evidence of
210 $63,125 being laundered

Minh Tam Dang 6½y 5y 6y G Heroin – 419.8g

[2010] VSCA 13
Higher than street level trafficking

McNaughton [2014] 6y4m 3y10m 3y8m, 2½y, 2y, G Methylamphetamine – 596.4g

VSCA 174 18m, 12m
MDMA – 44.5g
Cocaine – 3.2g
MDA – 8.7g
LSD – 6.53g
Financier and director of operation - its driving force

Dare [2009] VSCA 91 6y3m 4y3m 4y, 3y, 12m G Amphetamines - 400-500g over six months
Methylamphetamine, cannabis, ecstasy, LSD and steroids –
all unquantified

De Luca v The King 6y3m 4y3m (plus 3y6m, 9m G 1,4-Butanediol - 200.2 kg

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Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

[2023] VSCA 44 18m licence Methylamphetamine - 26.1g

disqualificatio
n, $750 fine)

Hoang [2013] VSCA 6y 4y 6y G Heroin - 199g

287
Courier

Boca [2011] VSCA 50 6y 3y 6y G Methylamphetamine – 822g

Djukic [2010] VSCA 6y 4y 4y, 3y, 2y, 12m G Heroin – 56.4g

65
Methylamphetamine – 33.9g
MDMA - 5g
Methylamphetamine – 12.2g
Trafficker to users

Lines [2007] VSCA 6y 4y 6y G Amphetamines

229
Substantial and persistent trafficking over three months

Haddara [2015] VSCA 6y 3y9 3y G Methylamphetamine - 496.03g (0.99 x CQ)

158

Interlandi v The 5y9m 2y9m 5y G Cocaine (mixed) - 376.6g (0.75 x CQ, 0.38 x LCQ)
Queen [2022] VSCA
55

Markovski [2009] 5½y 3½y 4y, 2½y G Methylamphetamine – 114g + other amounts
VSCA 65
Retailer & wholesaler

Latina [2007] VSCA 5y3m 4y 3½y G Methylamphetamine – 57.9g

78

Milk [2015] 5y1m 3y6m 4y6m, 9m, 6m G Methylamphetamine - unquantified

VSCA 237
Cannabis - unquantified
Amphetamine - unquantified

Taumoefolau [2015] 5y 3y6m 3y6m, 3y6m, 2y G Ecstasy - unquantified

VSCA 91
Methylamphetamine - unquantified
Cannabis - unqualified

Latina [2015] VSCA 5y 2y9m 3y G Methylamphetamine

102

Ridge [2013] VSCA 5y 621 days 4y10m, 6m G Methylamphetamine - unquantified

203

Mune [2011] VSCA 5y 3y 2y, 2½y G Methylamphetamine – unquantified

231

Mundy [2008] VSCA 4y9m 2y 9m 15m, 2y, 3y9m G Cocaine – 16 ounces

184
Cannabis - unquantified

Rogers [2008] VSCA 4y9m 2y7m 3½y x 2 G Phenyl-2-propanone – 936g

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Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

114 Amphetamines – 191g

[2004 offence]

Le; Le [2011] VSCA D1: 4½y D1: 3y D1: 4½y G Heroin - 251.4g
391 D2: 4½y D2: 3y3m D2: 4½y
Independent principals

Nga My Dang [2010] 4½y 3y 4½y G Heroin – 307g

VSCA 13
Trafficking at higher than street level

Zerafa [2013] VSCA 4y4m 3y2m 3y9m x 3 G Methylamphetamine - 148.7g

42
MDMA - 0.2g
Cannabis - 15.4g

Doble [2007] VSCA 4y2m 2y1m 3y, 18m G Methylamphetamine and heroin – unquantified
47

Dominique [2009] 4y4m 2y11m 3½y, 12m x 2, G Amphetamines – 123g

VSCA 133 18m, 3m
Ecstasy – 50 tablets
Cocaine – 1.2g
Cannabis – 8g
Heroin – 0.2g

Georgiou [2009] 4y1m 2y1m 4y NG Methylamphetamine – unquantified

VSCA 57

Gioffre [2020] VSCA 4y 2½y 4y G Cannabis - 84g

177 (early)

Fernandez [2014] 4y 2½y 3½y G Methylamphetamine - 24.5g (90% purity)

VSCA 169

Walker [2011] VSCA 4y 2y 4y x 2 G MDMA and amphetamines

230

Tran [2007] VSCA 19 4y 3y 4y NG Heroin – 88.6g

Possession for sale

Baensch v [2010] 4y 3y 6m, 4y G Heroin – 8.3g

VSCA 191

Trikilis [2010] VSCA 4y 2y9m 2½y, 6m x 2, 2y G MDMA - 450-490g (2200 ecstasy tablets)
241
Cocaine - 405g
Testosterone - 1.5kg
Methylamphetamine – 150g

Londrigan [2010] 4y 2y8m 3½y G Methylamphetamine – purchased precursor capable of

VSCA 81 producing 40g; also involved in some sales

Tien & Tien [2007] 4y 2½y 3y G Heroin – purchased 80g over 149 days, sold 56g
VSCA 56

Wright [2008] VSCA 4y 2½y 3y x 2, 6m G Ecstasy and amphetamines

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Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

19 Supply to street dealer over four months

Cannabis supplied over one month

Gabriel [2008] VSCA 4y 2½y 3y x 2 G Ecstasy and amphetamines

19
Supply to street dealer over four months

Bassie [2009] VSCA 4y 2½y 3½y, 12m G Heroin –1/3 share of 500g
120
Methylamphetamine – 28g

Waugh [2009] VSCA 4y 2½y 3½y, 18m G Amphetamines & methamphetamine – unquantified
92
Trafficked to street dealer and end customers

Prideaux [2009] 3y10m 2y 2½y x 2, 18m x G Amphetamine – 1g

VSCA 193 2
Cannabis – 27g
Cocaine – 21.5g
Methamphetamine – 22.54g

Hadil Kada [2017] 3y9m 2y 3½y G Methylamphetamine - 400.1g (purity ranged from 62.5%-
VSCA 339 (early) 79%)

Hearnden [2011] 3y9m 2y 3y G Methylamphetamine – 481g possessed for sale

VSCA 369
Principal offender

Rajic [2011] VSCA 51 3y9m 21m 3y, 6m G Manufactured methylamphetamine and also sold 70g of
drug – 203g

Dislakis [2016] 3y6m 2y3m 3y6m G Methylamphetamine - unquantified

VSCA 297

Tarakci [2010] VSCA 3½y 2y3m 3y3m, 18m x 2 G Amphetamine-type substances - 432g
270
Methylamphetamine - 7.5g
Ecstasy - 10 tablets
Street-level trafficking

Grech [2013] VSCA 3½y 18m 3y3m G Methylamphetamine - unquantified

117

Pak [2012] VSCA 4 3½y 2y4m 3y, 3m G Methylamphetamine – unquantified

Cannabis - unquantified

Hilder [2011] VSCA 3½y 2y 3½y G Methylamphetamine – unquantified

192

El Bayeh [2011] 3½y 2½y 3½y NG Phenyl -2-propanone – 2.5L (methylamphetamine

VSCA 44 precursor)

Ferguson [2008] 3½y 2½y 2½y x 2 NG Cocaine – 2g

VSCA 257
Methylamphetamine – 21g

Sebborn [2008] VSCA 3½y 2½y 2y, 2½y G Methylamphetamine – unquantified

200

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Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

Ellis [2009] VSCA 3½y 2y4m 3½y x 2 G Amphetamines – 112g

186
MDMA & amphetamines – unquantified
Ecstasy – 94 tablets

Nguyen [2010] VSCA 3½y 2y 3½y G Heroin trafficked over seven months
236

Bala v The Queen 3½y 2y 3½y G Cannabis – 1.27kg

[2010] VSCA 78
Sale & delivery

Morgan [2016] VSCA 3y4m 1y8m 2y, 9m G MDMA (ecstasy) tablets - 249.8g (20% purity)
143
Methylamphetamine - 2.7g with 0.7% purity, 0.2g with 2%
purity

Vozlic [2013] VSCA 3y3m 2y 3y G Amphetamine - 31 ounces, valued at $173,600

113

Haval Kada [2017] 3y3m 1y9m 3y G Methylamphetamine - 333.4g (purity ranged from 62.5%-
VSCA 339 (early) 79%)

Bentley [2010] VSCA 3y3m 18m 3y G Methylamphetamine - unquantified

217

Hawker v The Queen 3y3m 15m and $200 3y, 1y G (late) Heroin – 5.7kg of which 207.4g was pure
[2022] VSCA 127 fine Methamphetamine – 15.8g
1,4-butanediol – 26.2g

Zarghami [2020] 3y1m 1y6m 3y G Cocaine - 261.3g mixed, 189g pure

VSCA 74

Tiong [2016] 3y 2y 2y6m, 18m G Methylamphetamine - 386.6g (90% pure)

VSCA 257
Cocaine - 10.1g (20% pure)

Ceylan [2011] VSCA 3y 20m 3y G Trafficking methylamphetamine by manufacture over 9

318 months (unquantified)

Lacey [2007] VSCA 3y 18m 3y G Heroin – with two co-offenders, sold $38,160 worth over
196 two months

Sengul v The King 3y 1y6m 3y G 1,4 butanediol - 18.96kg (9.48 x CQ)

[2023] VSCA 63 (early)

Topal [2019] VSCA 3y 1y 3y Cocaine - 819.5g (mixed quality)

289
Part of a syndicate, D involved with delivery, collection
and receiving payment.

Xeba [2009] VSCA 3y 2y suspended 2y9m x 2 G Heroin & methylamphetamine

205 for 3y
Packaging and transport of unspecified quantity over 4
month period

Briggs [2010] VSCA 3y 2y wholly 2½y, 9m G Ecstasy - 1,750 tablets purchased for sale (but returned 900
279 suspended for tablets unsold)
2y
Cannabis - 1.33kg trafficked
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Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

Schmidt [2010] VSCA 3y 21m 3y G Amphetamines – three years as link between syndicate &
5 suspended for customers
2y

Fattah [2016] VSCA 3y wholly 3y G Methamphetamine - D's trafficking comprised five

43 suspended transactions over a seven week period (involving sourcing
and delivering $120,000 of meth oil an being present when
the oil was tested, delivering vacuum-bags of
methamphetamine and couriering cash from Melbourne to
Sydney).

Tran [2018] VSCA 2y10m 1y10m 2½y, 12m, 10m G Methylamphetamine - 19.6g in 11 transactions for $450 per
107 (early) 1.7g
Heroin - 3.5g
Ecstasy - 40 tablets
Intercepts also indicated that D discussed a proposed
transaction of $14,000 worth of methylamphetamine;
collected 28g methylamphetamine from a supplier on M’s
behalf for $7200; and trafficked 7.9g plus $150 worth of
either methylamphetamine or heroin in five transactions.

Ross [2022] VSCA 2y9m 1y 10m 20m, 18m G Methylamphetamine – 56.4g in D’s abandoned bag and
149 (early) 30.5g in D’s hotel room
1,4 Butanediol – 35.1g

Luu [2018] VSCA 92 2y7m 24m 2½y* G Methylamphetamine, heroin and amphetamines - less than
5g each
Aggregate
sentence Methylamphetamine - 142.69g

Bidmade [2009] 2y7m 21m 2½y G Amphetamine – 80g over four months of trafficking
VSCA 90

Sheen [2009] VSCA 2y7m 20m 2y, 12m, 1m G Methylamphetamine – 12.91g + other amounts
65
Cocaine – 0.3g

Koumis [2013] VSCA 2½y 18m 2y, 12m G Amphetamine - 64.3g

47 suspended for
3y Heroin - 15.2g

Jack [2011] VSCA 51 2½y 18m 2y G Methylamphetamine – 80g

Johnson v The King 2½y 18m 2½y G Methylamphetamine – 114.6g

[2022] VSCA 228 (early)

Ververis [2010] 2½y 18m 2½y G Methylamphetamine – 417.6g

VSCA 7
Possessed for sale

Doherty [2009] VSCA 2½y 18m 2½y NG Amphetamine – 38g

93
Trafficked to street dealer over one month period

Hashmi [2014] VSCA 2½y 12m 2y4m G Methylamphetamine – 147.9g

291

Rekhviashvili [2010] 2y5m 18m 15m x 2 G Methylamphetamine – 3.8g

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Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

VSCA 3 Amphetamine – 3.6g

Bennett [2009] VSCA 2y4m 10m 2y4m G Methylamphetamine – manufactured 6g / week over six
42 suspended for months
2y

Dowdell [2012] 2y3m 205 days PSD 18m G Cannabis – unquantified

VSCA 125 declared - rest
of sentence
suspended for
2y

Kelly [2011] VSCA 2y3m 16m 26m G Pseudoephedrine – unquantified

10

Reed [2007] VSCA 67 2y3m 13m 2y G Pseudoephedrine – pharmaceutical firm employee stole 1.2
to 1.7kg and passed to amphetamine manufacturer

Tran [2017] VSCA 2y3m 1y (plus $4100 2y G Heroin - 354.6g

314 fine)

Moir [2009] VSCA 65 25m 15m 18m, 12m, 1m G Methylamphetamine – 8.71g + other amounts
Cocaine – 0.3g

Vincent [2016] 2y + 5pu fine 18m 2y (aggregate - G Methylamphetamine (relatively small quantities)
VSCA 211 traffick;
possess; handle
stolen goods;
possess firearm
& weapon)

Gul [2016] VSCA 82 2y 12m 18m, 12m G Anabolic and androgenic steroidal agents - 4.96kg (0.99 x
CQ)
MDMA - 53.8g, 30-70% purity (0.11 x CQ)
MDA - 17.9g, 12% purity (0.04 x CQ)

Xi [2011] VSCA 342 2y 14m 2y, 3m G Methylamphetamine - 30.6g + other amounts

Le [2008] VSCA 155 2y 15m 2y G Heroin – street level trafficking over 3½ months

Shortis [2007] VSCA 2y 12m 2y G Received 1.2 to 1.7kg stolen pseudoephedrine and passed
67 to amphetamine manufacturer

Ienco [2008] VSCA 2y 9m 21m G Methylamphetamine – 1,413 tablets at 6% purity

17

Tien & Tien [2007] 2y 15m 18m G Heroin – 6.2g

VSCA 56 suspended for
2y

Scott [2010] VSCA 2y 14m 2y G Methylamphetamine – 224g, 11 transactions, value

290 $48,000

Powell [2015] VSCA 2y 15m 1y G Methylamphetamine – 23g

93

Haddara [2016] 2y 14m 2y, 1m G Methylamphetamine - 105.1g (1.05 CQ), 9 sales

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Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

VSCA 168 Cannabis - 4.6g (1 sale)

Ahmad [2015] 674 days, 674 days, 590 days G Methamphetamine - unspecified
VSCA 23
3y CCO - 3y CCO - 250
250 hr hr community
community work
work

Dordevic [2016] 23m - 18m, 15m G Methylamphetamine - 154.1g (including 119g pure - 1.19 x
VSCA 166 CQ)
2y CCO 2y CCO
Cocaine - 5.5g (purity unstated)

Redenbach [2017] 23m 23m - G GHB – 24.2g

VSCA 2

Stamenkovic [2009] 20m 12m 18m G Methylamphetamine – 24.2g

VSCA 185

Nov v The Queen 18.64m & 3y - 18.64m & 3y G Cannabis – 5-10 pounds
[2020] VSCA 11 CCO CCO (early)

Momcilovic [2010] 18m 16m 18m NG Methylamphetamine – 458.8g

VSCA 50 suspended for
16m Possessed for sale – D permitted her trafficker partner to
store drugs in her unit

Volkan [2019] VSCA 12m and 2y - 12m and 2y G (late) 1,4-Butanediol - 1,637g
33 CCO CCO
(aggregate) Unsophisticated and amateurish offending.

Robinson [2016] 12m and 12m - 12m and 12m G Methylamphetamine (quantity unknown)
VSCA 225 CCO CCO

El Achkar [2016] 8m and 2y - 8m and 2y CCO G / NG G - Methylamphetamine – 56g

VSCA 209 CCO (aggregate)
NG - 27.8g

Nguyen v The King 6m - 6m G Heroin - 2.1 kg

[2023] VSCA 310

Stevens [2020] VSCA 4.21m and 2y - 4.21m and 2y G Cannabis - 1.81kg (0.07 x CQ)
170 CCO CCO (early)
$500 fine

Kheir [2012] VSCA 64 days - 64 days G Methylamphetamine – quantity and value unknown
13

DPP v Apostolopoulos 3y CCO - 3y CCO G Cocaine - 204.7g (0.41 x CQ)

[2016] VSCA 201

Ashweirth [2015] 3y CCO - 3y CCO G Aiding and abetting - methylamphetamine - quantity and
VSCA 224 (aggregate value unknown
sentence - Aid
and abet amphetamine - 3.5g
trafficking,
attempt traffick;
2 x knowingly

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 Victorian Sentencing Manual.

Case Head NPP / Order Individual Plea Drug & quantity

sentence trafficking
sentence

deal proceeds of
crime, possess
d.o.d)

McAleer [2015] 2y CCO - 2y CCO G Aiding and abetting - methylamphetamine

VSCA 4

Please note that different threshold quantities apply for trafficking methylamphetamine in a commercial and large commercial
quantity committed on or after 1 November 2017. Despite the changes in the applicable threshold quantities, meaningful
comparisons may still be made between cases to which different threshold quantities applied if attention is focused on the
threshold multiplier (expressed as a multiplier/percentage of the commercial/large commercial quantity for the drug). This
multiplier information is indicated in the overview.

Cases decided from 2007 to the present where trafficking a drug of dependence was a secondary offence, organised by
individual sentence

The facts of these cases are summarised in the collection for the indicated principal offence. See the notes at the foot of this
page for guidance about the relevant statutory quantities.

Please note that different threshold quantities apply for trafficking methylamphetamine in a commercial and large commercial
quantity committed on or after 1 November 2017. Despite the changes in the applicable threshold quantities, meaningful
comparisons may still be made between cases to which different threshold quantities applied if attention is focused on the
threshold multiplier (expressed as a multiplier/percentage of the commercial/large commercial quantity for the drug). This
multiplier information is indicated in the overview.

Note: d.o.d. = drug of dependence; LCQ = large commercial quantity.

Case Individual Plea Drug & quantity Principal offence

trafficking
sentence

Lytras [2020] VSCA 4y6m, 4y G Cocaine – 70.9g, 1.53g Traffick CQ

150

Lord [2018] VSCA 3½y G Methylamphetamine - 1.1g Armed robbery

52
MDMA - 4.9g

Nguyen [2013] VSCA 3½y NG Cannabis - unquantified Cultivate CQ

63

Samac [2011] VSCA 3y, 4y G Methylamphetamine - unquantified Traffick LCQ

171

Arnautovic [2019] 3y, 2y, 1y x 3 NG - 1 x Heroin - 7g, 7g, 7g, and 33.8g Traffick CQ
VSCA 31 Trafficking
offence Methylamphetamine - 74.7g

G - all other
Trafficking
offences

Formosa [2012] 3y x 2 G Methylamphetamine and MDMA - Federal drug offences

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Case Individual Plea Drug & quantity Principal offence

trafficking
sentence

VSCA 298 unquantified

Gregory (a 3y, 12m, 2m G Cocaine - 131.8g (70% purity) (0.26 x Traffick CQ

Pseudonym) [2017] CQ)
VSCA 151
Anabolic steroids - 30 vials (estimated
street value $1,000, personal use)
MDMA - 5,000 pills

Kim [2019] VSCA 3y, 1y G (early) 95.7g methylamphetamine (0.38 x CQ) Traffick LCQ
149
10.9g of heroin with 80% purity (0.04 x
CQ)

Hafner [2012] VSCA 3y G MDMA - 265 pills Traffick CQ

190

Kneifati; Taha [2012] 3y G Cocaine – 420g Traffick LCQ

VSCA 124

Marku [2012] VSCA 3y G Cannabis – 14 plants Cultivate

51

Ly [2012] VSCA 24 3y G Diacetylmorphine - 82g Traffick LCQ

Koumis [2008] VSCA 3y G Methylamphetamine – 500g Traffick LCQ

84

DPP v Arvanitidis 2y9m, 12m G Ecstasy – 300 tablets (86g); Reckless conduct endanger life
[2008] VSCA 189 methylamphetamine - 7.4g (& 19.9g
crystallised)

Mustica; DPP v 2½y G Cannabis - between seven and 12.5kg Traffick CQ

Mustica [2011]
VSCA 79

McKenzie [2018] 2y, 18m, 6m, 3m G (early) DMT - 74g pure Traffick LCQ
VSCA 34
Cocaine - 38.5g
'Nexus' - 13.8g
MDA - 3g

Acciarito [2019] 2y G (early) Methylamphetamine - 18.6g Firearms offences

VSCA 264

Dawid [2013] VSCA 2y G Cocaine - $60,000 value Traffick LCQ

64

DPP v Kalakias 2y G Cocaine - unquantified Traffick CQ

[2012] VSCA 141

Bennett [2010] VSCA 2y G Cannabis - 5.89kg (13lb) Conspiracy to cultivate cannabis

280

DPP v Fleiner [2010] 2y G Ecstasy - six tablets, weighing 18.3g; Traffick CQ

VSCA 143 19.1g of a substance containing ecstasy

Velevski [2010] 2y G Methylamphetamine – 5.6g Traffick CQ

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Case Individual Plea Drug & quantity Principal offence

trafficking
sentence

VSCA 90

Vasic [2010] VSCA 2y G Methylamphetamine – 17.8g / Traffick LCQ

89 possessed for sale

King [2009] VSCA 2y G Heroin - unquantified Traffick CQ

190

Ahmad [2007] VSCA 2y, 9m x 2 G Methylamphetamine; ketamine; cocaine Traffick CQ

49 – all unquantified

Harrington [2010] 2y, 4m G Ecstasy - 8340 tablets; cocaine - 415g; Traffick LCQ
VSCA 249 methylamphetamine - 112g

Schembri [2020] 18m x 6 G 29 ecstasy tablets Sexual penetration under 16

VSCA 217
Two vials containing GHB
Hundreds of MDMA tablets
Other unnamed drugs

Cardona [2011] 18m G Manufacture methylamphetamine Traffick CQ

VSCA 58

Stanley (a 18m G Cocaine - 13.7g Traffick LCQ

pseudonym) [2017]
VSCA 54

DPP (Vic) v Fatho 18m G 1,4 Butanediol Traffick LCQ

[2019] VSCA 311
Offender 1

DPP v Loughnane 16m x 2 G Methylamphetamine; cocaine - Traffick CQ

[2009] VSCA 214 unquantified

Dang [2009] VSCA 15m G Cannabis – 2kg Cultivating

183

DPP (Vic) v Fatho 15m G 1,4 Butanediol Traffick LCQ

[2019] VSCA 311
Offender 2

DPP v Gonzalez 12m x 3 G methylamphetamine - 7g / morphine - Traffick LCQ

[2011] VSCA 175 22.8g / diazepam - 12.13g

Skubevski [2010] 12m x 2 G Methylamphetamine; MDMA Traffick CQ

VSCA 91

Ellis [2018] VSCA 12m G (early) Xanax Traffick CQ

221

Kennedy [2019] 12m G Cannabis - 582.6g Cultivating

VSCA 127

Nguyen [2016] 12m NG Heroin - 11.2g Traffick LCQ

VSCA 253

Nguyen [2016] VSCA 12m G Cannabis - 320.7g Cultivating CQ

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Case Individual Plea Drug & quantity Principal offence

trafficking
sentence

198

Nguyen [2010] VSCA 12m G Cannabis - $7000 value Cultivating CQ

244

Beruschi [2007] 12m G Ecstasy – 149g Attempted armed robbery

VSCA 232

Lang Dang [2008] 12m G Heroin - unquantified Traffick LCQ

VSCA 235

Jaross [2007] VSCA 12m G Ecstasy – unquantified; Traffick CQ

68 methylamphetamine - unquantified

Barca [2007] VSCA 12m G Marijuana – unquantified Threats

167

DPP v Bridle [2007] 12m wholly G Cannabis – unquantified Intentionally cause serious injury
VSCA 173 suspended for 2y

Alparslan [2007] 6m G Heroin – 1½ ounces Traffick CQ

VSCA 3

Nguyen [2019] VSCA 6m x 2 G Unspecified Theft

249

DPP v Armstrong 6m G Cannabis – unquantified Misconduct in public office

[2007] VSCA 34

DPP v Willis & 6m G Cannabis – 2.72kg Cultivating

Hossack [2009]
VSCA 14

Hourigan v The King 5m (aggregate) G Methamphetamine – 64.9g Breach of CCO

[2024] VSCA 30
Cocaine – 50.7g
MDMA – small quantity
Anabolic steroids – 96.3g

Mourkakos [2018] 4m NG Cannabis - 875.1g Traffick CQ

VSCA 26

DPP v Werry [2012] 4m G Cannabis – 17.9kg Rape

VSCA 208

Nunno & Lunt [2008] 3m G Cannabis – unquantified Handle stolen goods

VSCA 31

EDB [2008] VSCA 3m G Ecstasy – unquantified Theft

18

DPP (Vic) v Fatho 3y CCO G 1,4 Butanediol Traffick LCQ

[2019] VSCA 311
Offender 3

7.4.1.2 – Court of Appeal recent cases (2020-present)

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 Victorian Sentencing Manual.

Case Head Sentence / Individual Sentences Plea Offence & Offender Guidance
Orders

De Luca v 75 months (6 years Attempting to traffick G Offending – A police search Manifest excess rejected – sentencing
The King 3 months) a drug of dependence found a consignment of eight judge did not fail to consider totality
[2023] VSCA imprisonment (3 years 6 months) 25L plastic drums which principle – individual offences
44 contained 200.2 kg of 1,4- committed constitute serious
NPP – 51 months Prohibited person Butanediol. Substitution and offending.
(4 years 3 months) possession a firearm controlled delivery occurred.
(2 years 6 months) The delivery was received by a Relevant prior convictions and
18 months (1 year guarded prospects of rehabilitation –
6 months) licence Knowingly deal with CO, who called D. After the
delivery was unloaded, CO total effective sentence must deter D
disqualification proceeds of crime (18 from engaging in further offending -
months) delivered the consignment to
$750 fine D’s address. D used a stolen Appeal dismissed.
Theft (12 months) vehicle to move the boxes to
Driving in a another address. When police
dangerous manner (12 intercepted D’s stolen vehicle, D
months) collided with a stranger V’s
vehicle. V suffered fractured ribs
Trafficking in a drug and thumb, and his vehicle was
of dependence (9 written off. At the time of the
months) collision, D was unlicensed and
was under the influence of
Driving while
methylamphetamine.
unlicenced (6 months)
On arrest, D was found with a
Driving a motor
small bag of
vehicle while
methylamphetamine. His car
exceeding prescribed
contained a loaded semi-
drug concentration
automatic pistol, four mobile
($750 fine)
phones, $6,655 cash,
methylamphetamine, multiple
cloned number plates, a money
counter and a vacuum sealer and
a white box.
D’s house contained digital
scales, two bags of
methylamphetamine, and a
phone box. In total 26.1g of
methylamphetamine was seized.
Offender – prior convictions for
drug, property, similar, weapons
and violence offences, 34y male,
difficult childhood, mental
health issues, drug use, delay,
totality, remorse, impact of
Covid-19, guarded prospects of
rehabilitation.

Interlandi v 69 months (5 years Trafficking in a drug G Offending – Over approximately Parity – CO3 sentenced in
The Queen 9 months) of dependence (5 seven months, D co-ordinated a Magistrates’ Court to fine without
[2022] VSCA imprisonment years) drug trafficking operation by conviction for equivalent offences
55 supplying cocaine to runners after D’s sentencing – prosecution
NPP – 33 months Obtaining a financial CO1 and CO2 for further conceded presence of disparity which
(2 years 9 months) advantage by distribution to customers. D was was not justified by distinguishing
deception (2 years) on bail at the time of this features between CO3 and D –
$5000 fine
Knowingly dealing offending. A police search of a resentenced on second obtaining
with proceeds of premises where D was staying in financial advantage by deception and
crime (1 year) breach of his bail conditions using false document charges.
located 376.6g of mixed cocaine
Possession of a drug (0.75 x CQ, 0.38 x LCQ). Manifest excess – sentence imposed
on first obtaining financial advantage
13
 Victorian Sentencing Manual.

Case Head Sentence / Individual Sentences Plea Offence & Offender Guidance
Orders

of dependence (6 Separately, D started a vending by deception stern but not wholly

months) machine business with friends outside of available range.
F1 and F2, through which D
Committing an used a finance company V1 to
indictable offence lease multiple vending
while on bail x 2 (1 machines. When D’s vending
month x 2) machine business ran into
Contravention of a financial trouble D falsely
conduct condition of purported to sell a vending
bail (14 days) machine company V2 29 of his
vending machines. D did not
Obtaining a financial own the vending machines and
advantage by had no authority to sell them to
deception; and V2. V2 paid D $201,500 for the
Using a false purported purchase of the 29
document (aggregate vending machines. D’s deceit
sentence - $5,000 caused V1 a loss of $99,056.
fine) Separately while on bail, D over
two months knowingly allowed
his accountant CO3 to falsely
represent to the ATO that D
worked for CO3 and was paid an
income by CO3. In doing so
CO3 paid D $790.59 gross per
week and lodged false payslips
with the ATO. D would then pay
CO3 the $790.59 in cash each
week. Over the two months CO3
and D obtained $7,095.90 in this
manner.
Offender – no prior convictions,
male offender, good work
history, remorse, impact of
Covid-19, good prospects of
rehabilitation.

Gioffre v The 48 months (4 Trafficking in a drug G Offending – D was arrested by Sentencing principles – prior
Queen [2020] years) of dependence (4 (early) police who discovered 60g of convictions – similar prior offending
VSCA 177 imprisonment years) pure methylamphetamine as well is relevant to sentencing
as drug paraphernalia on him. considerations – reference to earlier
NPP – 30 months Possession of a drug Police also searched D’s house offending in context of basic
(2 years 6 months) of dependence (3 and discovered 84g of cannabis. similarities is not an indication that
months) present offending will be treated as
Offender – prior convictions for equally serious – prior offending may
drug and weapons offences, 31y be used where basic similarities such
male, disadvantaged childhood, as type of drug exist
victim of childhood family
violence, homeless, motivated
by financial need, drug use,
guarded prospects of
rehabilitation

Hawker v The 39 months (3 years Trafficking in a drug G (late) Offending – D’s car which was Delay – the avoidance of some of the
Queen [2022] 3 months) of dependence x 2 (3 registered to another suspended delay lay within D’s control – Judge
VSCA 127 imprisonment years, 1 year) driver was intercepted by police. made allowance for delay.
During the stop police
NPP – 15 months Deal with property discovered D’s licence was Manifest excess – whether a
(1 year 3 months) suspected of being cancelled. A search of D’s combination of a short custodial

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Case Head Sentence / Individual Sentences Plea Offence & Offender Guidance
Orders

$200 fine proceeds of crime (3 person located a container with sentence and CCO would better
months) clear liquid in D’s pocket. A reflect sentencing purposes - CCO
police search of the car also inappropriate – given serious nature
Possession of drug of found: of offending and D’s prospects of
dependence (1 month) rehabilitation, it was open to the
 $3780 cash; sentencing judge to regard
Unlicensed driving
($200 fine)  a bag containing a total punishment, deterrence and
of 5.7kg of heroin of denunciation as the primary
Possession of a which 207.4g was pure sentencing objectives and conclude
controlled weapon (1 (0.83 x CQ, 0.28 x that a CCO was not suitable.
month) LCQ);
Lower non-parole period – perfectly
 another bag with 15.8g proper for sentencing judge to give
of pure rehabilitative purpose to a custodial
methamphetamine (0.32 sentence by fixing a lower non-parole
x CQ, 0.03 x LCQ); period term - appeal dismissed.
 a container with 26.2g
of 1,4-butanediol (0.01 x
CQ); and
 a baseball bat.
Offender – prior convictions,
43y male, difficult childhood,
depression, anxiety, drug use,
homelessness, delay, first time
in adult custody, fair prospects
of rehabilitation.

Zarghami v 37 months (3 years Trafficking in a drug G Offending – Police searched D Sentencing principles – rejected offer
The Queen 1 month) of dependence (3 and D’s car and discovered: to plead – weight may vary greatly
[2020] VSCA imprisonment years) depending upon factors – no standard
74  a USB stick containing a weight attributable, but must be some
NPP – 18 months Possession of publication on the material weight in cases where a
(1 year 6 months) document containing manufacture of utilitarian benefit requires
information about methylamphetamine acknowledgement
trafficking a drug of  several zip lock bags
dependence (2 containing 261.3g mixed Sentencing principles – rejected offer
months) cocaine, with 189g pure. to plead – discount afforded where
ultimate outcome substantially
Commit indictable Offender – no prior convictions, reflected the offer, and demonstrated
offence while on bail 26y male, young offender, savings in court time and resources
(7 days) refugee, traumatic childhood,
drug use, gambling, family Double punishment – need to avoid
support, successful participation double punishment in sentencing for
in CISP, rehabilitation programs, separate criminality – options include
increased custodial burden, quite imposing no cumulation and low
good prospects of rehabilitation sentence on minor offence

Sengul v The 36 months (3 Trafficking in a drug G Offending – Police searched D’s Whether sentencing judge failed to
King [2023] years) of dependence (3 (early) house as part of an investigation consider D’s attendance in residential
VSCA 63 imprisonment years) and found three petrol containers rehabilitation as a moderating factor
and 13 bottles containing per Akoka – insufficient evidence to
NPP – 18 months Handling stolen 18.96kg of 1,4 butanediol (9.48 support Akoka argument.
(1 year 6 months) goods (3 months) x CQ). Police also found 0.3g of
methylamphetamine, 2.5g of Manifest excess rejected – D’s
Possession of a drug successful rehabilitation attempts did
of dependence x 2 (1 MDMA, and a Medicare card
not outweigh D’s prior criminal
and a credit card in a false name.
month x 2) history, gravity of the offending, need
Offender – prior convictions for for general deterrence, denunciation
dishonesty and drug offences, and community protection mean that
31y male, on CCO at time of there was no error in the sentence
15
 Victorian Sentencing Manual.

Case Head Sentence / Individual Sentences Plea Offence & Offender Guidance
Orders

offending, anxiety, alcohol and imposed.

drug use, family support,
character references, good work Leave to appeal refused.
history, delay, totality, remorse,
rehabilitation programs, clean
drug screens, impact of Covid-
19, reasonably good prospects of
rehabilitation.

Ross v The 33 months (2 years Trafficking in a drug G Offending – Police observed D Bugmy application – open to
Queen [2022] 9 months) of dependence x 2 (20 (early) walking towards a parked car sentencing judge to find that
VSCA 149 imprisonment months, 18 months) and observed a large amount of “profound social deprivation” was not
cash in D’s wallet. They established due to limited
NPP – 22 months Reckless conduct informed him that he would be information.
(1 year 10 months) endangering serious subject to a drug search. D
injury (18 months) became aggressive, threw his Childhood deprivation does not
12 months (1 year) explain present offending – D’s
licence Theft (8 months) bag onto the ground and while
police were searching the bag, D background does not lead to any
disqualification meaningful reduction in moral
Possession of a drug got into the parked car and drove
of dependence (1 off. culpability.
month) No reasonable prospect for a lesser
Another police officer saw D
Failing to stop vehicle driving on the wrong side of the sentence to be imposed – sentence
on police request; road and had to swerve to avoid remarkably lenient - Leave to appeal
a head-on collision. D drove off refused.
Failing to stop after
an accident; the road then swerved to go back
onto the road, in doing so D
Unlicensed driving; collided with the rear of the
and police vehicle, causing damage.
Dangerous driving Another police vehicle followed
(aggregate sentence - D to intercept him and observed
6 months) him overtaking another vehicle
on the wrong side of the road.
Possession of a
Police tried to intercept D, who
prohibited weapon (3
failed to stop.
months)
A search of D’s abandoned bag
Breach of a
revealed 56.4g of
community
methamphetamine and
corrections order (1
$2,214.55 cash. D did not have a
month)
driver’s licence.
Committing an
Police later found D in a hotel
indictable offence
room and arrested him. A police
while on bail x 2 (14
search of the room found 30.5g
days x 2)
of methamphetamine and 35.1g
Contravention of a of 1,4 Butanediol. A check of
conduct condition of D’s vehicle revealed it was
bail (14 days) stolen and the vehicle contained
a taser.
D was on bail at the time of
offending. A condition of the
bail was that he not drive a
motor vehicle. He was also on a
Community Corrections Order.
Offender – prior convictions for
breach, driving, drug, property,
street, weapons and violence

16
 Victorian Sentencing Manual.

Case Head Sentence / Individual Sentences Plea Offence & Offender Guidance
Orders

offences, Indigenous male,

difficult childhood, victim of
childhood family violence,
mental health issues, suicide
attempt, alcohol and drug use,
acquired brain injury, limited
literacy, impact of Covid-19.

Johnson v The 30 months (2 years Trafficking in a drug G Offending – During a police Scale of offending – the greater the
King [2022] 6 months) of dependence (2 (early) patrol, a police officer noticed quantity trafficked the more serious
VSCA 228 imprisonment years 6 months) two motorbikes which appeared the offence.
to have fraudulent registration
NPP – 16 months Dealing with property plates affixed. The officer saw D Manifest excess rejected – sentence
(1 year 4 months) suspected of being and another man approach the imposed was stern but not outside
proceeds of crime (2 motorbikes and searched him. D range.
$1800 fine months) was found in possession of General deterrence in drug trafficking
Fraudulently using 114.6 grams of offences – a sentencing court must
registration plates; methylamphetamine (0.46 x CQ, take into account the prevalence of
0.15 x LCQ), a small quantity of methylamphetamine trafficking when
Using an unregistered ecstasy and $690 cash. assessing the weight to be given to
vehicle;
Offender – prior convictions for general deterrence - Leave to appeal
Driving without P dishonesty, driving, drug, dismissed.
plates; similar, street, weapons and
Using a vehicle violence offences, 31y male,
displaying a difficult childhood, drug use,
representation of a physical health condition,
registration plate character references, remorse,
(aggregate sentence - rehabilitation programs, impact
$1500 fine) of Covid-19, guarded prospects
of rehabilitation.
Possession of a drug
of dependence ($300
fine)

Nov v The 18.64 months (567 Attempted trafficking G Offending – Over 16 months D Appeal process – PSD – error in
Queen [2020] days) of a drug of (early) and CO were attempting to calculation generally not be
VSCA 11 imprisonment dependence arrange a drug transaction, considered sentencing error unless
(time served); & (aggregate sentence - where D would obtain cannabis sentencing court is considering
567 days from a supplier and CO would imposing a combination sentence –
36 months (3 imprisonment and 3 sell it on for a profit. The will directly impact power under
years) CCO: year CCO) quantities discussed varied Sentencing Act s 44(1)
 600 hours between 5-10 pounds and the
Possession of a drug prices discussed were between PSD – calculation – character of the
community of dependence (14 detention is significant to determining
$2,200 and $2,300 per pound for
work days) PSD – where offender is in custody
the supply and $2,400 and
$2,800 per pound for the on sale.serving two sentences ordered to be
Use of a drug of served concurrently on unrelated
dependence (1 day) Police searched D’s residence matters, PSD under Sentencing Act s
and discovered objects which 18(1) on a resentence for one of them
contained traces of will include the entire period – where
methylamphetamine. D also offender had been on remand and was
admitted using sentenced to imprisonment on an
methylamphetamine. unrelated matter, will not constitute
PSD – Broad [1999] 3 VR 31
Offender – prior convictions for followed.
drug, dishonesty, and weapons
offences, 45y male, high risk of
re-offending, motivated by
financial gain, high moral

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 Victorian Sentencing Manual.

Case Head Sentence / Individual Sentences Plea Offence & Offender Guidance
Orders

culpability, admissions to
authorities, Renzella time,
rehabilitation programs,
compliance with CCO, drug-free
in custody, very cautious
prospects of rehabilitation

Nguyen v The 6 months Trafficking in a drug G Offending – D was offered Sentence not manifestly excessive
King [2023] imprisonment of dependence $2,000 to drive a car from despite D’s age (73y) and PTSD
VSCA 310 Queensland to Victoria and symptoms. Leave to appeal refused.
back. D was not told the
purpose. D drove to an address
in Melbourne and was met there
by a person. D then ate, slept for
a few hours, and drove the car
back to Queensland. D was then
intercepted by police, who found
2.1 kg of heroin hidden inside
the centre console which had
been dismantled to conceal the
drugs, and $2,000 cash. D was
sentenced on the basis that he
was not involved in the
concealment of the drugs and
did not have actual knowledge
of the drugs on board, but was
aware of the likelihood that the
car carried a drug that was being
trafficked.
Offender – no prior convictions,
imprisonment Verdins, 73y
male, difficult childhood,
refugee, time spent in refugee
camp, adherence to bail
conditions, PTSD, physical
health condition, age of
offender, previous good
character, delay, remorse,
isolation in custody, impact of
Covid-19, very good prospects
of rehabilitation.

Stevens v The 4.21 months (128 Trafficking in a drug G Offending – D was in a Sentencing practices – aggregate
Queen [2020] days) of dependence (128 (early) relationship with CO, who was sentence – inappropriate to impose
VSCA 170 imprisonment days imprisonment involved in a hydroponic set-up aggregate sentence involving a
(time served) and 2 year CCO) in a factory and trafficked the summary offence where the offending
cannabis with D on the dark was minor and with strong mitigating
24 months (2 Dealing with property web. factors – ‘squeezing’ a summary
years) CCO: suspected of being charge into a sentence that had been
proceeds of crime D had sold 1.81kg of cannabis arrived at by reference to another
 100 hours ($500 fine) over 4 months (0.07 x CQ), and
community more serious offence will offend the
played a limited role, joining the principles of proportionality and
work enterprise that was already in
 Supervision parsimony - aggregate sentence will
operation. She was not involved rarely, if ever, be appropriate where
 Drug treatment in sourcing cannabis.
and there are only two charges with
rehabilitation Police also discovered $2000 in marked disparity in the seriousness of
 Mental health cash suspected of being the the charges
assessment and proceeds of crime.

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 Victorian Sentencing Manual.

Case Head Sentence / Individual Sentences Plea Offence & Offender Guidance
Orders

treatment Offender – no prior convictions,

 Non- 26y female, chaotic and abusive
association upbringing, drug use,
condition depression, ADHD, community
involvement, delay, increased
$500 fine custodial burden, adherence to
bail conditions, rehabilitation
programs, character references,
isolation in custody, guarded
prospects of rehabilitation

7.4.1.3 – Court of Appeal recent cases (pre-2020)

Note: d.o.d. = drug of dependence

Please note that different threshold quantities apply for trafficking methylamphetamine in a commercial and large commercial
quantity committed on or after 1 November 2017. Despite the changes in the applicable threshold quantities, meaningful
comparisons may still be made between cases to which different threshold quantities applied if attention is focused on the
threshold multiplier (expressed as a multiplier/percentage of the commercial quantity for the drug). This multiplier
information is indicated in the summary.

Topal v The Queen

Medium neutral [2019] VSCA 289
citation:
Date: 6 December 2019
Offences & sentences: Trafficking in a drug of dependence – 3y, NPP – 1y
Offending: D was part of a well-organised, high turnover retail cocaine trafficking syndicate with three co-
offenders and a fourth as a wholesaler.
D’s role was to collect the drugs and deliver them to the customers, receiving payment. The
business was highly organised, with D working shifts and a manager taking orders and giving
instructions.
D made 1,061 deliveries over 4 months with a total quantity delivered of 795.75g. D also had 31
deal bags with a total weight of 23.8g in his possession for sale. In total, D trafficked 819.5g of
mixed quality cocaine (1.64 x CQ, 0.82 x LCQ).
Offender: Male offender, 36y at time of offending, 39y at time of sentence; drug use, motivated by drug use
and financial motives; no prior convictions
Plea: G
Guidance: Parity - where first sentence is very lenient or manifestly inadequate, cannot reduce sentence to
wholly inappropriate level outside range – refraining from reducing sentence beyond manifest
inadequacy avoids perception of perpetuating error – Taleb v The Queen (2014) 42 VR 666
followed
Offence gravity - trafficking offences – sophisticated offending involving large quantities of drugs
and substantial commercial undertaking, important role of offender and significant offending
considered serious example of offence and demanded an immediate term of imprisonment
19
 Victorian Sentencing Manual.

Sentencing practices – trafficking offences – 3y TES for trafficking is considered extremely lenient
on its own – only justifiable due to parity reasons – impossible to extend any greater leniency than
sentence imposed
Court: Maxwell P and Niall JA
Appeal result: Application for leave to appeal sentence refused

Volkan v R

Medium [2019] VSCA 33

neutral
citation:

Date: 28 February 2019

Offences &  Trafficking in a drug of dependence;*

sentences:  13 x Possessing a drug of dependence – 1y imprisonment and 2y CCO*
 Resisting an emergency worker – 3m
 4 x committing an indictable offence while on bail – 1m x 4
 2 x Contravention of a bail condition – 1m x 2
 2 x possessing a prohibited weapon - 1m x 2
 Possessing a controlled weapon – 1m
*aggregate sentence
TES – 1y imprisonment and 2y CCO with conditions

Offending: Police executed a search warrant at D’s house. D ignored police requests for him to get on the ground and
began to walk towards the police, and the police took him to the ground and restrained him using OC
spray.
Police searched the house and discovered a large amount of drugs of dependence, as well as a set of
knuckle dusters, a hunting knife and a machete.
The drugs involved were:
 Mixtures of N-ethylhexedrone, methylamphetamine, fluorodeschloroketamine and cocaine,
weighing 2890.7g
 1,637g of 1,4-Butanediol (0.82 x CQ)
 265mg of mixed LSD
 43.5g of a mixture of drostanolone, tremolone and testosterone
 24.4g of stanozolol
 3.5g of methoxy-N-methyl-N-isopropyltryptamine
 2.5g of MDMA
 2.4g of tetrahydrocannabinol
 1.8g of N,N-dimethyltryptamine
 1g of Bromo-2,5-dimethoxyphenethylamine
 0.6g of quinalbarbitone
 Less than 0.5g of alprazolam
 0.9g of mixed MDA
 0.2g of diazepam
Unsophisticated and amateurish offending. D was also on bail at time of offending.

20
 Victorian Sentencing Manual.

Offender: Male offender, 25y at time of offending, 27y at time of sentence; on bail at time of offending; family
support; drug use; completion of courses; lost opportunity for concurrency, totality; prior convictions for
drug, dishonesty and breach offences

Plea: G (late)

Guidance: Aggregate sentence – error to impose aggregate sentence on offences where some were significantly more
serious than others
Offence gravity – drug offences – trafficking offences still serious despite no actual distribution of drugs –
possession offences considered serious where large quantity of drugs possessed

Court: Priest and Beach JJA

Appeal result: Application for leave to appeal sentence refused. Court found that sentencing judge erred in imposing
aggregate sentence, but there was no prospect the court would impose a less severe sentence.

Tran v R

Medium [2018] VSCA 107

neutral
citation:

Date: 1 May 2018

Offences & 3 x Traffick d.o.d. (methylamphetamine, MDMA, heroin) – 2½y, 12m, 10m; Unlicensed driving – $500
sentences: fine
TES – 2y10m; NPP – 1y10m

Offending: Over six months D supplied drugs to about 55 low-level traffickers and users. He typically trafficked 3.5g
or less in a single transaction, and collected money himself. D also acted as a contact point for his mother’s
(M) similar trafficking business, acting under her instructions.
Telephone intercepts revealed that D trafficked:
 19.6g methylamphetamine in 11 transactions for $450 per 1.7g (2½y)
 3.5g plus $250 worth of heroin in three transactions, for various prices per gram up to $1400 for
3.5g (10m)
 40 ecstasy tablets in four transactions (12m).
Intercepts also indicated that D and M discussed a proposed transaction of $14,000 worth of
methylamphetamine; collected 28g methylamphetamine from a supplier on M’s behalf for $7200; and
trafficked 7.9g plus $150 worth of either methylamphetamine or heroin in five transactions.

Offender: Male, aged 28 at date of offending; migrated from Vietnam at age 18, visa cancelled due to offending;
depression due to failed relationship and loss of relationship with son, leading to offending; history of drug
abuse; completed rehabilitation programs in prison; drug free; prior convictions including for weapons and
driving offences

Plea: Guilty (early)

21
 Victorian Sentencing Manual.

Guidance: Fresh evidence – fresh evidence must “[throw] significant new light on any pre-existing fact” – fact that
visa cancelled after sentence not ‘fresh evidence’ as mandatory cancellation power known at time of
sentencing

Court: Beach and Tate JJA

Appeal result: Application for leave to appeal refused.

Luu v R

Medium [2018] VSCA 92

neutral
citation:

Date: 16 April 2018

Offences & 4 x Traffick d.o.d. (2 x methylamphetamine, 1 x heroin, 1 x amphetamine); 10 x Possess d.o.d. (1 x

sentences: methylamphetamine, 3 x heroin, 2 x GBH, 2 x amphetamine, 2 x unspecified); 4 x Deal with property
suspected of being proceeds of crime; 2 x Unlicensed driving; Commit indictable offence while on bail –
2½y*; Contravene CCO – 2m
* Aggregate
TES – 2y7m; NPP – 2y

Offending: D trafficked less than five grams of methylamphetamine, heroin and amphetamines. He also trafficking
142.69g of methylamphetamine. He obtained $1315, $4271, $7437 and $3515 as proceeds of crime
(2½y*).
D was originally sentenced to 12 months’ imprisonment and an 18 month CCO. He breached his CCO
within three weeks of it beginning by committing further offences and failing to comply with supervision,
treatment, rehabilitation and work requirements (2m).

Offender: Male, age not stated; subsequent offending; low rehabilitation prospects

Plea: Guilty

Guidance: Community correction orders – when re-sentencing after a CCO breach, set aside the whole sentence
originally imposed and impose a fresh sentence – for combined sentences of imprisonment followed by a
CCO, imprisonment originally served before the CCO began should be declared as pre-sentence detention
on fresh sentence
Community correction orders – when re-sentencing after a CCO breach, it would be very unusual for a
court to impose a term of imprisonment that was longer than the period of the original combination
sentence

Court: Ferguson CJ, Osborn and Beach JJA

22
 Victorian Sentencing Manual.

Appeal result: Appeal allowed. Re-sentenced as above.

Reason for The original sentence imposed for breaching a CCO was 6m, which is double the allowable maximum
decision: penalty. Additionally, the original 3y TES imposed after the CCO breach was manifestly excessive as it did
not take into account the 12 month term of imprisonment that the offender had served before beginning his
CCO.

Hadil Kada v R

Medium [2017] VSCA 339

neutral
citation:

Date: 22 / 11 /2017

Offences & Traffick d.o.d. – 3½y (methylamphetamine); 3 x Possess d.o.d. – 6m (cocaine), 3m (methylamphetamine),
sentences: $200 fine (ecstasy); Drive while suspended – $1000 fine; Possess poison - $200 fine
TES – 3y9m; NPP 2y; $1400 fine

Offending: Over about two months, D was the ‘organiser’ in a joint criminal enterprise with his brother to sell ice to a
dealer, who then sold the drugs to a covert police operative. D worked alone for the first of four separate
transactions, and with his brother for the other three. The total amount trafficked was 400.1g (0.80 x CQ)
with purity ranging from 62.5%-79%. D organised all transactions, delivered the drugs on three occasions
and collected the money once. The sales totalled $91,700 (3½y).
When he was arrested, D was driving with a suspended license ($1000 fine) and had $9,550 in cash. At his
house, police located digital scales and weights. At his brother’s house, police located 34g of cocaine (not
for personal use) (6m). D also took responsibility for other drugs found at either his or his brother’s house.
This comprised five ecstasy tablets ($200 fine), 7.1g of ice (3m), and a Viagra tablet ($200 fine).

Offender: Male, aged 27 at date of offending and 28 at sentence; refugee from Iraq – arrived in Melbourne aged 9;
close family relationships; church involvement; family and community support; left school in Year 11;
established own business, which later failed; drug and alcohol abuse; drug and alcohol counselling while
on bail – now drug and alcohol free; limited prior history of driving offences; remorse; good rehabilitation
prospects

Plea: Guilty (early)

Guidance: Circumstances of offence – entrapment – weight given to police involvement in offending depends on
circumstances of case – when there is a real possibility that offending would not have occurred without
police involvement, that fact may carry some weight in sentencing, but will not necessarily be important –
case where police involvement of little relevance to appropriate sentence
Circumstances of offence – entrapment – police involvement in offending primarily relevant to offender
culpability – factors affecting impact of police involvement on sentence include:
 how police contribute to offending (including nature and degree of any pressure, coercion,
encouragement or inducement)
 extent to which police contribute to offending
 whether police deal directly with offender or through intermediary (ordinarily, more remote police
involvement is, less weight it has in sentencing)
 how readily offender responds to police requests for drugs (police involvement of more weight if
23
 Victorian Sentencing Manual.

offender is ‘overborne’ by police requests, compared to when police request merely means
expanding existing operation)
 who instigated relevant transaction (police involvement of less weight if offender was instigator)
 whether offender was already trafficking when police involvement began and, if so, scale of
offender’s operation at that time versus scale following police involvement (police involvement of
less weight if it does not require offender to materially increase operation)
Offence gravity for trafficking d.o.d. – fact drugs are not distributed, thereby avoiding harm to community,
is relevant to sentence, but will usually be of little weight
Offence gravity for trafficking d.o.d. – factors increasing gravity include amount of drugs and money
involved; how easily offenders can source drugs; and degree of planning involved
Offence gravity for trafficking d.o.d. – example of case falling in mid to upper range of seriousness given
quantity of drugs trafficked; amount of money involved; ease with which offenders obtained drugs; and
level of planning involved

Court: Tate, Kyrou JJA and Beale AJA

Appeal result: Appeal dismissed.

Haval Kada v R

Medium [2017] VSCA 339

neutral
citation:

Date: 22 / 11 / 2017

Offences & Traffick d.o.d. – 3y (methylamphetamine); Possess d.o.d. (cocaine) – 6m

sentences:
TES – 3y3m; NPP – 1y9m

Offending: Over about two months, D and his brother were involved in a joint criminal enterprise to sell ‘ice’ to a drug
dealer who sold the drugs to a covert police operative. D was involved in three of four separate transactions
that his brother organised. These involved trafficking 333.4g (0.67 x CQ) of ice, with purity ranging from
62.5%-79%. D delivered the drugs to the dealer on one occasion and collected money on three occasions.
D was involved in sales totalling $73,000 (3y).
At the time he was arrested, D had 55.7g of ice on him (included in the 333.4g total), and $371.75 cash. In
his house police located 34g cocaine (not for personal use) (6m). They also located a notebook containing
drug transaction records. These findings suggested D’s role in the enterprise was more than a mere courier,
though his brother was the main organiser.

Offender: Male, aged 29 at date of offending and 30 at sentence; refugee from Iraq; arrived in Melbourne age 11;
close family relationships; volunteer work; worked in family businesses; some cocaine use before arrest –
completed drug rehabilitation program on bail and now drug free; remorse; good rehabilitation prospects;
some prior offending including one trafficking charge in 2007 – no conviction recorded

Plea: Guilty (early)

24
 Victorian Sentencing Manual.

Guidance: See Hadil Kada v R above for guidance in relation to entrapment.

Offence gravity for trafficking d.o.d. – example of offence falling in mid to upper range of seriousness
given quantity of drugs trafficked involved; amount of money involved; ease with which drugs were
obtained; and extent of planning involved
Parity – when one offender has lesser role in offending, or is involved on fewer occasions then, absent
other differences, parity requires offender to receive lesser sentence

Court: Tate, Kyrou JJA and Beale AJA

Appeal result: Appeal allowed. Resentenced as above.

Reasons for Specific error was established. D’s prior offending was not sufficient to displace the differences between
decision: his and his brother’s role in the offending. Parity required that he receive a lower sentence than his brother.
D’s sentence for trafficking d.o.d, and the total effective sentence, were reduced by six months each. His
non-parole period was reduced by three months.

Tran v R

Medium [2017] VSCA 314

neutral
citation:

Date: 1 / 11 / 2017

Offences & Traffick d.o.d. (heroin) - 2y; Deal with property reasonably suspected of being proceeds of crime – 6m;
sentences: Possess prohibited weapon - $2500 fine; Possess explosive substance - $1500 fine; Possess d.o.d.
(cannabis) - $100 fine
TES – 2y3m; NPP – 1y; $4100 fine

Offending: Police executed a search warrant at D’s premises, locating over 90 plastic bags containing various amounts
of white powder, which was later analysed to contain heroin weighing 354.6g in total (0.71 x CQ). The
weight and purity of the heroin mixture in the bags varied: quantities ranged from 0.1g to 28g and purities
varied from 14 percent to 86 percent. Police also located bags of dimethyl sulfone, which can be used as a
cutting agent, and 3.1g of cannabis L (0.06 x SQ). D stated that both the heroin and cannabis were for his
personal use (2y, $100 fine).
Police also found $3,650 in a pouch and $99,950 in a plastic box. D said that this money consisted of his
life savings and a loan from his sister. Ultimately, $56,000 of this money constituted the charge of dealing
property reasonably suspected of being the proceeds of crime (6m). Police also located various swords, a
dagger, a set of ninja claws, two overpowered laser devices, a taser and some fireworks ($2500 fine, $1500
fine).

Offender: Male, age not stated; remorse; heroin addiction; prior convictions for dishonesty and drug offences;
overcame heroin addiction for long period – offending occurred in context of relapse; taken positive and
constructive steps towards rehabilitation; good rehabilitation prospects; remorse; strong work history –
business dependent on offender’s involvement; imprisonment involves additional hardship because
offender aware of difficulties he has caused to his wife and children

Plea: G (relatively early)

25
 Victorian Sentencing Manual.

Guidance: Offence gravity for trafficking – serious example of offence, despite limited duration of offending, given
quantity (0.71 x CQ) and offender’s prior trafficking conviction
Offence gravity for proceeds of crime offending - serious example of offence given considerable amount of
money involved

Court: Kaye JA and Beale AJA

Appeal result: Appeal allowed. Resentenced as above.

Reasons for The sentencing judge erred in sentencing the offender on the basis of actual sales of heroin and in finding
decision: that the $56,000 was actually the proceeds of crime. The offender therefore fell to be resentenced on both
charges. On resentence, the fine for possessing a small quantity of cannabis was also reduced as the
original fine imposed was greater than the permissible maximum.

Redenbach v R

Medium neutral [2017] VSCA 2

citation:

Date: 19 / 1 / 2017

Offences & Traffick d.o.d – 23m; Possess d.o.d - $100 fine ; 2 x Possess thing to falsify documents – 12m, 8m; 2 x
sentences: Handle stolen goods – 12m x 2
Summary offences – 3 x Forging a licence; Fraudulently alter a licence – 1m*
*aggregate sentence
TES – 23m (time served)

Offending: A search of D’s premises revealed the following:

 4.6L of GHB for sale (23m)
 11.2 grams of cannabis ($100)
 Two card printing machines - one with an incomplete false driver’s licence and the other with
numerous fraudulent licences (12m, 8m)
 Four false driver’s licences in the name of one individual whose actual licence had been stolen
(12m)
 A stolen passport and birth certificate (12m)
 Multiple other forged licences (1m)

Offender: Male; prior convictions including for murder, drug and dishonesty offences

Plea: G

Guidance: Fresh evidence – case where court, defendant and prosecution not aware that parole for previous
offending had been cancelled – resulting in sentencing discretion been vitiated

Court: Weinberg and Kyrou JJA

26
 Victorian Sentencing Manual.

Appeal result: Appeal allowed (resentenced as above)

Reasons for Had original sentencing judge been aware of parole cancelation and fact that 249 days were still owing
decision: she would not have imposed an original total effective sentence of 2y 9m and non-parole period of 18m.

Dislakis v R

Medium [2016] VSCA 297

neutral
citation:

Date: 25 / 11 /16

Offences & Traffick d.o.d. (methylamphetamine) – 3y 6m

sentences:
NPP – 2y 3m

Offending: D was part of a drug trafficking enterprise with C and others, manufacturing and distributing
methylamphetamine. D was actively and regularly involved in the sale of the methylamphetamine, the
collection and deposit of proceeds of sale, and brokering arrangements for the purchase of pseudoephedrine
used in the manufacture.
C, the ‘cook’, was involved in manufacture of methylamphetamine at a clandestine laboratory and received
TES 4y, NPP 2y 9m for the same and a related offence.

Offender: 26yo at time of offending; relevant prior convictions; drug addiction a significant motivating factor;
offending breached a suspended sentence; on bail at time of offending; prior breaches of CCO and
suspended sentence; positive rehabilitation assessment

Plea: Guilty

Guidance: Parity – case where differentiation in sentence justified by how D’s offending took place during period of a
suspended sentence and whilst on bail

Court: Whelan JA

Appeal result: Leave to appeal refused.

Tiong v R

Medium [2016] VSCA 257

neutral
citation:

27
 Victorian Sentencing Manual.

Date: 25 / 10 /16

Offences & 2 x Traffick d.o.d (methylamphetamine, cocaine) – 30m, 18m; Deal with property suspected being
sentences: proceeds of crime – 4m
TES – 3y; NPP – 2y

Offending: D and a friend, T, checked into an apartment, although only D stayed overnight. After they checked out,
the apartment manager called police because he believed the apartment may have been used to manufacture
amphetamines. T’s car was searched and a lock box was found. Inside the lock box were several zip lock
bags containing white crystals or powder. Five of the bags contained a total of 386.6g of 90% pure
methylamphetamine (347g pure) (30m). Smaller bags contained a total of 10.1g of 20% pure cocaine
(18m).
Also in the lockbox was $6,285 cash, and the following day police found $8000 cash on D during a search
(4m).

Offender: Malaysian; limited English; came to Australia to study but dropped out; will be deported; failed marriage;
young child; ice and gambling addict during offending; drug and gambling debts; no longer using drugs;
isolated from family; some remorse and insight; no prior convictions; good rehabilitation prospects

Plea: Guilty

Guidance: Sentencing statistics – median sentence does not measure offence seriousness and will not assist a
sentencing judge

Court: Maxwell P and Cavanough AJA

Appeal result: Application for leave allowed but appeal dismissed.

Robinson v R

Medium neutral [2016] VSCA 225

citation:

Date: 19 / 9 /16

Offences & Traffick d.o.d (methylamphetamine) – 12m plus 12m CCO

sentences:

Offending: For approximately eight months D was involved in a drug syndicate dealing methylamphetamine. The
quantity trafficked could not be determined. Offending fell within mid-range and D was held to have
been involved in sale, sharing and use of the drug.

Offender: 33yo at sentence; 30yo at offending; prior convictions (limited relevance)

28
 Victorian Sentencing Manual.

Plea: Guilty

Guidance: Pre-sentence detention – Renzella discretion – case where sentencing judge properly credited 130 days
Renzella time
Parity – case where D had no legitimate sense of grievance
Sentencing standards for traffick d.o.d. – case where sentence for mid-range offending was considered
lenient and merciful

Court: Weinberg and Hansen JJA

Appeal result: Application for leave to appeal refused.

Vincent v R

Medium [2016] VSCA 211

neutral
citation:

Date: 7 / 9 / 2016

Offences & Traffick d.o.d (methylamphetamine), Possess d.o.d (methylamphetamine), Handle stolen goods, Prohibited
sentences: person possess firearm, Possess prohibited weapon without exemption/approval – 2y*; Possess cartridge
ammunition without licence – fine of 5 penalty units
* Aggregate sentence
TES – 2y plus 5 penalty unit fine; NPP – 18m

Offending: Over the course of approximately two months D was involved in the sale of relatively small quantities of
methylamphetamine. D received illicit drugs from two women (JF and JS – major players in a significant
drug enterprise). D communicated with JF on a regular basis and sold drugs on her behalf. D’s premises
were used as a safe house, and D assisted to prepare the drugs being sold.

Offender: 35yo time of appeal; significant prior criminal history including convictions involving drugs; prior
contravention of CCO

Plea: G

Guidance:
Cooperation with authorities – identifying sentencing discount (Victoria) – irregular to state what sentence
would have been imposed but for D offering to assist police and undertaking to give evidence regarding co-
offenders

Court: Weinberg and Hansen JJA

29
 Victorian Sentencing Manual.

Appeal result: Appeal allowed (resentenced as above)

Reasons for Crown conceded that the 1m imposed on summary charge of possessing ammunition without a license was
decision: invalid, and a combination of errors made by the sentencing judge made resentencing on all charges
necessary.

Short v R

Medium [2016] VSCA 210

neutral
citation:

Date: 7 / 9 / 2016

Offences & Traffick d.o.d (methylamphetamine) – 6y 6m; Possess prohibited weapon (Taser) – 3m; 2 x Deal with
sentences: property suspected of being proceeds of crime – 9m x 2
TES – 6y 10m; NPP 4y 3m

Offending: The offending occurred over the course of approximately 19m during which D was involved at a high level
in a large, sophisticated and professional drug syndicate and was the main distributor of
methylamphetamine for a region.
Searches of D’s premises revealed:
 Multiple drug ledgers, one recording $160,000 in drug transactions and another recording $9,970
in drug credit
 Digital scales and plastic bags commonly used for packaging drugs
 Taser (3m)
 $3725 cash (total across searches)
 2 x 3.5g methylamphetamine
 CCTV camera packs, chainsaw, motor vehicle, and computer equipment suspected of being
proceeds of a crime (9m)
 Evidence of $63,125 been laundered through TAB accounts owned by D (9m)
 Police radio scanner
On two occasions D sold 1g of methlyamphetamine to a covert operative. On the first occasion it was
100% pure and on the second it was 73% pure.
During the period of offending, D was on remand for 4m and then continued to offend when released on
bail for a further 6 and a half months.

Offender: Female; 26yo at appeal; 23-25yo during offending; bullied at school; history of self-harm, drug and alcohol
abuse; sexually assaulted at 16; past relationship involved domestic violence against her; major depression
and some symptoms of PTSD; family support; reasonable rehabilitative prospects; prior criminal history
relating to possession and use of methylamphetamine

Plea: G

Guidance: Sentencing purposes for drug trafficking – case emphasising specific and general deterrence

30
 Victorian Sentencing Manual.

Court: Weinberg and Hansen JJA

Appeal result: Appeal allowed (resentenced as above)

Reasons for Conviction for two summary charges set aside and remitted to Magistrates’ Court for rehearing and
decision: determination.
Original sentence of 8y for traffick d.o.d manifestly excessive having regard to all competing
considerations.

El Achkar v R

Medium [2016] VSCA 209

neutral
citation:

Date: 2 / 9 / 2016

Offences & 2 x Traffick d.o.d (Methylamphetamine) – 8m plus 2y CCO

sentences:

Offending: D trafficked 56g (0.11 x CQ) of impure methylamphetamine to a co-offender on a single occasion. On a
separate occasion, D and a second co-offender sold 27.8g of methylamphetamine to undercover operatives
(0.06 x CQ).

Offender: Ice addiction; completed 5m drug residential treatment program; commenced and continuing drug
counselling course at time of sentence

Plea: G (traffick d.o.d – 56g methylamphetamine)

NG (traffick d.o.d - 27.8g methylamphetamine)

Guidance: Gravity of drug offences – relative harmfulness of drugs – quantity-based sentencing regime does not
permit judicial views about relative harm caused by drug to influence sentence imposed – case in which
key issues were quantity trafficked and offender’s role
Parity – not reasonably open to sentencing judge to impose sentence that amounted to substantially heavier
sentence than that imposed on co-offenders whose roles and offending were significantly greater – Co-
offenders engaged in 9 month business of trafficking a drug of dependence and received 12m-18m
imprisonment and 3 year CCO sentences – Sentences lenient, but judge obliged to give effect to parity as
DPP did not appeal those sentences

Court: Maxwell ACJ and Weinberg JA

Appeal result: Appeal allowed (resentenced as above)

Reasons for Crown conceded original sentence (TES – 2y 8m; NPP – 16m) was manifestly excessive, having regard to
decision: limited nature of trafficking (small quantities; low level role) and unusually strong evidence of

31
 Victorian Sentencing Manual.

rehabilitation.

DPP v Apostolopoulos

Medium [2016] VSCA 201

neutral
citation:

Date: 17/8/16

Offences & Traffick d.o.d (cocaine) – 3y CCO; 4 x Possess d.o.d (MDMA; Cannabis L’ Diazepam; testosterone,
sentences: nandrolone, trenbolone, oxandrolone) - $2000 fine*; 2 x Deal with property suspected of being proceeds of
crime, Possess prohibited weapon - $500 fine*
*Aggregate fine
TES – 3y CCO, $2500 aggregate fines

Offending: Over approximately six months D trafficked a total of 204.7g (0.41 x CQ ) of cocaine which consisted of:
 69.6 grams trafficked to a covert operative;
 23.4 grams trafficked to a number of other customers;
 28 grams in D’s possession upon his arrest; and
 83.7 grams located at D’s home following the execution of a search warrant
D’s car contained $5,625 in cash ($500 fine) and his home contained Cannabis L, Diazepam, testosterone,
nandrolone, trenbolone, oxandrolone ($2000 fine); $7500 in cash and a taser ($500 fine).

Offender: 33yo time of plea; 14yo diagnosed with androgen deficiency, steroid treatment until 21yo; suffered
insecurity, anxiety and low self-esteem as a child; PTSD resulting from incident where D was nearly shot;
one instance of previous offending (hindering police – fined $250 without conviction); no other offending;
good rehabilitative prospects

Plea: Guilty

Guidance: Trafficking – sentencing standards – whether CCO manifestly inadequate – trafficking cocaine will
normally attract immediate imprisonment - whilst offending very serious and imprisonment open, it was
not necessary in this case to impose a term of imprisonment given significant rehabilitation and mitigating
factors
CCOs – sentence lenient or merciful, but the sort of case the observations in Boulton regarding multi-
purpose nature of the CCO were directed - CCO with stringent conditions was within range - case where
CCO included 150 hours unpaid community work, supervision, drug and mental health assessment and
treatment, and residential drug rehabilitation

Court: Weinberg, Beach and McLeish JJA

Appeal result: Appeal dismissed.

32
 Victorian Sentencing Manual.

Haddara v R

Medium [2016] VSCA 168

neutral
citation:

Date: 18/7/16

Offences & 2 x Traffick d.o.d (methylamphetamine and cannabis) – 2y, 1m; Obtaining property by
sentences: deception – 2m
Deal with property suspected of being proceeds of crime; Possess prohibited weapon - $300
fine*
*aggregate sentence
TES – 2y; NPP – 14m

Offending: D was involved in an organised crime syndicate using menials, intermediaries and associates
to conduct drug trafficking and other criminal activities.
D sold at least 105.1g of methylamphetamine (1.05 x CQ) to a covert operative in nine
discrete sales. The first seven sales involved the purchase of 7g of methylamphetamine
ranging in purity from 60-70%. The eighth and ninth sales involved 28.1g (50% purity) and
27.7g (80 % purity) (2y). During the eighth sale D also sold 4.6g of cannabis to a covert
operative (1m). These sales are examples of D’s continuing trade and business in trafficking
drugs from source to consumer.
A further 37.3g of methylamphetamine was located at D’s premises along with two laptops,
six iPads, an extendable baton and a set of nunchacku ($300 fine).
On one occasion D told an operative that he could get a new revolver for him for $9,500. The
operative supplied D with $10,000. D told the operative that he would call when he had the
revolver. D did not supply the firearm and the $10,000 was not recovered (2m).

Offender: 41yo at time of sentence; traumatic childhood and upbringing; commenced using
methylamphetamine and cannabis around time of offending; suffers from PTSD (from
violent death of mother and aggravated by military experience in Lebanese army at 16yo)
and depression; prior convictions, including threats to kill, unlawful assault and possessing
methylamphetamine; subject to CCO during most of present offending; good rehabilitative
prospects

Plea: Guilty (early)

Guidance: Sentencing for drug offences – relative harmfulness of different drugs – sentencing judges
cannot take judicial notice of the relative harmful effects of ‘ice’ compared to other drugs –
for the purposes of sentencing, judges must ignore knowledge about the particularly harmful
qualities of ice
Prevalence of ice trafficking – the prevalence of a particular offence is a relevant factor to
assessing the weight to be given to general deterrence and the objective gravity of an offence
– evidence shows that ice trafficking is prevalent – sentencing court may take into account
the prevalence of methylamphetamine trafficking when assessing the weight to be given to
general deterrence
Verdins – case where D failed to demonstrate real connection between mental disorder and

33
 Victorian Sentencing Manual.

offending, as such his moral culpability was not reduced

Court: Redlich, Priest and Beach JJA

Appeal result: Appeal dismissed.

Dordevic v R

Medium [2016] VSCA 166

neutral
citation:

Date: 18/7/16

Offences & 2 x Traffick d.o.d (methylamphetamine and cocaine) – 18m, 15m; 2 x prohibited person
sentences: possess firearm – 9m x 2; Prohibited person possess imitation firearm – 3m; Store firearm in
an insecure manner whilst unlicensed – 4m; Knowingly possess counterfeit money – 1m;
Possess prohibited weapons without exemption or approval – 6m; Deal with property
suspected of being proceeds of crime – 6m; Contravene personal safety intervention order –
2m; Commit indictable offence whilst on bail – 1m
TES – 23m plus 2y CCO

Offending: Upon execution of search warrant at D’s premises police found the following items in the
house, rear shed and D’s car and on D’s person:
 Cash totalling $1,995 within premises and $680 cash on D (6m)
 A knife with a curved double-edged blade, a homemade double-edged knife, a
sword, and a pair of nunchakus (6m)
 A paintball gun with the paintball hopper and gas cylinder removed, located on a
bedside table (9m, 4m)
 A counterfeit $50 note (1m)
 A ‘break-open’ single barrel air rifle, located next to a cupboard (9m; 4m) • A silver
imitation handgun (3m)
 A total of 154.1g of methylamphetamine (ice) (119g pure) (1.19 x CQ) in various zip
lock bags (18m)
 A total of 5.5 grams of cocaine in various bags (purity unstated) (15m)
 A black travel case containing portable scales, empty deal bags and two zip lock
bags containing methylamphetamine and cocaine (included in above)
 7.6g of white crystal cutting agent
 765.5g of white powder cutting agent
D also contacted the subject of a personal protection intervention order against him more than
100 times (2m).

Offender: 45yo; migrant of Siberian origins; conscripted into the Serbian militia – served 6y, captured
by Croatian forces and tortured; acquired brain impairment and strong indications of
Moderate Dysexecutive Syndrome; suffered from major depressive disorder and PTSD; low
IQ; some rehabilitative prospects

34
 Victorian Sentencing Manual.

Plea: Guilty

Guidance: Verdins – sentence not required to specify which Verdins principles were relied on in terms of
‘principle 2’ or ‘principle 5’ – case where the ‘overall tenor’ of sentencer’s remarks
demonstrate that Verdins considerations were taken into account
Interaction between NPP and CCO – case where imposing an NPP would be superfluous
given terms of CCO (80hr community work; drug and mental health assessment and
treatment; judicial monitoring)
Interaction between NPP and CCO – a sentencing judge ought not structure sentences of
imprisonment so as to avoid the mandatory requirements of setting a non-parole period
(s11(1))

Court: Weinberg and Priest JJA

Appeal result: Appeal dismissed.

Morgan v R

Medium [2016] VSCA 143

neutral
citation:

Date: 20 June 2016

Offences & 2 x Traffick d.o.d (MDMA and Methylamphetamine) – 2y, 9m; Possess tablet press – 8m;
sentences: Possess unregistered handgun – 7m; 4 x Possess d.o.d (Methandienone, Methiopropamine,
Testosterone, and Methandriol) – 6m, 5m, 3m, 2m; Possess unregistered category A longarm
– 3m
3 x Deal with property suspected of being proceeds of crime – 6m x 2, 2m; Possess cartridge
ammunition - $300; 3 x Possess a sch 4 poison (Tamoxifen, Acepromazine, and Minocycline)
- $200 x 3
TES – 3y 4m; NPP – 1y 8m

Offending: D and another person were found with a stolen motorbike (6m) on the back of a trailer
attached to a car D claimed to own. D had a small bag containing 0.6g (90% purity) of
Methylamphetamine in his jacket with $981.50 cash (2m).
The following items were located in the car, D’s home, or a factory leased by D:
 2.9g Methylamphetamine (2.7g with 0.7% purity and 0.2g with 2% purity) (0.007 x
CQ) (9m)
 sawn-off rifle (7m) and Winchester rifle (3m)
 glass bottle of Acepromazine ($200)
 847 white MDMA (ecstasy) tablets weighing 249.8 grams (20% purity) (0.5 x CQ)
(2y); 7 yellow tablets and 144 blue tablets containing 19.3g of Methandienone (6m);
28 orange tablets of Minocycline ($200); 7 Tamoxifen tablets ($200)
 5 vials of liquid Testosterone weighing 38.9g (3m) and 2 vials of liquid Methandriol
weighing 19g (2m)
 bag containing 681.3g (12% purity) of Methiopropamine and a further 533.8g (3.5%
purity) of Methiopropamine (1.213kg total weight) (5m)
35
 Victorian Sentencing Manual.

 tablet press for use in making powders into tablets (8m)

 32 rounds of .22LR ammunition ($300)
 stolen motor boat (6m)

Offender: 23y 6m old at time of arrest; 25y at time of appeal; prior offending without conviction
(recklessly causing injury); subsequent offending while on bail including possession of
weapons, ammunition and drugs (served prior to sentence); medium risk of re-offending;
Methylamphetamine user; completed treatment programs and drug-free while in custody

Plea: Guilty

Guidance: Drug possession – onus of proof is on D to satisfy the judge on the balance of probabilities
that possession was not for any purpose relating to trafficking – where satisfied lower
maximum penalty for possession applies
Procedural fairness – onus on D to establish on the balance of probabilities that possession of
drug was not related to trafficking – risk of being sentenced on the basis of a higher
maximum penalty where D does not meet the onus of proof is readily apparent – no
obligation on judge to warn of the risk
Availability of CCO – positive CCO assessment does not create a presumption that a CCO
will be made

Court: Weinberg, Priest and Kyrou JJA

Appeal result: Leave to appeal refused

Gul v R

Medium [2016] VSCA 82

neutral
citation:

Date: 28 / 4 / 2016

Offences & 2 x Traffick a d.o.d – 18m, 12m; Possess material and equipment for purpose of trafficking –
sentences: 6m; 2 x Possess d.o.d – 6m, 1m; 4 x Deal with property suspected of being the proceeds of
crime – 1m x 4; 6 x Possess a sch 4 poison without authorisation or licence (Sildenafil,
Clenbuterol, Clomiphene, Liothyronine, Exemestane, Aminophylline) – convicted and fined
$250 x 6
TES – 2y; NPP – 12m

Offending: Police searched D’s home under warrant and located:

 4962.5g of anabolic and androgenic steroidal agents (0.99 x CQ) – 18m
 53.8g of MDMA at 30-70% purity (0.11 x CQ) and 17.9g of MDA at 12% purity
(0.04 x CQ) – 12m;
 Scientific glassware, chemicals and other equipment, along with precursor
chemicals – 6m
 15.4g of MDA, 11.8g of cocaine and 1872.2g of mescalin – 6m
 0.4g of ketamine, 0.4g of methoxetamine, 0.5g of dimethosyphenethylamine and
10g of Cannabis L – 1m
Also located in D’s bedroom was Sildenafil, Clenbuterol, Clomiphene, Liothyronine,

36
 Victorian Sentencing Manual.

Exemestane, Aminophylline (schedule 4 poisons) (6 x conviction and $250 fine), $325 (1m),
two mobile phones, an iPad and a laptop (1m), 100 unopened syringes, 147 ice pipes and a
number or empty capsules.
When D was arrested he was in possession of 18g of the steroid Stanozolol and suspected
proceeds of crime being a mobile phone (1m) and $100 cash (1m).

Offender: Aged 33y at time of sentence; 32y at time of offending; history of drug use from age 24y;
prior convictions or finding of guilt; diagnosis of major depression with features of an
anxiety disorder; excellent rehabilitative prospects

Plea: G (early)

Guidance: Sentencing remarks – error cannot be imputed to sentencing judge merely because they did
not refer to a particular sentencing consideration in their remarks
CCO – a positive CCO assessment does not create a presumption that a CCO will be made

Court: Priest, Coghlan and Kyrou JJA

Appeal result: Appeal allowed, resentenced as above

Reasons for Three of the original sentences were manifestly excessive: 1 x Traffick a d.o.d – 3y; 1 x
decision: Possess material and equipment for purpose of trafficking – 12m; 1 x Possess d.o.d – 12m.
Assessment of rehabilitative prospect as ‘reasonably good’ understated the significant and
sustained progress that D had made in remaining drug free and becoming a worthwhile
member of the community, and thus failed to give rehabilitation the substantial weight that it
required (voluntary attendance as an out-patient for four months at rehabilitation program;
stable employment; family support). Furthermore general deterrence given too much weight.

Fattah v R

Medium [2016] VSCA 43

neutral
citation:

Date: 18 / 3 / 2016

Offences & Trafficking in a d.o.d (methamphetamine) – 3y, wholly suspended for 2y

sentences:

Offending: O was a major trafficker of methamphetamine. W cooked and trafficked methamphetamine

for O and others. D’s trafficking comprised five transactions over a seven week period. D
sourced meth oil for $120,000, which he supplied to W, and was present when W tested the
oil. D couriered cash from Sydney to Melbourne and delivered it to X. D twice delivered
meth oil to W and picked up vacuum-bags of methamphetamine. The amount trafficked
approached, but did not exceed, 500g (1 x CQ).

37
 Victorian Sentencing Manual.

Offender: Significant, albeit subordinate, role as trusted emissary (but without any independent
authority) in trafficking; functionary rather than senior operative, felt sense of loyalty for
personal assistance from those with more senior role; rehabilitated self in most impressive
fashion during three year delay between arrest and charge; left Australia as no longer wished
to associate with co-offenders

Plea: G

Guidance: Delay – case where D not charged until three years after stopped offending – case where
delay was a very mitigating factor

Court: Maxwell P, Redlich and Priest JJA

Appeal result: Appeal allowed.

Reasons for Judge imposed sentence on erroneous factual basis, taking into account facts and matters the
decision: prosecution originally relied upon but which, by the time of the plea hearing, were no longer
relied upon. Error conceded. Resentenced as above.

Milk v R

Medium [2015] VSCA 237

neutral
citation:

Date: 7 / 9 / 2015

Offences & 3 x Traffick d.o.d. (methylamphetamine, cannabis, amphetamine) – 4½y, 9m, 6m; Handling
sentences: stolen goods – 3m; 2 x Possess d.o.d. (Alprazolam (Xanax), MDMA) – 7d x 2; Dealing with
property suspected of being proceeds of crime – 7d.
TES – 5y 1m; NPP – 3y 6m

Offending: Over the course of 4 years, D sold an estimated quarter of an ounce of methylamphetamine
each week (equivalent to 70 deals of 0.1g each). This allowed D to make an estimated profit
of $4,046 per week (4½y ).
During that time, D also trafficked amphetamine on a continuous basis (6m).
The police located 519.7g of cannabis (0.2 x CQ) at D’s premises, along with notes
recording cannabis sales. D admitted to growing three cannabis plants over a 4 month period,
and selling the approximate yield of 2 pounds of dried cannabis, for a total price of $5,200
(9m).
At D’s home, the police also found a quantity of Alprazolam (Xanax) (2 milligram tablets)
(7d), four MDMA tablets (7d), two brand new unused hot water service units (worth
$1,990.45 combined) which had been stolen in a burglary (3m). D had cash totalling $990 in
her jacket pocket, and a further sum of $400 was located in a jewellery box in D’s bedroom.
Found beside the cash was a sheet of paper containing handwritten notes relating to drug
trafficking (7d).
38
 Victorian Sentencing Manual.

Offender: History of substance abuse; drug counselling and psychological treatment have been
sought/started; suffered from transient but intense periods of depression; previous suicide
attempts; no prior convictions; made extensive admissions; stricken with anxiety after being
victim of serious home invasion related to trafficking activities; offending profit-driven

Plea: Guilty

Guidance: Injury to offender in course of offending – discussion of when such injury may be mitigating
– well-known risk that persons involved in trafficking are sometimes targeted by other
criminals who forcefully seek to steal their drugs or profits – if risk materialises, cannot
mitigate trafficking sentence – case where serious home invasion against D could not in itself
mitigate sentence as form of extra-curial punishment or as moderating specific deterrence
Drug trafficking – sentencing standards – offending was serious example of drug trafficking
over an extended period of time - a sentence other than an immediate sentence of
imprisonment would have been insufficiently punitive.

Court: Maxwell P and Priest JA

Appeal result: Leave to appeal refused

Ashweirth v R

Medium [2015] VSCA 224

neutral
citation:

Date: 26/8/2015

Offences & Aiding and abetting trafficking d.o.d, attempting to traffick a d.o.d (methylamphetamine and
sentences: amphetamine), 2 x knowingly dealing with proceeds of crime, possess d.o.d (amphetamine) -
3y (CCO with conditions);* possess unregistered firearm – $250 fine
* Aggregate sentence

Offending: Over 3 months D passed on phone messages to TF, with whom D lived, to facilitate TF’s
trafficking in methylamphetamine and amphetamine. D was also in contact with a number of
TF’s co-offenders to assist TF in his drug dealings. D also permitted TF to use her bank
account for payments ($10,000) relating to drug transactions. D acted on behalf of TF by
receiving and passing on messages on his behalf. D was also involved in drug transactions on
four separate days. From time to time D drove TF to drug related meetings
D attempted to negotiate the sale of an ‘eight ball’ (3.5 grams of amphetamine) (0.035 x CQ)
to her hairdresser. The sale did not eventuate, but D offered to sell an ‘eight ball’ to her in the
future if required.
Upon execution of a search warrant at D and TFs address, the police seized an air rifle, 6.2
grams of amphetamines in snap lock bags, and stereo equipment.

39
 Victorian Sentencing Manual.

Offender: 30y; no prior convictions; subject of horrific abuse as a child resulting in PTSD, paranoid
ideation and chronic depression; since disassociated from TF and other co-offenders;
employed; recommenced studies; very low in hierarchy of offenders.

Plea: Guilty (early)

Guidance: Parity – appropriate relativity of sentences where sentence on co-offender arguably

inadequate – principle of justice between co-offenders prevailing - case where co-offender’s
more significant role in criminal enterprise, and offending while on a good behaviour bond,
warranted disparate sentence.

Court: Priest and Beach JJA

Appeal result: Appeal allowed. Resentenced as above.

Reasons for Given D’s location in hierarchy and personal circumstances, application of sentencing
decision: discretion ought not to have resulted in imprisonment. While it would ordinarily be
appropriate to attach a community service condition to such an order, given D had already
served 52 days in prison prior to the appeal, to impose a community service condition in
these circumstances would have made the CCO unduly punitive.

Taumoefolau v R

Medium [2015] VSCA 221

neutral
citation:

Date: 25/8/2015

Offences & Trafficking a d.o.d (Ecstasy, Methylamphetamine, Cannabis) – 3½y x 2, 2y; Possess
sentences: Prohibited Weapon – 2m.
TES – 5y; NPP – 3½y.

Offending: D trafficked an unknown amount of ecstasy over a two week period (3½y).
Over a 12 day period, D received unknown quantities of methylampehtamine from his
supplier, cancelled an order for six ounces of methylamphetamine, ordered and then re-
ordered ten ounces of methylamphetamine, received delivery of two ounces of
methylamphetamine, and had contact with his supplier regarding payment (3½y).
D trafficked cannabis on one day (2y). A sword was found in D’s master bedroom (2m).

Offender: 33 at sentence; mid-level supplier and dealer; married with 4 children; good physical and
mental health; prior criminal history, including prescribed restricted substance and drug
offences, property offences, threat to kill and a firearms offence; on parole at time of
offending.

Plea: Guilty (early)

40
 Victorian Sentencing Manual.

Guidance: Offence gravity – Trafficking a drug of dependence – Not less serious merely because some
of the drugs are not distributed – Legislative scheme does not distinguish on that basis –
DPP v Holder [2014] VSCA 61 affirmed.
Offence gravity – Trafficking – Despite principles from DPP v Holder [2015] VSCA 61, not
correct to assert that gravity never reduced where drugs are not distributed.
Offence gravity – Trafficking – Actual or potential harm may be relevant – Gravity may be
judged by potential consequences and by intentions of offender notwithstanding what was
actually achieved.

Court: Hansen, Whelan and Beach JJA

Appeal result: Appeal dismissed.

Haddara v the Queen

Medium [2015] VSCA 158

neutral
citation:

Date: 19 June 2015

Offences &  Traffick d.o.d. (methylamphetamine) – 3y;

sentences:  4 x being prohibited person in possession of a firearm (Sterling .22 calibre rifle;
AK-47 assault rifle; .22 calibre pen pistol x 2) – 12m x 2, 9m x 2;
 3 x being prohibited person in possession of an unregistered firearm (.22 calibre pen
pistol; SKS-M semi-automatic rifle; M1 Carbine semi-automatic rifle) – 18m x 2,
9m
 possess d.o.d. (anabolic and androgenic steroidal agents) – 1m;
 possess d.o.d. (cannabis) - $200 fine;
 3 x possess cartridge ammunition without license - $200 fine x 3;
 3 x possess prohibited weapon without exemption – 3m x 3;
 possess protected wildlife without license (crocodile) – 4m;
 2 x drive whilst disqualified – 3m x 2; 2 x unlicensed driving – 1m x 2
TES – 6y; NPP – 3y9m

Offending: D and EE were co-owners of a motor vehicle repair business which was suspected of
trafficking in drugs and firearms. Over a one month period, D sold 496.03g of
methylamphetamine (0.99 x CQ) to a police covert operative and other individuals (3y).
Two weeks later, D sold the covert operative a .22 calibre pen pistol for $1,000 (9m). Three
days later, D arranged to sell the operative an AK-47. The operative handed over $5,000 as
part-payment, but the money was returned when the arrangement went awry. Later, during a
telephone call, D told the operative that he had the firearm there in his hands (12m). That
night, the covert operative purchased a .762 calibre SKS-M semi-automatic rifle (18m) and
ammunition ($200 fine). Three weeks later, D sold the operative an M-1 carbine semi-
automatic rifle (18m) with ammunition ($200 fine). Less than a week later, D sold the
operative what was purported to be a .45 calibre handgun, but was in fact an imitation, for
$6,500 (3m). Two weeks later, D exchanged messages with an associate arranging to sell
41
 Victorian Sentencing Manual.

a .22 calibre gun with ammunition. The next day, a search warrant was executed at D’s house
and of D’s car. A Sterling .22 calibre rifle was found (12m), cartridge ammunition ($200
fine), two .22 calibre pen pistols (9m, 9m), a crocodile (4m), and a metal sword, three
samurai swords and a flick knife (4m).
A search warrant at the car repair business also found a cross bow (4m), 4.6g of cannabis
($200 fine), steroids: 34.98g testosterone, 2.8g nandrolone, 6.7g trenbolene and 8.8g
methandienon (1m).
Further, during a six month period while D was under surveillance, he was observed on two
occasions driving whilst unlicensed (1m, 1m), and on two occasions driving whilst
disqualified (3m, 3m).

Offender: Low level of intellectual functioning; major depressive disorder; relatively limited criminal
history; not previously imprisoned

Plea: Guilty

Guidance:
Firearms Offences – replacement of old offence with similar offence – effect of reduction in
maximum penalty

Court: Priest and Beach JJA

Appeal result: Appeal allowed. Resentenced as above.

Reasons for Likely that judge did not apply the correct statutory maximum with respect to charge of
decision: being a prohibited person in possession of firearm, compared to the offence of being a
prohibited person in possession of an unregistered firearm.

Oleyar v R

Medium [2015] VSCA 134

neutral
citation:

Date: 4 June 2015

Offences & Trafficking a d.o.d (methylamphetamine) – 4y6m; possess a d.o.d x 4 (cocaine, MDMA,
sentences: LSD, psilocin) – 6m*; possess a d.o.d (cannabis) – convicted and discharged; possess
precursor chemicals – 6m; knowingly deal with proceeds of crime – 9m
TES – 4y6m; NPP – 3y
* Aggregate sentence

Offending: Over a couple of months, D manufactured methylamphetamine at home. D supplied that

drug to others, including his co-accused KM, who in turn sold the drug and returned funds
to D on occasion. KM kept some proceeds for herself. D also sold some of the drug (4y6m).

42
 Victorian Sentencing Manual.

D had accumulated glassware, equipment and materials to manufacture MDMA in his

home. D also had possession of a precursor chemical, benzylhalide, for the making of
MDMA (6m). In addition, D had small quantities of cocaine, MDMA, LSD and psilocin for
personal use (6m aggregate). D also had $27,000 in cash.

Offender: Recent history of conviction and imprisonment for drug trafficking; no other details
specified.

Plea: Guilty

Guidance: Parity – Existence of prior convictions, degree of involvement and presence of extra-curial
punishment all relevant points of distinction
Maximum sentence – small quantity of cannabis for personal use.

Court: Ashley and Weinberg JJA

Appeal result: Leave to appeal refused, but sentence on possession of cannabis altered under Criminal
Procedure Act 2009 s280(3).

Reasons for The original sentence on charge of possession of a small quantity of cannabis was
decision: impermissibly aggregated with the other possession charges in circumstances where the
aggregate penalty exceeded the maximum penalty for that offence.

Latina v R

Medium [2015] VSCA 102

neutral
citation:

Date: 15/5/15

Offences & Traffick d.o.d. – 3y; handling stolen goods 2½y; 2 x possession of substance, material,
sentences: documents or equipment for manufacturing d.o.d. – 2 x 18m; 4 x dealing with property
suspected of being proceeds of crime – 8m*; 3 x possession or use of an unregistered
category B long arm – 3 x 6m; 4 x possession of prohibited weapon without exemption –
3m*; 2 x possession of cartridge ammunition without licence or permit - $2000 fine, $1000
fine
TES – 5y; NPP – 2y9m
* Aggregate sentence

Offending: The police executed a search warrant at D’s home. In the back shed at the premises the
police located equipment and substances associated with the manufacture of
methylamphetamine (18m). The total quantity of the substances containing
methylamphetamine was 768.5g. The amount of pure methylamphetamine contained within
this amount was 15g. Also located was a large amount of stolen property and cash (2y6m).
The police later executed a search warrant at a storage facility that D used and located a
further amount of stolen property, firearms, ammunition and gun powder (3 x 6m). Also

43
 Victorian Sentencing Manual.

located were chemicals and equipment associated with the manufacture of

methylamphetamine (18m).
D had started off trafficking at a relatively low level, but increased to the stage where he was
selling between $300 - $1,000 worth of methylamphetamine on a daily basis (3y).
D was also found in possession of property suspected of being the proceeds of crime,
including $8,050 found inside jacket pockets in D’s bedroom; $1,300 found inside a jacket in
D’s bedroom; $33,900 found inside a vacuum sealed bag secreted behind the kitchen drawers
(aggregate sentence of 8m for four charges)
D was also found in possession of prohibited weapons, including: a samurai sword found
beside a bed; a handmade taser device in the hall; an imitation firearm in the kitchen; a cross
bow in the storage facility (aggregate sentence of 3m for four charges).
In addition, D was in possession of ammunition, shot gun shells and bullets found in the back
shed of D’s premises ($1,000 fine) and rounds, shells and cartridges found at the storage
facility ($2,000 fine).

Offender: Male; aged 46 at appeal; genuine remorse; favourable prospects for rehabilitation; no prior
criminal history

Plea: Guilty

Guidance: Disclosure of offending - leniency where full and voluntary confession by offender of facts
which elevate offence gravity and are unknown to investigators

Court: Redlich and Kyrou JJA

Appeal result: Appeal allowed. Resentenced as above.

Reasons for The required leniency for D’s confession was not reflected in the sentence imposed (TES -
decision: 6½y; NPP – 4y). Without D’s admissions, the duration of his offending and the quantity in
which he had trafficked would not have been established. Therefore, D was entitled to a
discount on sentence for the serious trafficking that was established as a consequence of his
confession.

Powell v R

Medium [2015] VSCA 93

neutral
citation:

Date: 6/5/15

Offences & Prohibited person in possession of a firearm – 15m; trafficking a d.o.d. (methamphetamine) –
sentences: 1y; possessing a substance, material or equipment relating to trafficking a d.o.d. – 6m; 3 x
possession of a prohibited weapon without exemption or approval (tomahawk axe, butterfly
knife, knuckle duster) – 1m, 1m, 1m; possession of a d.o.d. - $100 fine with conviction

44
 Victorian Sentencing Manual.

TES – 2y; NPP – 15m

Offending: At about 7:50am on 20th September 2013, police executed a search warrant at a property in
Sunbury where D lived with his de facto partner, his 9 year old stepson and 5 year old
daughter.
D was present at the property when the warrant was executed. D was observed placing a
sawn-off, 12-gauge shot gun on the kitchen table as the police gained entry to the house. The
gun was seized by police, and found not to be loaded (charge 4). At the time D was a
prohibited person within the meaning of s.3 of the Firearms Act 1996.
The police then searched the premises and found: a zip lock bag containing 23g of
methamphetamine (1y); a glass measuring jug containing a white powder, filters, and various
precursor chemicals and other equipment and paraphernalia which D admitted to having
acquired for the purpose of an unsuccessful attempt to cook methamphetamine (6m); a small
container with five brown ecstasy tablets in it ($100 fine with conviction); an unloaded
Jennings .22 calibre handgun (15m); a butterfly shaped double edged knife (1m), and a
double edged axe displayed on the kitchen wall ( 1m); and a set of knuckle dusters displayed
in a glass cabinet in the hallway (1m).
In addition, the police located an ammunition clip for the Jennings handgun, and four hollow
point .38 bullets. However, those bullets could not be used with the .22 Jennings handgun.
No other ammunition capable of being used with either of the two guns was found on the
premises.

Offender: Male; aged 30 at time of sentencing; some prior convictions (judged ‘not extensive’);
remorse; imprisonment burdensome due to young family; suffering from a
methamphetamine addiction (along with his partner); offence financially burdensome on his
parents; prospects of rehabilitation not high.

Plea: Guilty (early)

Guidance: Current sentencing practices – case comparison – case where sentence imposed inconsistent
with relevant comparators in previous cases.
Current sentencing practice – Sentencing practices for prohibited person in possession of
firearm
Offence gravity – Availability of CCO
Sentencing purposes – need for specific deterrence and denunciation due to offenders past
history.

Court: Weinberg and Kyrou JJA

Appeal result: Appeal allowed. Resentenced as above.

Reasons for The sentence originally imposed on being a prohibited person in possession of a firearm (2y)
decision: was manifestly excessive, when compared against other roughly comparable cases.
Factors distinguishing this case from cases of more serious offending included that the
handgun was not functional, no ammunition was possessed for the handgun or shotgun, and
the shotgun had been acquired six months earlier in a context not directly related to
circumstances in which D became a prohibited person.

45
 Victorian Sentencing Manual.

Taumoefolau v R

Medium [2015] VSCA 91

neutral
citation:

Date: 6/5/15

Offences & 3 x Traffick a d.o.d. (ecstasy, methylamphetamine and cannabis) – 3½y, 3½y, 2y; Possession
sentences: of prohibited weapon – 2m
TES – 5y; NPP – 3½y

Offending: DP supplied D with an unknown quantity of methylamphetamine, on the agreement that D

would break up the drug into samples. D subsequently confirmed that this had been done. He
arranged to meet DP and, during a meeting at D’s home, an outstanding debt was discussed
relating to an earlier supply, and a further unknown quantity of methylamphetamine was
supplied.
Subsequently a series of SMSs were exchanged with DP showing that D ordered 6 ounces of
methylamphetamine from DP and then cancelled the order because another supply had
arrived. DP then asked if D still needed the supply of the drug and D agreed to accept this
supply on the basis of cash on delivery. DP procured seven ounces and sent an SMS to tell D
he was on his way, but D was not at home so that transaction was not completed.
That same evening there were further messages relating to a six ounce delivery to D at his
home. When D was unable to provide money, DP put off the supply. The following day D
asked DP for a price for ten ounces and was told it would be $85,000. Four ounces of
methylamphetamines were sourced by DP from a third party, but the order was cancelled.
Two of the four ounces were returned to the third party. The other two were retained. DP told
D about the two ounces and again arranged to meet at D’s home the following day. After the
drug was supplied to D, payment was discussed and D told DP he had $14,000 for a
previously outstanding drug debt. (3y6m)
Some of the drugs involved in the trafficking were supplied to another trafficker by D, but
the ultimate disposition of others was unknown.

Offender: Male; age unknown

Plea: Guilty

Guidance: Current sentencing practices – case comparison – relevant to determining current sentencing
practices for a particular offence – can assist to identify particular principles to be applied in
instant case.
Offence gravity - seriousness of trafficking offence where drugs are unsupplied - - case
where transactions fell through.

Court: Osborn JA

Appeal result: Leave to appeal refused.

46
 Victorian Sentencing Manual.

Ahmad v R

Medium [2015] VSCA 23

neutral
citation:

Date: 17/2/2015

Offences & Indictment 1

sentences:
Affray – 3m, plus 3y CCO with 250 hour community work condition
Indictment 2
Traffick d.o.d. – 590 days; Robbery – 590 days; Intentionally causing injury – 300 days;
Threat to cause serious injury – 400 days; Possess counterfeit money – 2m; Store
ammunition insecure manner – 180 days; Possess prohibited weapon – 250 days; Posses
controlled weapon – 180 days; Possess d.o.d. – 20 days
TES – 674 days, plus 3y CCO with 250 hour community work condition

Offending: Indictment 1
Late at night, D and his co-offender X drove together to the home of X’s partner, Y, whom
they found in the company of her former partner. A scuffle broke out between the two pairs,
with Y’s family also becoming involved (3m, plus 3y CCO). D ultimately left the scene
when Y’s family warned him off.
Indictment 2
Some months later, D supplied methamphetamine to G, agreeing that G would pay for it later
(590 days). G later refused to pay, believing that D had given him sugar, not the drug.
Subsequently, the pair agreed to meet. At this meeting, G was accompanied by F, while D
brought three other men with him. When a disagreement arose as to the amount of money D
was owed, F was made to get into D’s group’s car, while D got into G’s car. D then
instructed G to follow the first car as it was driven to a secluded location. Once at that
location, D and two of his group punched G several times in the face (300 days), causing G
to sustain bruising grazes. G and F subsequently fled the scene on foot. G’s car was found
the next day, but missing his keys, wallet and mobile phone. When police later searched at
D’s home, they found G’s credit card and mobile phone (590 days), methamphetamine (20
days), counterfeit money (2m), ammunition (180 days) and an imitation firearm (250 days).
That night, D posted a threatening message to G on Facebook (400 days). When D was
arrested several days later, he was found in possession of a knife (180 days).

Offender: Male, aged 22 at date of sentence; violent stepfather who abused him and his mother;
childhood sexual abuse by uncle; drug use from teens; good work history; extensive criminal
history in Children’s Court - including violent offences; limited adult criminal history; no
prior imprisonment; good rehabilitation prospects - steps taken while in custody

Plea: Guilty (early)

Guidance: Community correction orders and imprisonment – combination of short term of

imprisonment with community correction order may achieve all sentencing purposes, even
for serious offending

47
 Victorian Sentencing Manual.

Offence gravity – case where characterisation of overall offending as ‘serious’ not

inconsistent with conclusion that individual offences were at lower end of seriousness
Totality – case where full cumulation of sentences imposed on separate indictments did not
offend totality principle

Court: Priest and Beach JJA

Appeal result: Appeal dismissed.

McAleer v R

Medium [2015] VSCA 4

neutral
citation:

Date: 4/2/2015

Offences & Aiding and abetting trafficking a d.o.d. – 2y CCO; Possess unregistered handgun – 2y CCO
sentences: TES – 2y CCO, with conditions requiring treatment and rehabilitation for drug problems and
prohibiting contact with principal offender

Offending: D lived with her partner, M, a high-level methylamphetamine dealer. D assisted M’s
trafficking business by recording details of amounts owed, paid and property traded by
clients to reduce their drug debts. One such record indicated that D had paid a plasterer one
gram of amphetamine for his work. The total value of the drug dealings that D assisted M
with amounted to approximately $300,000 (2y CCO).
As part of his dealing business, M wanted to collect a significant drug debt from a client. On
M’s request, D took a sawn-off .22 rifle with a silencer and ammunition, concealed in a
sunshade, from their house to M, who was waiting outside in a stolen car (2y CCO).

Offender: Female, aged 24 at date of sentence; otherwise good character; family support; completed
schooling; qualified childcare worker – lost job and licence to work with children revoked
following arrest, causing loss of career; no prior convictions; incomplete remorse; fairly
good rehabilitation prospects

Plea: Guilty (early)

Guidance: Community correction orders - punitive in nature - may be appropriate even for offences of
some seriousness, where a sentence of imprisonment may previously have been imposed
Imprisonment and community correction orders – need for court to consider whether any
feature of the offence or offender indicate imprisonment is necessary, having regard to
punitive and rehabilitative capacity of CCOs

Court: Priest and Beach JJA

48
 Victorian Sentencing Manual.

Appeal result: Appeal allowed. Resentenced as above.

Reasons for The original sentence imposed (TES – 2y; NPP – 10m) was manifestly excessive. D’s
decision: offending did not warrant a sentence of imprisonment, having regard to her personal
circumstances and the influence M exerted over her. Rather, a CCO was an appropriate
disposition. While it would ordinarily be appropriate to attach a community service condition
to such an order, given D had already served over five months in prison prior to the appeal,
to impose a community service condition in these circumstances would have made the CCO
unduly punitive.

McNaughton v R

Medium [2014] VSCA 174

neutral
citation:

Date: 18/8/2014

Offences & 5 x Traffick a d.o.d. – 3y8m, 2½y, 2y, 18m, 12m; Possess substances and/or equipment for
sentences: trafficking – 2½y; Conspiracy to cultivate a d.o.d. – 2y3m; Possess precursor chemical – 6m
TES – 6y4m; NPP – 3y10m

Offending: In late 2008, police suspected D of being involved in drug offences and placed him under
surveillance. Subsequently, during March 2009, D and and a co-offender, R, conspired to
cultivate a cannabis crop (2y3m). D’s role was to finance the purchase of a rural property,
and to supply the necessary equipment and cannabis seedlings. R’s role was to live at the
property and care for the cannabis crop they intended to grow.
The surveillance also disclosed that D had a relationship with another co-offender, G, who
was a methylamphetamine ‘cook’ and supplied drugs to D, which D then trafficked.
D was arrested in early April 2009 and was found in possession of items associated with the
cannabis cultivation operation, as well as traffickable amounts of methylamphetamine,
MDMA, cocaine, MDA and LSD.
Subsequent searches of premises associated with D premises located quantities of
methylamphetamine, MDMA, cocaine, MDA, LSD and nitro methane, as well as documents
and equipment associated with the trafficking of drugs, including hardware, scales and an
electric hotplate (2½y).
D was sentenced on the basis that he financed and directed the operation, and was its driving
force. The quantities of each drug the subject of a separate trafficking charge was as follows:
 methylamphetamine – 596.4g (198.8 times a traffickable quantity in a mixture)
(3y8m);
 MDMA – 44.5g (14.8 times a traffickable quantity in a mixture) (2½y);
 cocaine – 3.2g (the minimum traffickable quantity in a mixture) (18m);
 MDA – 8.7g (2.9 times a traffickable quantity in a mixture) (2y); and
 LSD – 6.53g (44.4 times a traffickable quantity in a mixture) (12m).
The possession of a precursor chemical charge related to 1.5L of nitro methane, which is 30
times the minimum amount prescribed to constitute that offence.

49
 Victorian Sentencing Manual.

Offender: Male, aged 50 at date of appeal; difficult life but intelligent; some health issues, both
physical and psychological; prior drug-use, but now abstinent; no relevant prior convictions;
apparent remorse; good rehabilitation prospects provided continued abstinence from drugs

Plea: Guilty (late)

Guidance: Current sentencing practices for conspiracy to cultivate cannabis – sentences of 2-3y
imprisonment not unusual
Parity – comparing offenders with different roles in offending and different prior criminal
histories
Current sentencing practices for traffick methylamphetamine - sentences of 3-4y
imprisonment not unusual
Sentencing standards for possess substances and/or equipment for trafficking – case where
sentence considered ‘stern’ but not outside range

Court: Hansen and Priest JJA

Appeal result: Appeal dismissed.

Fernandez v R

Medium [2014] VSCA 169

neutral
citation:

Date: 7/8/2014

Offences & Traffick a d.o.d. (methylamphetamine) – 3½y; Stalking – 9m; Possess a d.o.d. (testosterone)
sentences: – 1m; Common assault – 1m
TES – 4y; NPP – 2½y

Offending: D and V had been in a relationship for approximately 12 months. During the relationship, D
became increasingly volatile, and began using steroids and methylamphetamine. D also
began to sell methylamphetamine to friends. D and V’s relationship was characterised by
each other’s possessiveness toward the other.
One morning, D went to V’s apartment and let himself in using a key she had given him. V
was not home at the time, but when she came home, she lied to D about where she had been.
When V confessed that she had been with an ex-partner, D became angry, disturbed
furniture, threw items around, and threw a small mirror at V (1m).
Two months later, after receiving a tip off from V, police arrested D and executed a search
warrant at his premises. During the search, police located various items, including 24.5g of
methylamphetamine, of 90 per cent purity (3½y), a quantity of testosterone (1m), $30,550
cash, along with several vials, pipes and syringes, and a diary detailing transactions. On the
same day, V obtained an interim intervention order against D, which was subsequently made
final, operating for 12 months.

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 Victorian Sentencing Manual.

About eight months after D’s initial arrest, he was observed to follow V, both on foot and in
his vehicle, as she visited a male friend (9m). Subsequently, a tracking device was located on
V’s vehicle and an instruction book for such a device was found at D’s home.

Offender: D: Male, aged 36 at date of offences; Spanish born – arrived in Australia as an infant;
difficulties at school and with family; good work history; psychological problems; relevant
prior convictions, including kidnapping, burglary, theft, and drug trafficking

Plea: Guilty

Guidance: Sentencing purposes for drug offences – case emphasising specific and general deterrence,
just punishment and denunciation
Offence gravity – aggravating matters for stalking – offending in breach of intervention order
and while on bail

Court: Weinberg and Priest JJA

Appeal result: Appeal allowed. Resentenced as above.

Reasons for The original sentence imposed for the stalking charge (20m) was manifestly excessive
decision: having regard to current sentencing practices, reopening the sentencing discretion. On
resentencing, the sentence for that offence was reduced to 9m and all other sentences were
confirmed.

Hoang v R

Medium [2013] VSCA 287

neutral
citation:

Date: 14/10/2013

Offences & Traffick a d.o.d. (heroin) - 6y; Deal with property suspected of being proceeds of crime – 6m
sentences:
TES - 6y; NPP – 4y

Offending: Police observed D fiddling with the air filter of a car which was pulled over on the side of a
road. On examination of the filter, a parcel containing 199g of heroin in rock form was
located (6y). The heroin had not yet been pulverised and cut for distribution and street use.
The estimated street value of the heroin was between $20,000 and $85,000. At the time of his
arrest, D had $2475 in his possession (6m). He was sentenced on the basis that he acted as a
courier.

Offender: Male, aged 52 at date of sentence; heroin addict for approximately 37 years; significant
criminal history – including drug and dishonesty offences; numerous breaches of suspended
sentences and community based orders

Plea: Guilty

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 Victorian Sentencing Manual.

Guidance: Sentencing for drug offences – quantity of drug trafficked is determinative, not the purity or
dollar value of the drug
Relevance of addiction to sentence - no mitigation for offender who continues to offend
despite ongoing opportunities for reform

Court: Neave and Coghlan JJA

Appeal result: Application for leave to appeal refused.

Ridge v R

Medium [2013] VSCA 203

neutral
citation:

Date: 7/8/2013

Offences & 2 x Traffick d.o.d. - 4y10m, 6m; 3 x Possess d.o.d. – 2m x 3; Use d.o.d. - 1m
sentences:
TES – 5y; NPP – 621 days

Offending: Over approximately three months, D purchased a quantity of crystal methylamphetamine

from a co-offender, B. D purchased drugs several times per week, on each occasion
purchasing between 3.5 and 14g of drugs. The amount of money exchanged exceeded
$40,000. D then sold most of the drugs to others and used the money to finance further
purchases from B. On one occasion, D purchased ketamine. When police searched D’s
house, they discovered several ziplock bags containing methylamphetamine as well as seven
ecstasy pills, which D admitted he had available for sale, and D’s records indicated he had
sold ecstasy two weeks earlier. Police also located drug paraphernalia and records indicating
that D purchased from B on 13 occasions and that D had at least 82 transactions in the period
with at least 19 different customers.

Offender: Male, age not stated; incurable oesophageal cancer – 2-3 year life expectancy; very good
rehabilitation prospects

Plea: Guilty

Guidance: Sentencing standards for traffick, possess and use d.o.d.

Fresh evidence – need to establish new mitigating factor existed at time of sentence
Non-parole period – sentence reduced to allow immediate release on parole due to inoperable
cancer

Court: Warren CJ and Coghlan JA

Appeal result: Appeal allowed.

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 Victorian Sentencing Manual.

Reasons for Fresh evidence of inoperable oesophageal cancer. Non-parole period reduced to time already
decision: served.

Grech v R

Medium [2013] VSCA 117

neutral
citation:

Date: 15/5/2013

Offences & Traffick d.o.d. (amphetamine) – 3y3m; Possess d.o.d. (cannabis) - $100 fine; 3 x Deal with
sentences: property suspected of being proceeds of crime – 3m x 3
TES – 3½y; NPP – 18m

Offending: For approximately 2½ months, D trafficked methylamphetamine. The amount trafficked was
at the higher end of trafficking simpliciter. At the time of D’s arrest, he was in possession of
5.4g of cannabis and 6.7g of methylamphetamine. He was also found in possession of three
items suspected of being the proceeds of crime (a car, a Telstra T-Hub and $23,750 cash). At
the time of the offences, D was on parole for similar offences.

Offender: Male, aged 55 at date of appeal; very difficult upbringing; several serious health problems;
risk mental health may deteriorate in prison; very significant history of serious drug
trafficking from 1976 onwards; remorse; moderate rehabilitation prospects

Plea: Guilty

Guidance: Sentencing standards for traffick and possess d.o.d. and deal with property suspected of
being proceeds of crime
Totality – need to have regard to whole period of any term of imprisonment offender must
serve due to cancellation of parole
Totality – no reason to distinguish between head sentence and non-parole period when
applying principle

Court: Buchanan, Coghlan and Priest JJA

Appeal result: Appeal allowed. Resentenced as above.

Reasons for The total effective sentence originally imposed (5y3m) infringed the totality principle,
decision: reopening the sentencing discretion.

Vozlic v R

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 Victorian Sentencing Manual.

Medium [2013] VSCA 113

neutral
citation:

Date: 8/5/2013

Offences & Traffick d.o.d. (amphetamine) – 3y; Threat to kill – 6m

sentences:
TES – 3y3m; NPP – 2y

Offending: Over eight months, D and his significantly younger co-offender, L, engaged in commercial
trafficking of amphetamine in Mildura. D had access to a significant supply of drugs and
supplied L with about one ounce of amphetamine each week for 31 weeks. L and his
girlfriend would then on sell it to others, either in one ounce quantities or in other quantities
after diluting the purity of the drug. The estimated cost of the 31 ounces was $173,600. At
one stage, L owed D approximately $12,000. D threatened L regarding this debt, including
by threatening to kill L.

Offender: Male, aged 41 at date of offences; intelligent, mature man; drug addiction at time of
offending; stable work history; strong family support; no prior convictions; good
rehabilitation prospects

Plea: Guilty (early)

Guidance: Sentencing standards for traffick d.o.d. and threat to kill

Sentencing purposes – case where general and specific deterrence of particular importance,
given offender’s high moral culpability
Fact finding for sentence – inappropriate to refuse to accept assertion of fact regarding
relevance of offender’s drug addiction to sentence
Fact finding for sentence – judges should not approach case with predisposition towards
accepting or rejecting a particular category of fact
Relevance of drug addiction to sentence – causal relationship between addiction and nature
and level of trafficking offence relevant
Absence of drug addiction – use as aggravating factor, by supporting conclusion offending
motivated by greed and not to feed habit, requires proof to criminal standard
Sentencing statistics – limited utility - reliance wrongly focuses on numerical and
mathematical equivalents, not application of relevant legal principles
Sentencing statistics for drug trafficking – limited utility given wide range of amounts which
may be covered by offence
Offence gravity – offence at higher end of range given offender’s higher position in
hierarchy of offence, which afforded him access to large quantities of drugs with prospects of
profits

Court: Ashley, Redlich and Priest JJA

Appeal result: Appeal allowed. Resentenced as above.

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Reasons for Errors in the factual basis on which the offender was sentenced reopened the sentencing
decision: discretion and required the offender to be resentenced.

Koumis v R

Medium [2013] VSCA 47

neutral
citation:

Date: 7/3/2013

Offences & 2 x Traffick a d.o.d. (amphetamine and heroin) – 2y, 12m

sentences:
TES – 2½y, with 18m suspended for 3y

Offending: D was a drug courier and was arrested by police after checking into a country hotel. When
searched, D was found to be in possession of 64.3g of a mixture of amphetamine with a
purity of about 5% and 15.2g of a mixture containing heroin with a purity of 16%. Police
located some of the drugs in a zip lock bag in some clothing, along with other drug
trafficking paraphernalia, in D’s hotel room. Police also located mobile phones, cash and
digital scales in D’s vehicle. D was to receive a $200 commission for delivering the bag of
drugs.

Offender: Male, aged 64 at date of sentence; Cypriot born – arrived in Australia aged 7; tiler – worked
for father until father’s death in 1999; prior convictions – including drug and dishonesty
offences; subject offences committed while on parole for earlier offences

Plea: Guilty

Guidance: Sentencing standards for traffick a d.o.d.

Fresh evidence – cancellation of parole post-sentence will constitute fresh evidence for the
purposes of appeal
Totality principle – time already served for earlier offences may be considered
Totality – court must consider total custodial sentences arising from all offending – including
all imprisonment for earlier offences

Court: Neave JA and Kaye and Lasry AJJA

Appeal result: Appeal dismissed.

Zerafa v R

Medium [2013] VSCA 42

neutral

55
 Victorian Sentencing Manual.

citation:

Date: 4/3/2013

Caution: Case deciding no point of principle

Offences & 3 x Trafficking d.o.d. (methylamphetamine, MDMA and cannabis) – 3y9m x 3; Handle
sentences: stolen goods – 6m
TES – 4y4m; NPP – 3y2m

Offending: Over the course of two months, D was the head of a group involved in distributing cannabis,
ecstasy and methylamphetamine in Melbourne and regional Victoria (3y9m x 3). B and S,
D’s co-accused, assisted him. B arranged collection and deliveries, tested drug quality,
collected debts and was a conduit for communications with S, who provided D with
methylamphetamine. In the lead up to his arrest, D had arranged for S to supply him with
methylamphetamine as a replacement for an earlier, poor quality delivery, which had to be
returned. Police intercepted S on the day delivery was due to occur, locating 148.7g of
methylamphetamine (0.6-1.2% pure), 0.2g of MDMA and various drug paraphernalia in S’s
vehicle.
A few days later, when police searched 18 locations associated with D, they found $2,840
cash, several mobile telephones and SIM cards and a tin containing 15.4g of cannabis. Police
located a lawn mower at one location. D had been given this in exchange for providing 3.5g
of methylamphetamine to a truck driver, who stole the mower from a load he was
transporting (6m).

Offender: Male, age not stated; mental and physical health issues; prior criminal history – including
some drug offences

Plea: Guilty

Guidance: Sentencing standards for drug trafficking and handle stolen goods
Factual basis for sentence – appropriate to take into account uncontested evidence of a threat,
despite offender subsequently being acquitted of charge involving the threat

Court: Harper JA and Beach AJA

Appeal result: Application for leave to appeal refused.

7.4.2 – County Court

Sentencing decisions from 1 January 2016 to 31 December 2022, arranged by severity of total effective sentence.

Click here to obtain an Excel version of this document

KEY

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 Victorian Sentencing Manual.

CQ Commercial quantity (as defined in Drugs, Poisons and Controlled

Substances Act 1981 (Vic) and Criminal Code Regulations 2002
(Cth))
LCQ Large commercial quantity (as defined in Drugs, Poisons and
Controlled Substances Act 1981 (Vic))
SQ Small quantity (as defined in Drugs, Poisons and Controlled
Substances Act 1981 (Vic))

Please note that different threshold quantities apply for trafficking methylamphetamine in a commercial and large commercial
quantity committed on or after 1 November 2017. Despite the changes in the applicable threshold quantities, meaningful
comparisons may still be made between cases to which different threshold quantities applied if attention is focused on the
threshold multiplier (expressed as a multiplier/percentage of the commercial/large commercial quantity for the drug). This
multiplier information is indicated in the summary.

Principal offence covered in this table:

 Trafficking in a drug of dependence to a child (maximum penalty: 20 years’ imprisonment)

 Trafficking in a drug of dependence (maximum penalty: 15 years’ imprisonment)

Case and Appeal Head Sentence / Individual Plea Offence

Status Orders Sentences

DPP v Obian 214 months (17 Trafficking in a drug NG Offending – O was a member of a drug syndicate.
[2020] VCC 915 years 10 months) of dependence x 3
imprisonment (15 years 10 months, O used his own cleaning company on two occasions to import 1,4-
8 years, 5 years) butanediol from overseas. The first shipment contained four drums of
NPP – 154 months 1,4-butanediol weighing 888kg inclusive of the drums. The second
(12 years 10 shipment contained 80 drums of 1,4-butanediol weighing 17,760kg
months) inclusive of the drums (8880 x CQ).
O took delivery of both shipments and arranged with other co-
offenders for the storage of the 1,4-butanediol at various locations.
When police discovered one of the offender’s storage locations, O,
CO1, CO2 and CO3 used a hire van to begin moving 1,4-butanediol
from other storage locations. Police observed the offenders
movements and later intercepted a vehicle containing CO1 and CO2
and 1,160kgs of 1,4-butanediol (580 x CQ). Police also searched two
storage locations where they respectively found 497kg and 2,626kgs
of 1,4-butanediol. In total on the third occasion O trafficked 4,283kgs
of 1,4-butanediol (2141.5 x CQ).
O sentenced on the basis that he was a principal offender.
Offender – no prior convictions, 26y male, motivated by financial
gain, youthful offender, family support, previous good character,
parity, delay, totality, impact of Covid-19, good prospects of
rehabilitation.

Lam [2016] VCC 96 months (8 Trafficking in a drug G (early) Offending - O main supplier and close associate of principal offender.
273 years) of dependence (8 O trafficked methylamphetamine over 11 months and was in
years); and possession of MDMA, cannabis, GHB and methylamphetamine.
NPP – 66 months Possession of a drug Average price of drug was approximately $8,000 per ounce. At times
(5 years and 6 of dependence (2 O was paid for drugs he supplied via TAB accounts, effectively
months) months). laundering the payment. Over $74,000 was deposited through one
TAB account alone. Significant impact on small rural community.
Use of violence, standover tactics and availability of weapons.
Deliberateness, planning, business-like indicators. O’s offending at
higher end just below principal offender. Grave example of offence.

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 Victorian Sentencing Manual.

Case and Appeal Head Sentence / Individual Plea Offence

Status Orders Sentences

Offender – Prior drug convictions, drug use, involvement for personal

use, supply for profit, high moral culpability, 51 y male, isolated time
in gaol due to lack of family in Australia, parity, totality, guarded
rehabilitation prospects.

O'Laughlin 84 months (7 Trafficking in a drug G (early) Offending – O provided false identification documents to open a
[2017] VCC 893 years) of dependence x 10 phone account, two bank accounts and a storage locker, and used the
(2 years, 18 months subsequent phone and bank account documents to lease an apartment.
NPP – 60 months x 9) These documents were in a fictitious name.
(5 years)
$3500 fines
Handling stolen  Police searched O’s storage locker, and discovered:
goods x 2 (18  0.5g of mixed ketamine
months x 2)
 0.1g of cocaine
Possessing a firearm  2 tablets or 0.9g of ethylone
(18 months)  10 tablets or less than 0.5g of methylphenidate
Dealing in the  Four firearms and assorted ammunition
proceeds of crime  Detonators, two live detonator cords and a package of plastic
(12 months) explosives
Making, using or Police searched O’s apartment and discovered:
supplying
identification  $46,535 in cash
information x 5 (6  35.2g of mixed methylamphetamine with a range of purity
months x 5) between 7% and 86% (0.07 x CQ)
Possessing  310.1g of MDMA in various forms, with a range of purity
equipment used to between 12% and 81% (0.62 x CQ)
make identification  An aggregate of 191.2g of various anabolic steroids
documentation x 2  False identification documents which included a driver’s
(6 months x 2) license and two bank cards
Possessing false  Equipment used to make identification documentation
documents (6  1,093 Xanax tablets containing 2.3g of pure alprazolam
months)  13g mixed cocaine with purity ranging from 12% to 50%
(0.03 x CQ)
Possessing
identification  799mg of mixed LSD, and totalling less than 50mg pure
information (6 (<1.0 x CQ).
months)  Unknown quantities of other drugs
 Unknown quantities of Schedule 4 poisons
Possessing a drug of
dependence x 6 (3  Weapons including ammunition, a laser pointer and a
months x 6) crossbow and arrows.
 A Victoria Police identification badge
Possess a prohibited
weapon x 5 (3 Police also discovered a stolen vehicle that O was using, with false
months x 2, 1 month registration number plates and black and white adhesive film used to
x 2, $250 fine) disguise parts of the vehicle.

Commit an O was on bail at time of offending. O also identified himself under a

indictable offence false name when police searched his house.
while on bail x 2 (3 After O was released on bail, O lived in a second apartment. Police
months, 1 month) searched O’s second apartment and discovered:
Possessing property
 29.44g of methylamphetamine (0.06 x CQ)
suspected of being
the proceeds of  991g of 1,4-butanediol (0.5 x CQ)
crime (3 months)  250mg of Diazepam
 51.5g of MDMA (0.1 x CQ)
State false name to
police (1 month)  7g of alprazolam (Xanax) tablets
 False identification documents which included five driver’s

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 Victorian Sentencing Manual.

Case and Appeal Head Sentence / Individual Plea Offence

Status Orders Sentences
licenses
Possess police
accoutrements (1  Stolen licenses, passports, identification documents and bank
month) cards
 1.21g of testosterone
Possession of  Equipment used to make identification documentation,
explosive material including blank cards for driver’s licenses
while unlicensed
($2000 fine)
 4.57g of cannabis
 8g of drostanolone (a steroid)
Possess cartridge  Weapons including 41 .22 calibre rim fire cartridges, a black
ammunition x 2 taser and a black laser, an imitation firearm.
($500 fine x 2)
 Four watches suspected of being the proceeds of crime
Possess schedule 4
Offender – on bail at time of offending, on CCO at time of offending,
poisons ($250 fine)
prior convictions for dealing and drug offences, 28y male,
dysfunctional childhood, victim of childhood family violence, drug
use, physical condition, billet, chronic adjustment disorder,
depression, anxiety, guarded prospects of rehabilitation.

Short [2016] 82 months (6 Trafficking in a drug G (early) Offending – O sourced methylamphetamine individually and with co-
VCC 512 years and 10 of dependence (6 offender and then on-sold and distributed the drug over 19 months.
months) years and 6 months); Methylamphetamine sourced at average cost of $8,000 – $8,500 per
Appeal against ounce. Ledger seized during police search outlined drug-related
sentence allowed NPP – 51 months Dealing with transactions totalling $160,000. Sophisticated business. O also
(manifest excess) (4 years and 3 property suspected outsourced cutting of drugs and organised for money laundering. O
months) of being proceeds of made preparation for eventually being imprisoned. Giretti count. O
Appeal against crime x 2 (9 months played central role as principal at apex of enterprise. Deliberateness
certain x 2); and and premeditation. Offending promoted stealing and exchange of
convictions Possession of a weapons for drugs. Use of violence to collect debts. Serious impact in
allowed prohibited weapon small rural community. Prevalence of ice. Police also located
(possession of (3 months). trafficking items, taser and numerous items suspected of being
drug of proceeds of crime such as cameras, camera packs, chainsaw, cars,
dependence and computers and evidence of $63,000 having been laundered through
possession of wagering accounts.
general category
handgun Offender – Convicted of drug offences during current offending
convictions set period, continuation of drug trafficking whilst on bail and CCO, drug
aside). use, motive said to be addiction and largely greed, support of family
and friends, 25 y female, history of bullying and self-harm,
[2016] VSCA 210 traumatised when discovered how mother died, symptoms of
summarised in depression and PTSD related to sexual assault and car bombing, work
Trafficking a drug history, courses completed in custody, cessation of drug taking and
of dependence – intention to remain drug free, remorse, totality, parity, probably good
Court of Appeal rehabilitation prospects.
recent cases

DPP v Tran 79 months (6 Trafficking in a drug G Offending – A police search of O’s apartment and car located:
[2019] VCC 1077 years 7 months) of dependence x 2
imprisonment (60 months, 30  329g of pure methylamphetamine (6.58 x CQ, 0.66 x LCQ);
months)  35g of pure MDA (0.35 x CQ, 0.05 x LCQ);
NPP – 36 months  4g of pure MDMA (0.04 x CQ);
(3 years) Possession of a drug  74g of pure heroin (1.48 x CQ, 0.15 x LCQ);
of dependence (15  104g of pure cocaine (0.42 x CQ, 0.14 x LCQ);
$300 fine months)  1.4g of Xanax;
Prohibited person in  2g of morphine;
possession of a  32.4g of cannabis;
firearm (12 months)  a handgun; and
 three magazines of ammunition and some loose ammunition.
Possessing cartridge
ammunition without Offender – prior convictions for breach, dishonesty and drug
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 Victorian Sentencing Manual.

Case and Appeal Head Sentence / Individual Plea Offence

Status Orders Sentences

a licence ($300 fine) offences, 37y male, victim of childhood sexual assault, motivated by
financial gain, motivated by drug use, good work history, remorse,
limited literacy, completion of courses, clean drug screens, father
involved in heroin trafficking, introduced to heroin at 12y, left school
during Year 8, left home at 14y, multiple attempts at detoxification,
development of insight, offending while there was an outstanding
warrant for breach of CCO, guarded prospects of rehabilitation

Quadara [2017] 76 months (6 Trafficking in a drug G Offending – On one occasion, police searched O’s house and
VCC 366 years 4 months) of dependence x 5 (2 discovered:
years x 2; 18
NPP – 48 months months; 12 months;  11 plastic bags with 294.4g of methylamphetamine,
Application for (4 years) 6 months)  two bags containing 0.8 g of cocaine with approximately
leave to appeal
21% purity and 4.3 g of cocaine with approximately 22%
against sentence $550 fine Possession of a purity respectively,
refused traffickable quantity  A plastic bag with 0.2 grams of methylamphetamine
[2017] VSCA 260 of unregistered  8.4 grams of cannabis
firearms (2 years)  $13,590 cash
Possession of a  two digital scales
tablet press (2 years)  One shotgun ammunition cartridge
 A Taser
Handling stolen
 Two receipts for two cash deposits of O’s vehicle, which
goods x 2 (18
totalled $15,195 and $1,200 respectively
months; 6 months)
In total police found 253g of methylamphetamine at 82-83% purity
Dealing with
(0.51 x CQ) and 5.1g of cocaine (mixed) (0.01 x CQ). The total
property suspected
amount of property suspected of being proceeds of crime was
of being proceeds of
$31,005, comprising $1,020 located on O, with $13,590 in the house
crime x 2 (9 months;
and the two receipts for $16,395.
6 months)
On a second occasion five months later, while O was on bail, police
Possessing a
searched O’s girlfriend’s storage facility and found:
prohibited weapon
(6 months)  six firearms of which four were operational
Possession of  a semi-automatic .22 calibre firearm and a .325 calibre rifle,
cartridge which had been stolen in separate burglaries
ammunition ($250  68.1g of MDMA (0.68 x CQ)
fine)  3.5kg Xanax (Alprazolam)
 54.9g methamphetamine (0.55 x CQ)
Possess a drug of  $26,600 in cash
dependence ($200  A mains-powered pill press
fine)  Firearms ammunition
Possessing Offender – no prior convictions, motivated by financial need, 26 y
ammunition while male, on bail at time of offending, drug use, Depressive Disorder,
unlicensed ($100 unstable childhood, family support, character references
fine)

DPP v De Luca 75 months (6 Attempting to G (early) Offending – A police search found a consignment of eight 25L plastic
[2022] VCC 703 years 3 months) traffick a drug of drums which contained 200.2 kg of 1,4-butanediol (100.1 x CQ).
imprisonment dependence (3 years Substitution and controlled delivery occurred. The delivery was
Sentence appeal 6 months) received by a CO, who called O. After the delivery was unloaded, CO
dismissed NPP – 51 months delivered the consignment to O’s address. O used a stolen vehicle to
(4 years 3 months) Prohibited person in move the boxes to another address. When police intercepted O’s
[2023] VSCA 44 possession of a
18 months (1 year stolen vehicle, O collided with a stranger V’s vehicle. V suffered
summarised in firearm (2 years 6 fractured ribs and thumb, and his vehicle was written off. At the time
6 months) licence months)
Trafficking in a disqualification of the collision, O was unlicensed and was under the influence of
drug of Knowingly deal with methylamphetamine.
dependence – $750 fine proceeds of crime
Court of Appeal On arrest, O was found with a small bag of methylamphetamine. His
(18 months) car contained a loaded semi-automatic pistol, four mobile phones,
recent cases
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 Victorian Sentencing Manual.

Case and Appeal Head Sentence / Individual Plea Offence

Status Orders Sentences

Theft (12 months) $6,655 cash, methylamphetamine, multiple cloned number plates, a
money counter and a vacuum sealer.
Driving in a
dangerous manner O’s house contained digital scales, two bags of methylamphetamine,
(12 months) and a phone box. In total 26.1g of methylamphetamine (0.1 x CQ,
0.03 x LCQ) was seized.
Trafficking in a drug
of dependence (9 Offender – prior convictions for breach, driving, drug, property and
months) weapons offences, 33y male, on drug treatment order at time of
offending, mental health issues, borderline personality disorder, drug
Unlicensed driving abuse disorder, drug use, family support, character references, parity,
(6 months) delay, remorse, rehabilitation programs, completion of courses, letter
Driving while under to court, impact of Covid-19, guarded prospects of rehabilitation.
the influence of a
drug of dependence
($750 fine)

DPP v Interlandi 69 months (5 Trafficking in a drug G (early) Offending – Over approximately seven months, BI supplied cocaine
[2021] VCC 666 years 9 months) of dependence (5 to drug runners AB and MDO. AB and MDO used phones supplied
imprisonment years) by BI to communicate with and supply cocaine to customers. BI also
Offender 1 (BI) supplied AB and MDO with vehicles they could use to make the
NPP – 33 months Obtaining a financial cocaine sales to customers. All three offenders used false names
Appeal against (2 years 9 months) advantage by
sentence allowed during their offending and were under police surveillance.
deception (2 years)
$5000 fine BI also used false identities to arrange for the hire of multiple storage
[2022] VSCA 55 Knowingly dealing units and an office at which he stored the cocaine. MDO and AB on
summarised in with proceeds of several occasions went to the storage unit to retrieve cocaine for
Trafficking in a crime (1 year) customers. On two occasions, BI paid the rent for the storage units,
drug of Possession of a drug while AB paid the rent on one occasion. On some occasions MDO
dependence – of dependence (6 also paid the rent for a storage unit.
Court of Appeal months)
recent cases A police search of BI’s home, rental office and storage units located
Committing an an unspecified amount of Xanax, $11,330 cash and 376.6g of cocaine
indictable offence (0.75 x CQ, 0.38 x LCQ), of which between 248.7g and 322.6g was
while on bail x 2 (1 pure. BI was on bail at the time of the drug offending. BI breached
month x 2) his conditions of bail by offending and by not residing at the premises
listed in his bail conditions.
Contravention of a
conduct condition of BI sentenced on the basis that he organised and controlled the
bail (14 days) sophisticated drug operation.

Obtaining a financial Separately, BI started a vending machine business with friends F1

advantage by and F2, through which BI used a finance company V1 to lease 36
deception; and vending machines. When BI’s vending machine business ran into
financial trouble BI falsely purported to sell a vending machine
Using a false company V2 29 of his vending machines. BI did not own the vending
document (aggregate machines and had no authority to sell them to V2. V2 paid BI
sentence - $5,000 $201,500 for the purported purchase of the 29 vending machines.
fine) BI’s deceit caused V1 a loss of $99,056.
Separately while on bail, BI over two months knowingly allowed his
accountant CO to falsely represent to the ATO that BI worked for CO
and was paid an income by CO. In doing so CO paid BI $709.59
gross per week and lodged false pay slips with the ATO. BI would
then pay CO the $709.59 in cash each week. Over the two months
CO and BI obtained $7,095.90 in this manner.
Offender – no prior convictions, 34y male, mental health issues,
depression, anxiety, low self-esteem, adjustment disorder, insomnia,
suicidal ideation, family support, character references, good work
history, totality, remorse, rehabilitation programs, completion of
courses, clean drug screens, letter to court, Renzella time, declared

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bankrupt following offending, impact of Covid-19, good prospects of

rehabilitation.

DPP v Piscopo 64 months (5 Trafficking in a drug G (early) Offending – A police search of O’s premises located:
[2021] VCC 698 years 4 months) of dependence (3
imprisonment years)  62.3g of methylamphetamine (0.25 x CQ, 0.08 x LCQ) of
which 50g was pure (1.00 x CQ, 0.10 x LCQ);
NPP – 46 months Possession of a  a stolen loaded sawn-off shotgun, a stolen air riffle, a loaded
(3 years 10 traffickable quantity homemade pistol, and three other riffles, one of which was
months) of firearms (2 years also stolen;
6 months)  10 stolen power tools;
$200 fine
Handling stolen  129 cartridges of various sizes; and
goods (16 months)  $5,000 cash and a motorcycle suspected of being proceeds of
crime.
Dealing with
property suspected Offender – prior convictions for breach, dishonesty, drug, property,
of being the weapons and violence offences, subsequent offending for drug and
proceeds of crime financial offences, 39y male, mental health issues, anxiety,
(10 months) depression, polysubstance abuse disorder, drug use, family support,
character references, good work history, totality, admissions to
Possession of police, some prospects of rehabilitation.
cartridge
ammunition without
a licence ($200 fine)

Van Nguyen 64 months (5 Trafficking in a drug G (early) Offending – Police executed search warrant at O’s premises and
[2016] VCC 197 years and 4 of dependence x 4 (4 located a number of men in a bungalow using drugs. 157 g of heroin,
months) years; 3 years x 2; 2 16.4 g of methylamphetamine and tablet press were also located. O
years); and rented rooms to associates in which they could use drugs. 5 months
NPP – 42 months Possession of later another search warrant was executed at O’s premises and police
(3 years and 6 equipment for located O and 4 other people, 125.2 g of heroin (0.25 x CQ), 55 g of
months) trafficking in a drug methylamphetamine (0.11 x CQ), drug trafficking paraphernalia and
of dependence (9 $30,000 in cash. Premises were monitored by elaborate CCTV
months). system that showed high volume of people attending premises and
staying for short periods of time. Commercial operation.
Offender – Prior drug convictions, on CCO, on bail during execution
of second search warrant, drug use, 47 y male, support of wife, sole
income earner for family, difficult remand due to lockdown
conditions and infrequent family visits, remorse, co-operation,
admissions of other conduct, totality, bleak rehabilitation prospects.

DPP v Dang 62 months (5 Trafficking in a drug G (early) Offending – Intercepted conversations revealed that O2 was
[2022] VCC 2315 years 2 months) of dependence x 2 (4 purchasing and selling drugs for re-sale with CO. Police subsequently
imprisonment years, 6 months) searched two properties connected to O1 and O2.
Offender 2
NPP – 40 months Trafficking in a At the first house, police located a hydroponic set up and electrical
(3 years 4 months) commercial quantity bypass containing 8 cannabis plants weighing 1.32kg, and bags of
of a drug of dried cannabis weighing 13.20kg (0.58 x CQ, 0.06 x LCQ). Police
$500 fine dependence (2 years) also located:
Possession of an  an unregistered handgun;
unregistered firearm  loose ammunition;
(1 year)  19.1g of psilocybin;
Storing a firearm in  83.3g of ketamine; and
an unsecure manner  5.6g of methamphetamine.
(6 months) Police also located exercise books containing notes of drug
Dealing with transactions and a cash counter.
property suspected At the second property, where O1 and O2 were residing, police
of being the located another hydroponic setup and electrical bypass containing 59
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proceeds of crime (3 cannabis plants and seedlings weighing a total of 26.24kg (1.05 x
months) CQ, 0.1 x LCQ). Police also located:
Failing to comply  0.5g of cocaine;
with an information  43.47kg of dried cannabis (1.74 x CQ, 0.17 x LCQ); and
warrant (3 months)  $84,003.25 cash suspected of being the proceeds of crime.
Possession of a drug
O1 and O2 were trafficking in the cannabis that O1 was cultivating at
of dependence x 2 (2
the premises. O2 subsequently refused to provide police with his
months x 2)
phone password.
Possession of
Offender 2 – no prior convictions, imprisonment Verdins, 32y male,
cartridge
adherence to bail conditions, mental health issues, adjustment
ammunition ($500
fine) disorder, drug use, family support, character references, good work
history, totality, remorse, limited English skills, clean drug screens,
likelihood of deportation, impact of Covid-19, very good prospects of
rehabilitation.

DPP v Henderson 60 months (5 Trafficking in a drug G (early) Offending – A police raid of O’s premises located 2,084 ecstasy or
[2021] VCC 652 years) of dependence (42 MDMA tablets of 31-34% purity. In total the tablets consisted of
imprisonment months) 581.9g of MDMA (1.16 x CQ, 0.58 x LCQ).
NPP – 42 months Discharging a Separately 20 months later, O went to the home of his girlfriend G’s
(3 years 6 months) firearm (42 months) client V. G was a sex worker. O parked outside and waited in the car
$2200 fine Prohibited person in while G went into V’s unit. When an argument between G and V
possession of a occurred over payment, O went to the front door carrying a pistol. O
firearm (18 months) banged on the door for 10 minutes, and then fired one shot through
the glass panelling of the door, hitting V in the right leg. O and G
Driving while
then drove away. At the time of this offending O was suspended from
suspended ($1500
fine) driving and failed to comply with pandemic stay-at-home directions.

Failing to comply Offender – prior convictions for stalking and street offences, prior
with stay at home offending for drug offences, 30y male, difficult childhood, mental
directions of an health issues, personality disorder, gambling issues, alcohol and drug
authorised officer use, good work history, completion of courses, billet.
($700 fine)

DPP v Donnes 60 months (5 Trafficking in a drug G (early) Offending – O sold an undercover police operative PCO 7.1g of
[2021] VCC 1662 years) of dependence heroin (0.03 x CQ, 0.01 x LCQ) for $3,500. O was later observed
imprisonment (rolled-up) x 3 (3 going to a rented storage locker. A subsequent police search of O’s
Sentence appeal years 3 months, 2 home and the storage locker located:
dismissed NPP – 42 months years 6 months, 2
(3 years 6 months) years)  57.3g of mixed heroin (0.23 x CQ, 0.08 x LCQ);
[2022] VSCA 132
 1,799.2g of 1,4-butanediol (0.89 x CQ, 0.09 x LCQ);
$1000 fine Possession of a drug  118.5g of mixed methylamphetamine (0.47 x CQ, 0.15 x
of dependence x 4 (6 LCQ);
months x 2, 3  2.0g of mixed cocaine;
months, 1 month)  2.5g of mixed MDMA;
Dealing with  less than 50g cannabis;
property suspected  unspecified amounts of lorazepam, diazepam, oxycodone,
of being the amphetamine, alprazolam;
proceeds of crime (3  several Schedule 4 poisons;
months)  two counterfeit $50 notes;
 $21,030 cash suspected of being proceeds of crime; and
Knowingly
possessing  a USB stick containing identity information of another
identification person.
information of O was sentenced on the basis that he had been engaged in the
another person (1 business of drug trafficking for ‘some months’ for financial reward.

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month) Offender – prior convictions for breach, dishonesty, driving, drug and
similar offences, 35y male, motivated by financial gain, increased
Knowingly
possessing custodial burden, polysubstance abuse disorder, alcohol and drug use,
counterfeit money remorse, completion of courses, impact of Covid-19, cautious
($500 fine) prospects of rehabilitation.

Unauthorised
possession of a
schedule 4 poison
($500 fine).

DPP v Bui [2021] 60 months (5 Trafficking in a drug G Offending – A police search of O’s car located several bags
VCC 102 years) of dependence x 3 (4 containing unspecified illicit substances, a set of keys and $1,245
imprisonment years 6 months x 3) cash which was suspected of being proceeds of crime.
NPP – 42 months Possession of a A subsequent police search of O’s premises located:
(3 years 6 months) precursor chemical
(12 months)  255.6g of heroin (1.02 x CQ, 0.34 x LCQ) of which 200g
was pure;
Dealing with  25.9g of methamphetamine (0.1 x CQ, 0.03 x LCQ);
property suspected  56.5g of cocaine (0.11 x CQ, 0.06 x LCQ) of which 32g was
of being the pure;
proceeds of crime (4  480.3g of the precursor chemical iodine; and
months)  a bottle of acetone; and
 $140,000 cash suspected of being proceeds of crime.
Offender – prior convictions for breach, drug, dishonesty, property,
weapons and violence offences, 42y male, difficult childhood, mental
health issues, depression, anxiety, drug use, community involvement,
completion of courses, position of responsibility in prison, impact of
Covid-19.

Nguyen [2017] 60 months (5 Trafficking in a drug G (early) Offending – O had arrived at his house during a police search of the
VCC 1136 years) of dependence x 2 (4 premises. Police searched O and his house and discovered 26.1g of
years 6 months, 4 methylamphetamine (0.05 x CQ) and 196.39g of heroin (0.39 x CQ),
NPP – 38 months years) as well as $6,485 in cash suspected of being the proceeds of crime
(3 years 2 months)
Dealing with Offender – motivated by financial need, on parole at time of
property suspected offending, prior conviction for drug offences, 52 y male
of being proceeds of
crime (6 months)

Sun [2016] VCC 58 months (4 Trafficking in a drug G Offending - All offending occurred on single day. O discovered
1952 years and 10 of dependence (3 asleep in hotel room which O and three others had checked into the
months) years and 6 months); previous day. Drugs and firearms in the room. Search revealed 204.7
g of methylamphetamine (176 g pure – 1.76 x CQ; 0.23 x LCQ), a
NPP – 28 months Prohibited person in semi-automatic pistol, tablets of Alprazolam, bag with $2,700,
(2 years and 4 possession of a mobile phones, computers and keys. Not proven O aware there was a
months) firearm (2 years); real or substantial risk amount of methylamphetamine exceeded
Negligently dealing commercial quantity.
with proceeds of Offender – Prior drug convictions, 28 y male, support of family,
crime (12 months); wasted last nine years partying on drugs, previous non-compliance
Possession of a drug with community-based orders, recently discovered fathered a child
of dependence (3 who is 6 m old and wishes to be part of her life.
months); and
Possession of a
controlled weapon,
or prohibited
weapon (3 months).
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DPP v Fantig 56 months (4 Trafficking in a drug G Offending – Over approximately six months, O was involved in an
[2019] VCC 790 years 8 months) of dependence x 3 (3 enterprise for selling drugs of dependence and firearms.
imprisonment years x 3)
Police telephone intercepts revealed that during three months of this
NPP – 36 months Prohibited person period, O:
(3 years) possess firearm x 6
(12 months x 6)  discussed and described travelling to collect
methylamphetamine, as well as discussing selling various
Committing an amounts of methylamphetamine.
indictable offence  purchased 1,4-Butanediol from unspecified sellers and
while on bail (30 divided it into smaller containers for sale.
days)  obtained cannabis from unknown sources and on-sold it to
customers.
Over approximately four days, O took possession of four stolen
shotguns, two stolen rifles and 1,750 shotgun shells which he sold to
other unspecified customers. O was a prohibited person at the time of
offending as he was the named person in an intervention order.
O sentenced on the basis that he was the principal operator of the
drug trafficking enterprise.
Offender – prior convictions for driving and drug offences, prior
offending for drug offences, 40y male, drug use, character references,
good work history, totality, first time in adult custody, clean drug
screens, gap in offending, good prospects of rehabilitation.

DPP v Schmidt 56 months (4 Trafficking in a drug G (early) Offending – O met with a cover police operative PCO1 and discussed
[2020] VCC 660 years 8 months) of dependence (2 the sale of two stolen luxury cars for $5,000 and $3,000 each. O also
imprisonment years 6 months) discussed being able to supply drugs to PCO1. PCO1 then requested
a sample from O. O directed PCO1 to an address where O after
NPP – 28 months Possession of a entering the address returned to PCO1’s car and gave PCO1 0.5g of
(2 years 4 months) trafficable quantity methylamphetamine and 0.5g of cocaine in exchange for $300. As
of unregistered PCO1 then drove O home they discussed the possibility of O supply
firearms (2 years 6 PCO1 with firearms.
months)
Nine days later, O sold PCO1 7.1g of methylamphetamine (0.03 x
Handling stolen CQ, 0.01 x LCQ) for $1,000.
goods (2 years 3
months) Five days later, O sold PCO1 14g of methylamphetamine (0.06 x CQ,
0.02 x LCQ) for $2,000 and a stolen watch for $750.
Dealing with
property suspected Approximately two weeks later, O sold PCO1 55.6g of cannabis and
of being proceeds of 28g of 86% pure methylamphetamine (0.11 x CQ, 0.04 x LCQ). At
crime (1 month) their exchange, O was driving a stolen car and another undercover
police operative PCO2 was present. PCO2 asked O about purchasing
Possessing cartridge firearms. O told PCO2 he didn’t have any firearms at the time.
ammunition
(convicted and Approximately one and half months later, O met PCO2 to discuss the
discharged) sale of firearms. After their meeting on the way back to O’s, O
stopped to purchase 14g of 84% pure methylamphetamine (0.06 x
CQ, 0.02 x LCQ) which he on-sold it to PCO2 for $2,000.
On two occasions over one month, O sold PCO2’s acquaintance
PCO3 two stolen cars for $5,000 each. On each occasion the stolen
cars were delivered to PCO3 by CO1.
Two weeks later, O, CO2, and CO3 showed PCO2 an assault rifle in
the boot of a stolen car. The following week the offenders sold the
assault rifle along with ammunition to PCO2 for $18,000.
A few days later, O contacted PCO2 and sold him a stolen vehicle
and a sawn-off shotgun for $8,000 and $4,000 respectively.

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Offender – prior convictions for breach, dishonesty, drug and similar

offences, 22y male, difficult childhood, depression, anxiety, drug use,
youthful offender, family support, character references, totality, first
time in adult custody, victim of assault in custody, physical condition,
letter to court, lockdown, high risk of re-offending, impact of
COVID-19.

Patris [2017] 54 months (4 Trafficking in a drug G Offending – O was involved in trafficking methylamphetamine with
VCC 1659 years 6 months) of dependence (4 multiple co-offenders over one year. O had stored items at a co-
(18 months years) offender’s house with another two employed to store and prepare
cumulative on methylamphetamine for sale.
sentence O Possessing an
currently serving) unregistered general Police searched the house and discovered 764.9g of
category handgun methylamphetamine (1.53 x CQ, 0.76 x LCQ) hidden in different
New NPP – 54 (12 months) locations, drug paraphernalia, and an air powered pistol.
months (4 years 6
months) Dealing with Police also discovered $10,850 in cash in O’s possession and house
property suspected after searching him some time later for unrelated offending. O had
of being proceeds of also purchased four vehicles in cash during that time.
crime (rolled-up) x 2
(9 months, 6 Charged with trafficking by possession on a single day with 764.9g
months) of methylamphetamine. Could not prove beyond reasonable doubt
that O knew that the amounts were commercial quantity.
Offender – prior offending, subsequent convictions, 48 y male, high
moral culpability, carer for family, separation from family and
anxiety leading to increased custodial burden, good work practice,
totality, delay.

DPP v Elsayed 54 months (4 Incitement to G Offending – EO, and JH were part of a drug syndicate which was
[2019] VCC 1305 years 6 months) traffick in a drug of under police surveillance. AH was a customer of EO and JH.
imprisonment dependence
Offender 2 (AH) Over approximately three months, police intercepted more than 300
NPP – 33 months drug related telephone calls and texts between the offenders.
Offender 3 (2 years 9 months)
summarised in JH over five occasions sold at least 928g of methylamphetamine
Trafficking in a (3.71 x CQ, 1.24 x LCQ) to AH. EO was aware of these transactions
commercial from text messages and intercepted phone calls.
quantity of a drug
of dependence AH encouraged JH to supply him with 588g of methylamphetamine
(2.35 x CQ, 0.78 x LCQ) over the course of five transactions in
exchange for $108,000.
Offender 2 – no prior convictions, 43y male, increased custodial
burden, drug use, good work history, previous good character, delay,
completion of courses, clean drug screens, good prospects of
rehabilitation.

DPP v Diler 54 months (4 Trafficking in a drug G (early) Offending – O acted as a middleman and arranged for the sale of an
[2019] VCC 1460 years 6 months) of dependence (3 unregistered sawn-off shotgun that was later used in seriously violent
imprisonment years) offending.
Sentence appeal
dismissed NPP – 24 months Carrying on a While on remand on unrelated charges, O’s mobile phone was seized
(2 years) business of dealing and forensically examined. It revealed evidence that O had trafficked
[2019] VSCA 271 in firearms (2 years) methylamphetamine over a four month period.
$500 fine
Being a prohibited A search warrant was also executed at O’s home where police found
person possessing a cartridge ammunition and knuckledusters. O did not hold a firearms
firearm (18 months) dealer’s licence, was not otherwise authorised to possess, carry, or
use cartridge ammunition, and was a prohibited person owing to a
Possess prohibited 2015 conviction.
controlled weapon
(6 months) Serious offending, high moral culpability given prior criminal
history.
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Commit an Offender – prior convictions for breach, driving, drug and similar
indictable offence offences, subsequent convictions for breach, dishonesty, driving, drug
while on bail (1 and similar offences, 27y male, on CCO at time of offending, on bail
month) at time of offending, drug use, family support, delay, remorse,
completion of courses, clean drug screens, reasonable prospects of
Possess cartridge rehabilitation.
ammunition while
unlicenced ($500
fine)

DPP v Zarb 51 months (4 Trafficking in a drug G Offending – O was arrested during the execution of a search warrant.
[2019] VCC 493 years 3 months) of dependence (3 At the time of arrest O in breach of a non-association condition on a
imprisonment years 6 months) CCO was in the presence of co-offenders.
NPP – 27 months Possession of The police search located 67g of methylamphetamine (0.27 x CQ,
(2 years 3 months) property reasonably 0.09 x LCQ), accoutrements of trafficking, five cannabis plants, 9-10
suspected of being stolen watches and a great deal more unspecified stolen property, as
$800 fine the proceeds of well as ammunition.
crime (18 months)
Offender – prior convictions for breach, dishonesty, violence and
Handling stolen similar offences, 41y male, on CCO at time of offending, drug use,
goods (6 months) family support, completion of courses, cloudy prospects of
rehabilitation.
Cultivation of a
narcotic plant (4
months)
Committing an
indictable offence
while on bail (1
month)
Contravening a
condition of bail (1
month)
Possessing cartridge
ammunition without
licence or exemption
($800 fine)

DPP v Taouk 50 months (4 Trafficking in a drug G (early) Offending – O caught as part of investigation into CO’s trafficking
[2019] VCC 582 years 2 months) of dependence (4 activities. O was involved in distributing cannabis to and from CO
imprisonment years) with others. O on-sold 32kg of cannabis (1.28 x CQ, 0.13 x LCQ) he
had purchased. During arrest cash was found in O’s car and home.
NPP – 36 months Negligently dealing
(3 years) with proceeds of Serious offending, sophisticated enterprise, key role, Giretti
crime (6 months) trafficking, upper end of range.
Offender – prior convictions for dishonesty, driving and drug
offences, 55y male, difficult childhood, motivated by financial gain,
anxiety, increased custodial burden, drug use, parity, delay,
completion of courses, risk of re-offending, high culpability, parity,
job waiting, problematic prospects of rehabilitation.

DPP v Cao [2021] 50 months (4 Trafficking in a drug G (early) Offending – O was intercepted by police while riding an unregistered
VCC 1044 years 2 months) of dependence x 2 (3 motorcycle. A police search of O’s satchel located six Ziploc bags of
imprisonment years 6 months, 18 methylamphetamine each weighing 27g and $9,466.55 cash.
months)
NPP – 28 months A subsequent police search of O’s premises located:
(2 years 4 months) Possession of
trafficable quantity  five unregistered firearms consisting of two pistols, a
$3250 fine of firearms (2 years) shotgun, a rifle and a revolver;

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 various firearm parts;
Dealing with
property suspected  a handgun holster;
of being the  various rounds of ammunition;
proceeds of crime  a pair of knuckledusters;
($1,500 fine)  27.7g of heroin (0.11 x CQ, 0.04 x LCQ); and
Possession of  0.5g of methylamphetamine; and
cartridge  28g of methylamphetamine (0.11 x CQ, 0.04 x LCQ).
ammunition ($1,000
O sentenced on the basis that he had 192.5g of methylamphetamine
fine)
(0.77 x CQ, 0.26 x LCQ) for trafficking purposes.
Possession of a
prohibited weapon Offender – no prior convictions, prior offending for violence
($750 fine) offences, 32y male, victim of childhood family violence, motivated
by financial gain, mental health issues, gambling use disorder,
Possession of a drug stimulant use disorder, alcohol and drug use, physical health
of dependence condition, brain surgery, heart-attack, back injury, drug overdoses,
(proven and family support, remorse, rehabilitation programs, completion of
dismissed) courses, billet, letter to court, impact of Covid-19, good prospects of
rehabilitation.

DPP v Mueller 48.69 months (4 Trafficking in a drug G (early) Offending – O and her partner CO were the subject of a police
[2018] VCC 2191 years 21 days) of dependence x 3 (3 investigation for suspected drug trafficking.
imprisonment years, 2 years, 12
months) A police search of O’s premises located:
NPP – 24 months
(2 years) Possessing a drug of  2,048.5g of butanediol (1.02 x CQ);
dependence x 2 (6  27.1g of methylamphetamine (0.11 x CQ, 0.04 x LCQ);
$50 fine months x 2)  58.4g of cannabis;
 81 strips of prescription medication containing
Dealing with buprenorphine;
property suspected  an unspecified amount of testosterone;
of being proceeds of  a shotgun cartridge;
crime (6 months)
 a compound bow and arrows; and
Possessing a  two laptops, a tablet and driver’s license not belonging to O
controlled weapon and $3,450 cash all suspected of being proceeds of crime.
(3 months)
O was on bail at the time of offending. O also refused to supply the
Failing to comply passcodes to her mobile phones when directed to by police.
with a direction (2
Offender – prior convictions for breach, dishonesty, driving, drug and
months)
violence offences, 36y female, victim of family violence, victim of
Committing an childhood family violence, on bail at time of offending, mental health
indictable offence issues, depression, anxiety, PTSD, alcohol and drug use,
while on bail (1 homelessness, family support, character references, remorse,
month) rehabilitation programs, completion of courses, clean drug screens.
Possessing of
cartridge
ammunition ($50
fine)

Koutsogiannakis 48 months (4 Trafficking in a drug G (early) Offending – Police searched O’s premises and located:
[2018] VCC 471 years) of dependence (3
imprisonment years);  180.7g of methylamphetamine of 53-87% purity (0.72 x CQ,
0.24 x LCQ), total quantity of pure methylamphetamine was
NPP – 32 months Possession of a drug approximately 152g.
(2 years 8 months) of dependence (3  211g of 1,4-butanediol (0.11 x CQ).
months);
$500 fine  A total of $400,199.45 cash, from two separate safes.
Prohibited person  two swords,
possess firearm x 2  a loaded Browning 12 gauge sawn off shotgun, a loaded
(12 months, 6
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silver Webley Patents Mark 1 revolver, one loaded Bruni
months); Model P4 handgun, and various types of ammunition.
Negligently dealing Offender – prior convictions for firearms offences, 50y male,
with the proceeds of depression, breakdown of marriage, drug use, character references,
crime (3 months); remorse, rehabilitation programs, reasonably good prospects of
and rehabilitation.
Prohibited person
possess imitation
firearm (1 month)
Deal with property
reasonably suspected
of being proceeds of
crime (12 months);
Dealing with
property suspected
of being the
proceeds of crime (3
months);
Possession of a
prohibited weapon
(1 month); and
Possession of
cartridge
ammunition ($500
fine)

DPP v Gioffre 48 months (4 Trafficking in a drug G (early) Offending – Police intercepted O near his home and found 704g of
[2019] VCC 473 years) of dependence (4 80% pure methylamphetamine (2.82 x CQ, 0.94 x LCQ), smaller
imprisonment years) resale bags, and digital scales.
Sentence appeal
dismissed NPP – 30 months Possession of a drug A subsequent search of O’s home revealed 84g of cannabis, not for
(2 years 6 months) of dependence (3 trafficking.
[2020] VSCA 177 months)
Offender – prior convictions for drug, property, weapons offences,
summarised in 32y male, difficult childhood, alcohol use, drug use, guarded
Trafficking in a prospects of rehabilitation.
drug of
dependence –
Court of Appeal
recent cases

Agbayani [2017] 48 months (4 Trafficking in a drug G (early) Offending – O was a medium-level trafficker involved in a drug
VCC 723 years) of dependence x 2 (3 trafficking network. Police detected O making phone calls for eleven
years x 2) transactions for the sale of heroin and methylamphetamine, where O
NPP – 30 months would contact his supplier to order specific quantities of drugs with
(2 years 6 months) cash supplied from the receivers. Police also intercepted O and a co-
offender with small bags of methylamphetamine mixture and heroin
mixture.
Over 6 months, O trafficked 203g of heroin) (0.41 x CQ) and 252g of
methylamphetamine (0.5 x CQ).
Offender – motivated to support drug habit, prior convictions for drug
offences, 43 y male, drug use.

Beattie [2016] 48 months (4 Trafficking in a drug G (early) Offending – V purchased drugs on credit from O and became
VCC 1871 years) of dependence (3 indebted to the value of $800. O and co-offender drove to V’s house
years); to collect the debt. O produced a small revolver, demanded money,
NPP – 30 months put ammunition into the gun (confirming V’s belief it was real),
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(3 years and 6 Extortion (3 years); threatened V by pointing the gun at him and pulling the trigger (at
months) one stage holding the gun near V’s head, and then moving it to his
Intentionally causing knee and pulling the trigger – O taped this part of his conduct on his
$250 fine injury (12 months); phone, and V is shown crying at this stage). O’s co-offender ran a
Prohibited person box-cutter up and down V’s leg and down his face. O’s co-offender
possessing a firearm punched V to face and ribs, knocking V of chair on three occasions.
(6 months); and O intervened and told co-offender V had had enough. V pleaded to be
allowed to contact mother to obtain money, and after did so mother
Possession of a drug delivered $600 to prearranged spot. V then fled with mother. When
of dependence ($250 police searched O’s premises, they located 43.87 g of
fine). methylamphetamine, 3.8 g of cannabis (SQ), $10,500 in cash, 7
rounds of ammunition and 2 mobile phones. Tools suspected of being
proceeds of crime were found in O’s shed. Profound impact on
victim.
Offender – Prior drug convictions (no violence convictions), 25 y
male, IQ of 67, alcohol, cannabis and methylamphetamine abuse,
suffered large number of family bereavements in recent years,
including attending hospital while in custody and having to take
responsibility for turning off mother’s life support systems, chaos in
personal life, two young daughters, Koori court, guarded prospects
for rehabilitation that would be greatly enhanced if ceased using
drugs.

Peterson & 48 months (4 Trafficking in a drug G (early) Offending – Os and others were involved in joint criminal enterprise
Dislakis [2016] years) of dependence (4 that manufactured and trafficked methylamphetamine. O1 was the
VCC 1092 years); and cook, manufacturing methylamphetamine in clandestine laboratory.
NPP – 33 months Possession of a O2 was actively and regularly involved in selling
Offender 1 (2 years and 9 prescribed precursor methylamphetamine, collecting and depositing proceeds of drug sales
months) chemical (6 months). and brokering arrangements for purchasing pseudoephedrine. Crucial
roles. Mixture located in lab that weighed 123.9 g and contained
approximately 42.33 g of methylamphetamine (0.42 x CQ).
Significant amount of methylamphetamine. Enterprise was designed
to be ongoing, not just limited to already-made methylamphetamine.
Ongoing offending over four weeks that was ended by police
intervention. Relatively serious example of trafficking. Lab also
contained 84.8 g of pseudoephedrine.
Offender 1 - Prior drug convictions, past breaches of court orders, 43
y male, motive said to be financial reward and drug use, work history,
past court orders contained offending behaviour and drug and alcohol
treatment conditions, undeterred by previous experience in custody,
completion of courses in custody, some remorse, fair rehabilitation
prospects.

McKenzie; Cahir 48 months (4 Trafficking in a drug G (early) Offending – O2 was a mid-level member of a drug syndicate.
[2017] VCC 1029 years) of dependence (4
years) O2 was involved in renting a property at which drugs were
Offender 2 NPP – 24 months manufactured, assisting O1 in trafficking and manufacturing, and had
(2 years) Possession of a drug received money and drugs as payment.
Offender 1 of dependence x 2 (6
located in Federal months x 2) Police searched O2’s home address and discovered 557.5g of
Drug Offences MDMA, of which 153.7g was pure (1.5 x CQ, 0.2 x LCQ), as well as
and Trafficking in 7.5g of Mescaline and a small amount of Cannabis for personal use.
a Large
Commercial Offender 2 – motivated to support drug habit, prior convictions for
Quantity of a drug offences, 48 y male, drug use, anxiety, depression, delay, family
Drug of support, reasonably good of rehabilitation, moral culpability reduced
Dependence due to drug habit.

Collins [2016] 48 months (4 Trafficking in a drug G Offending – O1 and her son (O2) were street vendors of heroin over 5
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VCC 234 years) of dependence x 2 (4 months. Heroin obtained from Sydney by co-offender and on-sold to
years; 6 months); O1 and O2 by another co-offender. Approximately 1,414 g (1.41 x
Offender 2 NPP – 17 months and LCQ) purchased from co-offender (purchase price of $180,000). O2
Offender 1 (1 year and 5 Breach of family directly involved with 686 g (1.37 x CQ, 0.69 x LCQ) representing a
located in months) violence intervention purchase price of $90,000. Difficult to ascertain the amounts that
Trafficking a drug order (1 month). were on-sold by O1 and O2. Drugs purchased for Os’ own purposes
of dependence and to be sold. O2 also trafficked alprazolam. O2 breached family
violence protection order as protected person present when O2
arrested.
Offender 2 – Prior drug convictions, 41 y male, desire to care for his
2 young children, parity.

Nguyen [2017] 47 months’ (3 Trafficking in a drug G Offending - O and her co-offender were selling drugs from O’s
VCC 10 years and 11 of dependence x 2 (3 premises for at least three months. O was involved in preparing the
months) years; 2 years and 4 street-level drugs from larger purer amounts. Police searched her
imprisonment months); house and found 303g of heroin (0.61 x CQ) prepared in bags for
street sales, and 44.9 g of methylamphetamine (CQ x 0.09). Police
NPP – 35 months Possession of also found a stun-gun, a baton, a knife and $23,000 which were the
(2 years and 11 proceeds of crime (6 proceeds of crime.
months) months);
Offender – Prior drug convictions, past breaches of court orders,
Possession of a motivated to support drug habits, 26 y female, early addiction to
prohibited weapon heroin, florid psychosis complicated by methylamphetamine use, on
(4 months); and CISP program, dim chances of rehabilitation.
Possession of a
controlled weapon
(3 months)

DPP v Kelly (a 46 months (3 Trafficking in a drug G Offending – After engaging in consensual intimacy, O took photos of
pseudonym) years 10 months) of dependence x 3 V’s ID cards and about $70 from her wallet.
[2022] VCC 1133 imprisonment - (aggregate sentence -
immediate release 24 months) Separately, O opened the gate to a caravan business and towed a
onto Drug camper trailer away. O returned and towed away another camper
Alcohol Possession of a trailer.
Treatment Order loaded firearm in a
public place; Later upon arrest a police search of the stolen vehicle O was driving,
for 46 months (3 it’s trailer, and O’s person located:
years 10 months) Being a prohibited
 38.2g of methylamphetamine (0.15 x CQ, 0.05 x LCQ);
5.26 months (160 person in possession  52.5g of pentylone (0.11 x CQ, 0.05 x LCQ);
days) of imitation firearm
(rolled-up); and  278.3g of MDMA (0.56 x CQ, 0.28 x LCQ);
imprisonment
(time served)  226.9g of cannabis (0.01 x CQ);
Possession of a
traffickable quantity  0.4g of cocaine;
of firearms  47.1g of 1,4-butanediol (0.02 x CQ);
(aggregate sentence -  1.4g of amphetamine;
23 months)  $11,240 cash;
Theft x 2 (10  an access card not belonging to O;
months, 6 months)  an ice pipe;
 a loaded sawn-off shotgun with two shells;
Possession of a drug
 an automatic firearm;
of dependence x 4
(aggregate sentence -  a shotgun;
8 months)  various gas-powered firearms;
 seven 8mm Gel Ball calibre guns;
Intentionally
destroying property  a 12-gauge single barrel shotgun;
(5 months)  a 6mm calibre air pistol;
 a .22 long rifle;
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Dealing with  a sawn-off .22 calibre rifle;

property suspected  a homemade receiver;
of being the  a homemade firearm;
proceeds of crime
 magazines; and
(100 days)
 a sawn-off .22 calibre rifle.
Possession of
unexplained Separately, O while in police custody broke an interview disc into
personal property little pieces when left alone in an interview room.
(100 days) O was on bail at the time of offending.
Committing an Offender – prior convictions for breach, dishonesty, driving, drug,
indictable offence property, weapons and violence offences, 40y male, difficult
while on bail (30 childhood, victim of childhood family violence, victim of childhood
days) sexual assault, motivated by financial gain, motivated by drug use,
mental health issues, depression, anxiety, PTSD, ADHD, suicidal
ideation, alcohol and drug use, character references, good work
history, impact of Covid-19, good prospects of rehabilitation.

DPP v Zhang 45 months (3 Trafficking in a drug G (early) Offending – Police were notified O was loitering and he was arrested.
[2019] VCC 442 years 9 months) of dependence (3 Following that O was found to be in possession of:
imprisonment years 6 months)
 0.1 grams of heroin with 41% purity;
NPP – 30 months Dealing with  58.7 grams of ice with 84-85% cent purity;
(2 years 6 months) property reasonably  1.2 grams of heroin with 42% purity;
suspected of being  trafficking materials; and
proceeds of crime (6  multiple ID cards.
months)
Execution of a subsequent search warrant at O’s home revealed four
Possession of a containers of liquid consisting of 336g, 20.5g, 20.7g and 21g of
prohibited weapon various drugs including cocaine, ice, heroin, alprazolam and
(3 months) butanediol. Police also located trafficking materials, records, two
Possession of a swords and $998 cash.
controlled weapon Offender – prior convictions for breach, drug, property, street and
(1 month) violence offences, 23y male, drug use, completion of courses, career
drug dealer, guarded prospects of rehabilitation.

DPP v Green 45 months (3 Trafficking in a drug G Offending – O was intercepted by police lying down on the street in
[2021] VCC 1628 years 9 months) of dependence x 5; front of a car which was found to have incorrect and expired number
imprisonment and plates. When the car was searched, police located:
NPP – 28 months Possession of a drug  184.5g of mixed methylamphetamine (61.5 x TQ, 0.74 x
(2 years 4 months) of dependence CQ);
(aggregate sentence -  170.2g of mixed MDMA (56.73 x TQ, 1.7 x CQ);
$1000 fine 3 years 8 months)  19.8g of mixed heroin (6.6 x TQ);
Dealing with  10g of mixed cocaine (3.3 x TQ);
property suspected  6.1g cannabis; and
of being the  20 tablets of diazepam and 75 tablets of clonazepam;
proceeds of crime (3  $2,565 cash;
months)  a bank card not belonging to O; and
Committing an  other stolen goods.
indictable offence
O was on bail at the time of the offending.
while on bail ($1000
fine) O was sentenced on the basis that he played a central role in a drug
trafficking business on a single date, operating as a delivery driver or
Affixing number
‘one-stop-shop’.
plates not issued to
that vehicle Offender – prior convictions for breach, driving and violence
(convicted and offences, prior offending for driving offences, 31y male, difficult

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discharged) childhood, victim of childhood family violence, increased custodial

burden, alcohol and drug use, totality, remorse, lockdown, impact of
Covid-19, live prospects of rehabilitation.

DPP v Milton (a 45 months (3 Trafficking in a drug G (early) Offending – O was a member of an organized crime syndicate. Over
pseudonym) years 9 months) of dependence x 2 approximately two months, O received 56g of methylamphetamine
[2022] VCC 1068 imprisonment – (24 months, 18 (0.22 x CQ, 0.07 x LCQ) to sell, and expected to receive 7g to use
release on Drug months) (0.03 x CQ, 0.01 x LCQ).
Alcohol
Treatment Order Possession of Separately, O rented a backyard shed from CO in exchange for
for 45 months (3 substances, supplying CO with methylamphetamine. O ran a clandestine
years 9 months) materials, laboratory out of the shed. A police search of CO’s premises and shed
documents or located equipment for making drugs and 87.6g of
equipment for methylamphetamine (0.35 x CQ, 0.12 x LCQ). Police also located an
trafficking in a drug imitation revolver.
of dependence (24
months) Separately, police also seized further items regarding trafficking and
manufacturing ice from O’s home.
Possession of drug
of dependence (12 O sentenced on basis that the clandestine laboratory had potential to
months) make 88g of methylamphetamine (0.35 x CQ, 0.12 x LCQ) and that
he cooked with the intention to sell.
Attempted
trafficking in a drug Offender – prior convictions for dishonesty, driving, drug, property,
of dependence (12 weapons and violence offences, 46y male, difficult childhood, Bugmy
months) principles applied, victim of childhood family violence, victim of
childhood sexual assault, mental health issues, depression, anxiety,
Prohibited person in PTSD, drug use, physical health condition, character references,
possession of an extra-curial punishment, admissions to police, letter to court.
imitation firearm (8
months)
Dealing with
property suspected
of being the
proceeds of crime (6
months)

DPP v Zarghami 43 months (3 Trafficking drug of NG - Offending – O was stopped by police and was found with over
[2019] VCC 1520 years 1 months) dependence (3 years) Trafficki $100,000 cash, multiple mobile devices, and 261g of cocaine (0.52 x
imprisonment ng CQ, 0.26 x LCQ). One of the mobile devices had information on
Appeal against Possess documents manufacturing methamphetamine.
sentence allowed NPP – 18 months containing G - All
(1 years 6 months) information about other O sentenced on basis that he was a lone operator acting deliberately
[2020] VSCA 74 trafficking (2 offences with no insight into wrongdoing.
summarised in months)
Offender – no prior convictions, 24y male, difficult childhood,
Trafficking in a Commit an refugee, time spent in refugee camp, motivated by financial gain, on
drug of indictable offence bail at time of offending, depression, anxiety, drug use, family
dependence – while on bail (7 support, good prospects of rehabilitation.
Court of Appeal days)
recent cases

DPP v Koumis 42 months (3 Trafficking in a drug G (early) Offending – O was arrested and placed into a cell with a police covert
[2022] VCC 150 years 6 months) of dependence x 4 (2 operative PCO. Through conversations with the operative, O agreed
imprisonment years 6 months, 2 to sell and did sell PCO 1g of 80% pure methylamphetamine for
years, 1 year 8 $700.
NPP – 30 months months x 2)
(2 years 6 months) On later occasions, O again sold or agreed to sell PCO:
Negligently dealing
$350 fine with proceeds of  1g of 80% pure methylamphetamine for $700.
crime (4 months)  3.5g of 82% pure methylamphetamine, and 1g of 11% pure
heroin for $2,000.
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Committing an  A “full bag” of methylamphetamine, for $11,500, and 1g of

indictable offence cocaine for $450. Which was later revised to three-quarters
while on bail (1 of an ounce of methylamphetamine and 1g of heroin for
month) $9,200.

Possession of a Upon arrest a police search of O’s premises located unspecified

Schedule 4 poison quantities of methylamphetamine, cocaine, and heroin, as well as a
($200 fine) small quantity of cannabis seeds, 18 Cephalexin tablets, and $890
cash.
Possession of a drug
of dependence ($150 O sentenced on the basis that over approximately one month he sold
fine) PCO or had in his possession 27.5g of methylamphetamine (0.11 x
CQ, 0.04 x LCQ), 4.2g of heroin (0.02 x CQ, 0.01 x LCQ), and 3.3g
of cocaine (0.01 x CQ).
O was later released on bail. While on bail a police search of O’s car
during a traffic stop located 27.6g of 83% pure methylamphetamine
(0.11 x CQ, 0.04 x LCQ).
Offender – prior convictions for drug and dishonesty offences, 74y
male, on bail at time of offending, motivated by financial gain and
drug use, mental health issues, depression, anxiety, drug use, physical
health issues, completion of courses, rehabilitation programs,
likelihood of deportation, impact of Covid-19, guarded prospects of
rehabilitation.

Peterson & 42 months (3 Trafficking in a drug G (early) Offending – Os and others were involved in joint criminal enterprise
Dislakis [2016] years and 6 of dependence that manufactured and trafficked methylamphetamine. O1 was the
VCC 1092 months) cook, manufacturing methylamphetamine in clandestine laboratory.
O2 was actively and regularly involved in selling
Offender 2 NPP – 27 months methylamphetamine, collecting and depositing proceeds of drug sales
(2 years and 3 and brokering arrangements for purchasing pseudoephedrine. Crucial
Sentence appeal months) roles. Mixture located in lab that weighed 123.9 g and contained
dismissed approximately 42.33 g of methylamphetamine (0.42 x CQ).
[2016] VSCA 297 Significant amount of methylamphetamine. Enterprise was designed
to be ongoing, not just limited to already-made methylamphetamine.
summarised in Ongoing offending over four weeks that was ended by police
Trafficking a drug intervention. Relatively serious example of trafficking. Lab also
of dependence – contained 84.8 g of pseudoephedrine.
Court of Appeal
recent cases Offender 2 - Prior convictions where motivation may have been to
obtain funds for drugs, subsequent convictions, past breaches of court
orders, on suspended sentence, on bail, 27 y male, motive said to be
financial reward and drug use, support of family and partner, clean
urine sample results and completion of courses in custody, totality,
some remorse, moderate rehabilitation prospects.

DPP v Smith 42 months (3 Trafficking in a drug G Offending – A police search of O’s person located $3,700 cash.
[2020] VCC 1225 years 6 months) of dependence (3
imprisonment years) A subsequent police search of O’s premises located:

NPP – 24 months Possession of a drug  Multiple plastic bags and a metal container of cannabis,
(2 years) of dependence (18 totalling 2426g (0.1 x CQ, 0.01 x LCQ);
months)  A plastic bag containing 43.6g of 86% pure
$300 fine methylamphetamine (0.17 x CQ, 0.06 x LCQ); and
Handling stolen  Several stolen items including a chainsaw, and bottle of
goods (3 months) alcohol.
Committing an Offender – prior convictions for breach, driving, drug, weapons and
indictable offence violence offences, 43y male, difficult childhood, victim of childhood
while on bail ($300 family violence, victim of childhood sexual abuse, mental health
fine) issues, personality disorder, intellectual impairment, limited

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education, increased custodial burden, drug use, homelessness,

impact of Covid-19.

DPP v Thompson 41 months (3 Trafficking in a drug G Offending – A police search of a premises where O and CO were
[2022] VCC 311 years 5 months) of dependence (3 located found:
imprisonment years)
(time served)  2.297kg of mixed GHB (1.15 x CQ, 0.11 x LCQ);
Prohibited person in
possession of
 7.39kg of mixed GBL (3.70 x CQ, 0.37 x LCQ); and
firearm (2 years 6  an unregistered 12 gauge shotgun.
months)
Offender – prior convictions for drug and weapons offences, 48y
male, mental health issues, depression, family support, physical
health condition, completion of courses, billet, impact of Covid-19.

DPP v Nguyen 41 months (3 Trafficking in a drug G (early) Offending – A police search of O’s bedroom at his parent’s premises
[2018] VCC 1880 years 5 months) of dependence x 4 (2 located:
imprisonment years, 18 months, 12
months, 9 months)  200.7g of methylamphetamine (0.8 x CQ, 0.27 x LCQ);
NPP – 22 months  105.3g of heroin (0.21 x CQ, 0.11 x LCQ);
(1 year 10 Negligently dealing  744.4g of 1,4-Butanediol (0.37 x CQ);
months) with proceeds of  10 pink ecstasy tablets;
crime (12 months)  three Viagra tablets which contained a schedule 4 poison
Possession of a drug sildenafil;
of dependence (4  drug paraphernalia; and
months)  various amounts of cash totalling $40,700 suspected of being
proceeds of crime.
Possession of a
schedule 4 poison Offender – prior convictions for violence offences, 26y male, on
(convicted and parole at time of offending, mental health issues, depression, drug
discharged) use, physical health condition, sciatica pain, family support, totality,
remorse, assistance to authorities, admissions to police, letter to court,
letter of apology.

DPP v Elsayed 40.13 months (3 Trafficking in a drug G Offending – EO, and JH were part of a drug syndicate which was
[2019] VCC 1305 years 4 months 4 of dependence (3 under police surveillance. AH was a customer of EO and JH.
days) years 4 months 4
Offender 1 (EO) imprisonment days) Over approximately three months, police intercepted more than 300
(concurrent with drug related telephone calls and texts between the offenders.
Offender 3 Possession of a
summarised in sentence O Over approximately five months, JH engaged in multiple sales of
precursor chemical
Trafficking in a currently serving) (1 month) methylamphetamine to associates. JH over five occasions sold at least
commercial NPP – 16.26 928g of methylamphetamine (3.71 x CQ, 1.24 x LCQ) to AH and on
quantity of a drug months (1 year 4 Possession of a drug three occasions sold at least 158.5g of methylamphetamine (0.63 x
of dependence months 8 days) of dependence x 2 (7 CQ, 0.21 x LCQ) to a co-offender CO1. EO was aware of these
days, dismissed transactions from text messages and intercepted phone calls.
$500 fine without conviction)
AH encouraged JH to supply him with 588g of methylamphetamine
Possession of (2.35 x CQ, 0.78 x LCQ) over the course of five transactions in
cartridge exchange for $108,000.
ammunition ($500
fine) JH and EO regularly communicated about the transactions and
amount of money they had obtained.
During the offending period JH and EO attempted to recover drug
debts from numerous associates.
A Police search of EO’s premises located 113g of a precursor
chemical phosphoric acid, 0.2g of methylamphetamine and 3.2g of
testosterone.
EO sentenced on the basis that his offending occurred over
approximately two and a half months.

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Offender 1 – prior convictions for drug offences, subsequent

convictions for breach, dishonesty and violence offences, 29y male,
drug use, family support, good driving record, delay, totality,
remorse, completion of courses.

Nguyen [2017] 40 months (3 Trafficking in a drug G (early) Offending – O was a drug trafficker and was part of an organisation
VCC 1893 years 4 months) of dependence x 2 (3 that trafficked and manufactured drugs.
years, 18 months)
NPP - 24 months Based on telephone intercepts and drugs found at O’s house, O had
(2 years) Possessing trafficked 94.4g of mixed-quality methylamphetamine (0.19 x CQ),
equipment for and 85 MDMA tablets weighing a total of 20g (0.04 x CQ).
trafficking (12
months) Police also discovered equipment for trafficking, cartridge
ammunition, two swords and a knife at O’s house.
Possessing a
prohibited weapon Offender - no prior convictions, 47y female, motivated by drug use,
(4 months) depression, drug use, family support, carer for child, limited English
skills, completion of courses, fairly good prospects of rehabilitation.
Possessing cartridge
ammunition while
unlicensed ($300
fine)

DPP v Karazisis 39 months (3 Trafficking in a drug G (early) Offending – O1, O2 and CO1-CO2 were members of a drug
[2021] VCC 525 years 3 months) of dependence (2 syndicate which was under police surveillance. The offenders used
imprisonment years 6 months) encrypted messaging applications to communicate with undercover
Offender 1
NPP – 27 months Possession of an police operatives PCO1 and PCO2 regarding the sale of
(2 years 3 months) unregistered general methylamphetamine and firearms.
category handgun; Over approximately three months O1 sold 157.5g of
24 months (2 and
years) licence methylamphetamine (0.63 x CQ, 0.21 x LCQ) to PCO1 and PCO2.
disqualification Disposal of a general
On one occasion O1 sold PCO1 and PCO2 a shotgun for $3,200 cash.
category handgun
$300 fine (aggregate sentence - Following this O1 discussed having other firearms available for
18 months) purchase.

Handling stolen A police search of O1 and O2’s premises and O1’s person located a
goods (5 months) vial of Diazepam, a round of ammunition, a flick knife, stolen
property including a bicycle, bank cards, computers, a designer
Dealing with handbag, and cash, as well as phones, computers and car keys
property suspected
suspected of being proceeds of crime.
of being proceeds of
crime (2 months) O1 while on bail breached his bail conditions by not residing at his
Possession of a drug designated address.
of dependence (1 O1 was sentenced on the basis that his role appeared to be one of
month) facilitation and organisation despite also engaging in the sale of
Committing an methylamphetamine and firearms.
indictable offence
Offender 1 – prior convictions for dishonesty, drug and explosives
while on bail (1
offences, imprisonment Verdins, 30y male, difficult childhood, victim
month)
of childhood family violence, on bail at time of offending, motivated
Breach of a conduct by financial need, mental health issues, depression, anxiety, ADHD,
condition of bail (1 adjustment disorder, drug use, physical health condition, acquired
month) brain injury, family support, remorse, completion of courses, clean
drug screens, impacts of Covid-19, guarded prospects of
Failing to comply rehabilitation.
with Police direction
(1 month)
Driving while
disqualified (1

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month)
Possession of a
prohibited weapon
(7 days)
Possession of
cartridge
ammunition ($300
fine)

DPP v Chiu 39 months (3 Trafficking in a drug G (early) Offending – Police intercepted a package from overseas and
[2018] VCC 2298 years 3 months) of dependence (3 discovered that it contained 4,935.78g of 76-79% pure cocaine (9.87
imprisonment years 3 months) x CQ, 4.94 x LCQ).
NPP – 24 months Possession of a drug At some stage, O contacted the courier company to enquire about the
(2 years) of dependence (14 delivery of the package. Police then conducted a controlled delivery
days) during which O contacted an undercover police operative PCO and
arranged to collect the package from an address not belonging to him.
O met PCO at the false address and took possession of the package
before being arrested.
A police search of O’s vehicle located a small amount of
methamphetamine.
O sentenced on the basis that he was collecting the package for a
friend in exchange for $2,000 and that he played a limited role as a
courier.
Offender – no prior convictions, 28y male, motivated by financial
gain, increased custodial burden, family support, character references,
good work history, previous good character, remorse, assistance to
authorities, admissions to police, limited English skills, isolation in
custody, first time in adult custody, rehabilitation programs,
completion of courses, clean drug screens, likelihood of deportation,
very good prospects of rehabilitation.

DPP v Hawker 39 months (3 Trafficking in a drug G (late) Offending – O while unlicensed was pulled over by police and found
[2021] VCC 1493 years 3 months) of dependence x 2 (3 to have:
imprisonment years, 12 months)
Sentence appeal  $3,870 cash;
dismissed NPP – 15 months Dealing with
(1 year 3 months) property suspect of  a baseball bat;
[2022] VSCA 127 being proceeds of  207.4g of pure heroin (4.15 x CQ, 0.41 x LCQ);
$200 fine
summarised in crime (3 months)  15.8g of pure methylamphetamine (0.32 x CQ, 0.03 x LCQ);
Trafficking in a Possession of a drug and
drug of of dependence (1  26.2g of 1,4-butanediol (0.01 x CQ).
dependence – month)
Court of Appeal O was sentenced on the basis that he had an important role in the
recent cases Possession of a distribution of drugs for personal gain and to support his own drug
controlled weapon habit.
(1 month)
Offender – prior convictions for driving, unrelated and violence
Unlicensed driving offences, 43y male, moderate risk of re-offending, difficult
($200 fine) childhood, victim of childhood family violence, mental health issues,
depression, anxiety, increased custodial burden, drug use,
homelessness, character references, good work history, delay,
remorse, clean drug screens, impact of Covid-19, fair prospects of
rehabilitation.

DPP v Mathuran 39 months (3 Trafficking in a drug G (early) Offending – O arranged for 15 parcels from overseas to be sent to
[2020] VCC 1121 years 3 months) of dependence (9 him by using an alias. The 15 parcels were intercepted by border

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imprisonment - months) force officers and found to contain a total of between 451g and 530g
release on RRO of pure MDMA (0.9-1.06 x CQ, 902-1060 x MQ), between 6g and 7g
after 15 months (1 Importing a of pure ketamine (0.01 x CQ, 2 x MQ), and between 4.7g and 6.3g of
year 3 months) marketable quantity pure cocaine (2.35-3.15 x MQ).
of a border
21 months (1 year controlled drug (3 The street value of the imported MDMA was estimated to be around
9 months) RRO: years) $40,267 if sold in 28g lots.
- $1500 (surety) Possession of a drug A subsequent police search of O’s home located 17.7g of pure
of dependence (6 cocaine (0.07 x CQ, 0.02 x LCQ), 22.8g of pure MDMA (0.23 x CQ,
- Good behaviour
months) 0.03 x LCQ), 5.5g of pure ketamine (0.06 x CQ, 0.01 x LCQ), 952mg
of mixed LSD, 29.6g of cannabis, $2,335 cash suspected of being
Dealing with proceeds of crime and two phones belonging to O. O’s phones were
property suspected found to contain information relating to his sale of MDMA, cocaine
of being proceeds of and LSD to others in exchange for various amounts of money.
crime (1 month)
Offender – no prior convictions, 30y male, mental health issues,
ADHD, substance use disorder, increased custodial burden, drug use,
family support, character references, good work history, previous
good character, delay, remorse, first time in adult custody,
rehabilitation programs, clean drug screens, lockdown, impact of
Covid-19, very good prospects of rehabilitation.

Duong [2016] 38 months (3 Trafficking in a drug G Offending – O and a co-offender trafficked heroin and
VCC 1965 years and 2 of dependence x 2 (2 methylamphetamine. Over a six week period, O trafficked 303 g of
months) years and 4 months; heroin (105 g was 72% pure, and the balance was 14-15% pure – 0.61
1 year and 9 x CQ) (Giretti trafficking). Street value of heroin was $90,900. In
NPP – 26 months months); addition, on a single day, O trafficked 44.9 g of methylamphetamine
(2 years and 2 (0.09 x CQ). O also possessed a stun gun, baton, and knife, and
months) Dealing with $23,000. Although persons much higher up chain, O’s role not
proceeds of crime (6 dealing on street. Set up rendezvous where many persons able to visit
months); and to purchase drugs. O also concerned with preparation of street
Possession of a quantities from larger, purer amounts.
prohibited weapon Offender – Prior convictions, relatively young man, 28 y male,
(4 months); and grossly addicted to ice and heroin, breakdown of relationship in 2014
Possession of a related to returning to drugs, bailed to CISP program, motivated by
controlled weapon addiction to drugs.
(3 months).

Haddara [2017] 38 months (3 Trafficking in a drug G (early) Offending – O had been placed on a CCO after committing driving,
VCC 1546 years 2 months) of dependence (24 weapons, drug and violence offences. O breached that CCO by
months) failing to perform unpaid community work, failing to be supervised
NPP – 24 months and managed on several dates and reoffending by committing
(2 years) Burglary; numerous indictable offences.
$1500 fine Theft; and O entered a shopping centre car park via a damaged gate and armed
12 month (1 year) Damaging property with a crowbar. O used the crowbar to hit and damage two CCTV
license (aggregate sentence cameras, then stole a ride-on lawnmower and drove away.
disqualification – 12 months) Police searched O and O’s house and discovered numerous stolen
Handling stolen goods including five stolen vehicles and a large assortment of stolen
goods x 3 (aggregate power tools, 98.2g of methylamphetamine (0.2 x CQ), 0.1g of
sentence – 12 MDMA, 0.6g of cocaine, 4.8g of cannabis, and $480 cash suspected
months) of being the proceeds of crime.

Breach of CCO (1 Offender – prior convictions, 27 y male, drug use, family support,
month and order rehabilitation programs, completion of courses, depression, anxiety,
cancelled) totality, some prospects of rehabilitation.

Dealing with
property suspected

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of being proceeds of
crime (1 month)
Possession of a drug
of dependence x 3
($500 fine x 3).

DPP v Nguyen 37 months (3 Trafficking in a drug G (early) Offending – O received money at a post office box in exchange for
[2021] VCC 1546 years 1 month) of dependence x 3 sending packages of drugs interstate. O sentenced on the basis that
imprisonment (27 months, 18 over two moths he posted a total of 26 packages, containing:
months, 6 months)
NPP – 22 months  399.9g of cocaine (0.79 x CQ, 0.4 x LCQ);
(1 year 10 Dealing with  298g of MDMA (0.59 x CQ, 0.3 x LCQ); and
months) property suspected  8g of methylamphetamine (0.03 x CQ, 0.01 x LCQ).
of being proceeds of
crime (3 months) Police executed a search warrant at O’s apartment where they located
$31,130 cash and an unspecified amount of MDMA. A further six
Committing an packages were later seized containing cash and 62 Cialis tablets.
indictable offence
while on bail (2 O was on bail for part of the offending.
months) Offender – prior convictions for drug, property and similar offences,
Possession of a imprisonment Verdins, 37y male, difficult childhood, Bugmy
Schedule 4 poison principles applied, on CCO at time of offending, on bail at time of
(convicted and offending, mental health issues, depression, gambling disorder, drug
discharged) use, family support, remorse, first time in adult custody, reasonably
good prospects of rehabilitation.

DPP v De 36.46 months (3 Trafficking in a drug G (early) Offending – O was involved in a methamphetamine trafficking ring
Ocampo [2020] years 14 days) of dependence (3 with other offenders. O’s offending was detected during a police
VCC 366 imprisonment years) operation targeting one of O’s co-offenders.
NPP – 21 months Driving while Over multiple occasions, O supplied 184.272g of
(1 year 9 months) disqualified; and methylamphetamine (6.5 ounces) (0.74 x CQ, 0.25 x LCQ) to other
offenders.
12 months (1 Failing to stop at
year) licence police direction On the last occasion, police attempted to intercept O’s vehicle. O
disqualification (aggregate sentence - while disqualified from driving ignored police instructions to stop.
2 months) Upon arrest police located drug paraphernalia in O’s hotel room
along with 85g of 80-86% pure methylamphetamine (0.34 x CQ, 0.11
x LCQ).
Offender – prior convictions for breach, drug, dishonesty, driving and
property offences, 28y male, on CCO at time of offending, motivated
by financial gain, increased custodial burden, drug use, family
support, some remorse, totality, billet, impact of Covid-19, some
prospects of rehabilitation.

DPP v Mawas 36 months (3 Trafficking in a drug G (early) Offending – A police search of O’s premises located:
[2020] VCC 149 years) of dependence x 2
imprisonment (28 months,16  1,110.2g of 1,4-butanediol;
months)  75.9g of MDMA;
NPP – 25 months  7.5g of methylamphetamine;
(2 years 1 month) Handling stolen  4g of cannabis;
goods (4 months)  a drivers licence and multiple identity cards in a different
$750 fine
Possession of a name;
prohibited weapon  a Taser; and
(4 months)  nine .22 calibre ammunition cartridges.
Possession of a drug O sentenced on basis that he had the drugs for selling to others not
of dependence x 2 (1 only for personal use.
month, convicted
Offender – prior convictions for drug and dishonesty offences, 48y
and discharged)
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Possession of male, difficult childhood, motivated by drug use, increased custodial

cartridge burden, mental health issues, depression, simulant use disorder, drug
ammunition without use, totality, poor prospects of rehabilitation.
a permit ($750 fine)

DPP v Wong 36 months (3 Trafficking in drug G Offending – O while outside of his home against Covid restrictions
[2022] VCC 961 years) of dependence (2 was stopped by police. A police search of O’s vehicle found 27.1g of
imprisonment years 9 months) 86% pure methylamphetamine (0.11 x CQ, 0.04 x LCQ).
NPP – 24 months Possession of an A subsequent police search of O’s home located a clandestine
(2 years) unregistered laboratory in his study. Within the study police located 559.2g of
category A longarm methylamphetamine (2.24 x CQ, 0.75 x LCQ), 15.8g of cannabis, 19
$200 fine (6 months) ammunition cartridges, a long arm rifle in two pieces, an imitation
firearm, and two mobile phones.
Non-prohibited
person in possession Analysis of the phones established that O had sold and made
of an imitation methylamphetamine over approximately four and a half months.
firearm (4 months)
Offender – no prior convictions, 30y male, motivated by financial
Possession of gain, drug use, family support, character references, delay, remorse,
property suspected rehabilitation programs, completion of courses, letter to court,
of being proceeds of likelihood of deportation, impact of Covid-19, very strong prospects
crime (3 months) of rehabilitation.
Possession of a drug
of dependence (7
days)
Failure to comply
with a direction of
Chief Health Officer
($200 fine)

DPP v 36 months (3 Attempted G Offending – Police intercepted a consignment of eight boxes

Abudullayev years) trafficking in a drug containing 200.2kg of 1,4-butanediol (100.1 x CQ) addressed to a
[2022] VCC 735 imprisonment of dependence (3 false name. During a controlled delivery, a covert police officer PCO
years) posing as a delivery driver called the number on the consignment and
Sentence appeal NPP – 24 months spoke to O. O then called CO1, who called CO2. PCO delivered the
dismissed (2 years) Possession of a drug consignment to CO2 at the listed consignment address.
of dependence x 2 (7
[2022] VSCA 225 days x 2) Approximately two minutes later O collected the eight boxes in a van
and drove to CO1’s premises. O and CO1 then drove to a third
location where they unloaded some of the boxes before being
intercepted by police.
A subsequent police search of O’s premises located 0.5g of cocaine,
25.4g of stanolozol and 5.7g of testosterone.
Offender – prior convictions for drug and dishonesty offences, 35y
male, difficult childhood, victim of childhood family violence,
motivated by financial gain, alcohol and drug use, good work history,
parity.

DPP v Furnell (a 36 months (3 Trafficking in a drug G Offending - Over three and a half months, O:
pseudonym) years) of dependence to a
[2018] VCC 1556 imprisonment child x 2 (2 years, 1  on three of four occasions sold 0.1g of methylamphetamine
year) for $50 each;
NPP – 24 months  agreed to sell 1.7g of methylamphetamine to a buyer for
(2 years) Recruiting a child to $600; and
engage in criminal  sold various small amounts of drugs to people on the street.
$500 fines activity x 2 (6
months, 3 months) Separately, O following a breakup with V, went to V’s house to
collect items belonging to him that V had left out. While at V’s

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Persistent premises, O yelled and kicked the back door and garage door, causing
contravention of a a dent to it.
family violence
order (6 months) Following this incident, V obtained an intervention order (‘IVO’)
against O, which prohibited O from committing family violence
Obtaining property against V, contacting V, entering within 200 meters of V’s premises,
by deception (6 and from getting another person to do anything which he is prohibited
months) from doing.
Trafficking in a drug In contravention of this order, O persistently:
of dependence (6
months)  Used V’s personal details to access her phone, email and
social media accounts.
Attempting to obtain  Cancelled V’s phone SIM card.
property by  Attempted to contact V 16 times by phone.
deception (3  On two occasions, drove his car within 200 metres of V’s
months) home
Damaging property  On two occasion, drove three children (all 14y) to V’s
(1 month) premises and instructed them to mark graffiti on V’s garage
door and driveway in exchange for methylamphetamine and
Commit an marijuana, respectively.
indictable offence
while on bail x 2 (1 Separately, O:
month x 2)  Used V’s personal details in an attempt to obtain a credit card
Contravene certain from a bank, but was unsuccessful;
conduct conditions  Used V’s personal information to order a SIM card in her
while on bail (1 name to his address;
month)  Supplied methylamphetamine to a 17 year old female he met
at a party; and
Use an unregistered
 Drove an unregistered vehicle with stolen plates on a
motor vehicle on a
highway
highway ($250 fine)
O was on bail at the time of offending. O breached this bail by
Fraudulently use
offending and not residing at his designated address.
registration label or
plate ($250 fine) Offender - prior convictions for breach, dishonesty, driving, drug,
property, weapons, violence and family violence offences, 32y male,
on CCO at time of offending, on bail at time of offending, motivated
by drug use, context of family violence, drug use, family support,
good work history, remorse, letter to court, bleak prospects of
rehabilitation.

Dukic [2016] 36 months (3 Trafficking in a drug G Offending – O in possession of scientific glassware, equipment,
VCC 1661 years) of dependence x 2 (2 solvents and chemicals (75 ml of hypophosphorous acid and 63 ml of
years; 10 months); acetic anhydride) that would be suitable for the manufacture of
NPP – 24 months controlled substances in his home. No satisfactory explanation
(2 years) Possession of provided for possession of equipment. Part of cooking activity for
substance, material, manufacture of cleaning fluid. O in possession of 4.1 kg of 1,4-
$500 fine documents or Butanediol (2.05 x CQ). O knowingly possessed an amount of less
equipment for than commercial quantity for the purposes of sale. Relatively serious
trafficking in a drug example of trafficking simpliciter. In various locations of house O
of dependence (1 also in possession of 58.04 g of methylamphetamine in varying
year and 6 months); purities (0.12 x CQ) and trace amounts of methylamphetamine that
Possession of were in a non-viable form. O in possession of taser, 26 cartridges for
prohibited weapon a 12-gauge shotgun and one .380 calibre rimless brass hand gun
(6 months); and cartridge. O had familiarity with drugs and drug transactions. O’s
residential dwelling overtaken by drug-related activity. Criminal
Possession of activity involved some degree of planning. No proof that seized drugs
cartridge manufactured at O’s unit.
ammunition ($500
fine). Offender – Prior drug convictions, past breaches of court orders,
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offended 14 months after completing parole period, 51 y male, lied to

police during interview, qualified painter, work history, no evidence
that O offended solely to support drug use, no evidence of
enrichment, no evidence of how O earned living other than activity at
his premises, no remorse, totality, guarded rehabilitation prospects.

Tiong [2016] 36 months (3 Trafficking in a drug G Offending – Police located lock box that was disguised by book cover
VCC 833 years) of dependence x 2 (2 in O’s bag in vehicle that was parked outside apartment that was
years and 6 months; suspected of having been used to manufacture drugs. Box contained
Sentence appeal NPP – 24 months 1 year and 6 386.6 g of 90% pure methylamphetamine (347 g pure – 3.47 x CQ;
dismissed (2 years) months); and 0.46 x LCQ), 10.1 g of 20% pure cocaine (0.02 x CQ), and $6285 in
Dealing with cash. 2 days later police found $8000 in cash in O’s shorts’ pocket
[2016] VSCA 257 proceeds of crime when he was arrested outside of the apartment. Quantity of
summarised in (rolled-up) (4 methylamphetamine at higher end for traffickable quantity
Trafficking a drug months). (commercial quantity but O did not have necessary state of mind).
of dependence – Serious offending, in particular trafficking methylamphetamine.
Court of Appeal Unable to determine precise role of O, but undoubtedly an important
recent cases role in distribution of drugs found in O’s possession.
Offender – No prior convictions, male, drug use, gambling addiction,
drug and gambling debts, marriage failure, O fell in with bad group,
O did not come to Australia in order to commit offences, hardship in
gaol due to isolation, no contact with child in Malaysia and limited
English skills, first time in custody, lockdown conditions,
deportation, remorse, support of family, no drug use since
incarcerated, courses undertaken in custody, good rehabilitation
prospects.

DPP v Le [2019] 36 months (3 Trafficking in a drug G (early) Offending – CO’s trafficking activities were targeted by law
VCC 583 years) of dependence enforcement and O was caught up by that operation. O supplied 32kg
imprisonment of cannabis (1.28 x CQ, 0.13 x LCQ) to CO for on selling.
NPP – 24 months O sentenced on the basis that he played a significant, active and
(2 years) regular role in offending and was responsible for setting prices over a
three month period.
Offender – no prior convictions, 31y male, motivated by financial
gain, increased custodial burden, good work history, previous good
character, carer for family, parity, delay, extra-curial punishment,
completion of courses, likelihood of deportation, high moral
culpability, good prospects of rehabilitation.

Presta [2017] 36 months (3 Trafficking in a drug G Offending – O had affixed false number plates onto a stolen motor
VCC 1645 years) of dependence x 2 (2 vehicle that had been used by a member of the Comanchero outlaw
years, 9 months) motorcycle gang during an arson.
NPP – 22 months
(1 year 10 Assist offender (12 Police searched O’s house and discovered 5.3g of cocaine (0.02 x
months) months) CQ), 7.3g of methylamphetamine (0.01 x CQ), 15.7g of MDMA
(0.16 x CQ), a small amount of cannabis, 863 ecstasy tablets and 16
$1000 fines Possession of an tablets of an unidentified substance. Police also discovered a pocket
unregistered knife, $510 in cash, false numberplates, several hundred rounds of
Category A or B assorted calibre ammunition for rifles and shotguns, and weapons and
long-arm x 3 (9 weapons parts.
months, 6 months, 3
months) O had refused to provide police with the code to unlock his mobile
phone despite the operation of s.465AAA. Police searched O’s phone
Possess a drug of and discovered conversations related to trafficking cocaine and
dependence x 2 (3 ecstasy.
months, $200 fine)
Offender – no prior convictions, male offender, on bail at time of
Possession of a offending, drug use, rehabilitation programs, character references,
prohibited weapon remorse.
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(3 months)
Fail to comply with
a direction to assist
(3 months)
Possession of the
proceeds of crime (1
month)
Possess ammunition
($600 fine)
Committing an
indictable offence on
bail ($200 fine)

DPP v Sioulas 36 months (3 Trafficking in a drug G (early) Offending – Over a five day period, O sold a total of 3.5g of 82%
[2022] VCC 2372 years) of dependence x 2 pure methylamphetamine and 1g of 70% pure cocaine to an
imprisonment (rolled-up x 2) (2 undercover police officer (PCO1). PCO1 paid O a total of $800 for
years 6 months, 9 the drugs.
NPP – 21 months months)
(1 year 9 months) Approximately two years later, O sold drugs to PCO’s on eight
Possession of a drug different occasions during five month period. On five occasions, O
$1000 fine of dependence (2 sold a total of 76.9g of 77-89% pure methylamphetamine (0.31 x CQ,
months) 0.1 x LCQ) to PCO2. PCO2 paid O a total of $19,200. On a further
two occasions, O told PCO2 via text message that he could sell him a
Dealing with money total of 84g of methylamphetamine for approximately $16,500. On
suspected of being the final occasion, O agreed to meet PCO2 to sell him one bag of
the proceeds of methylamphetamine for $9000. On this occasion, police attempted to
crime (2 months) arrest O but he resisted.
Resisting an A search of O’s person, car and home located $2,430.95 in cash,
emergency worker suspected of being the proceeds of crime, 46.5g of
($500 fine) methylamphetamine (0.19 x CQ, 0.06 x LCQ), 11.3g of heroin (0.05
Unlicensed driving x CQ, 0.02 x LCQ) and two packets of diazepam. Additionally, O
($500 fine) was driving unlicensed at the time of offending.

Breach of CCO Offender – prior convictions for breach, driving, drug, property and
(proven) weapons offences, 55y male, on CCO at time of offending, victim of
assault, mental health issues, depression, anxiety, PTSD, drug use,
CCO cancelled and family support, totality, lockdown, impact of Covid-19, reasonable
resentenced on prospects of rehabilitation.
original offences:
- Trafficking in a
drug of
dependence x 2;
and
- Attempting to
pervert the course
of justice
(aggregate
sentence - 9
months)

Abbott [2016] 36 months (3 Trafficking drug of G Offending - O worked at a hostel, where he was provided with a
VCC 1308 years) dependence (2 years private room. O established a clandestine lab to manufacture MDA.
and 6 months); Not elaborate or sophisticated, and no evidence of actual sales. In O’s
NPP – 21 months room, police found 16.1 g of pure MDA (0.161 x CQ), MMDPAA
(1 year 9 months) Possession of a drug (an intermediate between helional and MDA), helional and 5.4 g of
of dependence ($300
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fine); and cannabis (SQ) (cannabis possessed for own use).

Breach of suspended Offence – Prior drug convictions, on suspended sentence, male, lived
sentence (proven). on streets for some time, assaulted in prison and sustained injuries,
protective custody, long history of abusing drugs, PTSD and major
(12 months of depressive illness mean imprisonment will be more onerous, guarded
suspended sentence prospects of rehabilitation.
restored or
resentenced on
original sentence)

DPP v Sengul 36 months (3 Trafficking in a drug G (early) Offending – Police searched O’s house as part of an investigation and
[2022] VCC 696 years) of dependence (36 found three petrol containers and 13 bottles containing 18,969.4g of
imprisonment months) 1,4 butanediol (9.48 x CQ). Police also found 0.3g of
Sentence appeal methylamphetamine, 2.5g of MDMA, and a Medicare card and a
dismissed NPP – 18 months Handling stolen credit card in a false name.
(1 year 6 months) goods (3 months)
[2023] VSCA 63 Offender – prior convictions for dishonesty and drug offences, 31y
Possession of a drug male, on CCO at time of offending, drug use, family support,
summarised in of dependence x 2 (1
Trafficking in a character references, assistance to authorities, rehabilitation
month x 2) programs, delay, clean drug screens, impact of Covid-19, relatively
drug of
dependence – good prospects of rehabilitation.
Court of Appeal
recent cases

DPP v Loveday 36 months (3 Trafficking in a drug G Offending – O was a passenger in a vehicle driven by his friend F. F
[2018] VCC 1461 years) of dependence x 2 (2 was pulled over by police and consented to a police search of her car.
imprisonment years 3 months, 1
year 6 months) The police search of the car located O’s duffel bag which contained:
NPP – 18 months
(1 year 6 months) Possess a drug of  Drug paraphernalia;
dependence x 3 (6  10 Alprazolam tablets;
months, 4 months, 1  260g Methylamphetamine (81%-93% pure) (0.34 x LCQ,
month) 1.04 x CQ);
 83g Cocaine (18% pure) (0.08 x LCQ, 0.16 x CQ);
Negligently possess  7.9g GHB;
proceeds of a crime  1.2g heroin; and
(6 months)
 $7,000.00 cash.
Committing an
O was on bail at the time of offending.
indictable offence
while on bail (1 Offender – prior convictions for breach, drug and property offences,
month) 21y male, difficult childhood, on bail at time of offending,
intellectual disability, increased custodial burden, alcohol and drug
use, physical health condition, acquired brain injury, youthful
offender, family support, character references, intermittent work
history, admissions to police, guarded prospects of rehabilitation.

DPP v Hynes 36 months (3 Trafficking in a drug G Offending – A police search of O’s premises located:
[2019] VCC 2013 years) of dependence (2
imprisonment years)  two air-rifles and a shortened bolt-action rifle, stored under
O’s bed;
NPP – 18 months Possession of a  a shortened 410 shotgun and ammunition, stored in a shed;
(1 year 6 months) traffickable quantity  a collapsible baton;
of firearms (1 year 6  $4,255 cash;
months)  approximately 69.88g of methylamphetamine (0.28 x CQ,
Knowingly dealing 0.09 x LCQ); and
with proceeds of  a mobile phone which contained evidence that O was
crime (1 year) trafficking 3 ounces of methylamphetamine per day.

Unlicenced person O was on bail at the time of offending and was not supposed to be
storing firearm in an residing at the address where he was found.
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insecure manner (6 Offender – prior convictions for breach, driving, drug and similar
months) offences, 28y male, on CCO at time of offending, on bail at time of
offending, motivated by financial need, drug use, family support, first
Possession of a time in adult custody, rehabilitation programs, billet, bikie, work
prohibited weapon available on release, reasonable prospects of rehabilitation.
(1 month)
Committing an
indictable offence
while on bail (1
month)
Contravention of a
condition of bail (1
month)

Sinclair [2017] 36 months (3 Trafficking in a drug G (early) Offending – O ordered 1-Phenyl-2-Nitropopene (1P2NP) online to be
VCC 570 years) of dependence delivered to his parents’ house. Police intercepted the package and
(rolled up) (2 years 6 discovered 994g of 1P2NP.
NPP – 18 months months)
(1 year 6 months) O later registered an account with a laboratory supply company and
Possess substance, ordered various types of litmus paper, three conical stoppers, and
materials, three thermometers for use in a clandestine laboratory.
documents or
equipment for O also purchased two 240ml bottles of sassafras oil from an
trafficking in a drug American company online, and had it delivered under the guise of the
of dependence package being a gift. Police intercepted the package and discovered
(rolled up) (1 year) that the substance was not a precursor chemical.

Possessing a O then purchased two bottles of Benzaldehyde online. Police

precursor chemical intercepted the package and discovered 446ml of Benzaldehyde.
(rolled up) (6 Police searched O’s house and discovered an extensive clandestine
months) laboratory with 400 items of related equipment, "a large number" of
Attempting to notes and literature relating to the manufacture of different drugs of
commit an indictable dependence, and precursor chemicals including:
offence (3 months)  4100ml of nitromethane;
 48.9g of mercuric chloride;
 359.9g of lithium aluminium chloride;
 1115.8g of 4-Amino-butanoic (GABA); and
 570ml of 4-Hydroxybutanoic acid (GHB).
Forensic analysis indicated that there was two occasions of
manufacture or attempted manufacture of methylamphetamine and
amphetamine.
Separately, police searched O’s garage and discovered other
precursor chemicals:
 100.9g magnesium;
 44.7g iodine; and
 2023.7g ammonia.
Lack of sophistication. Deliberate criminal conduct in haze of drug
addiction.
Offender – prior convictions for dishonesty and driving offences,
motivated by financial gain, motivated to support drug habit, 44 y
male, victim of childhood family violence, drug use, adjustment
disorder

DPP v Loh [2019] 36 months (3 Attempting to G (early) Offending – O1 and O2 arrived in Australia on tourist visas. Shortly
VCC 1731 years) traffick in a drug of afterwards border force officers intercepted a package addressed to
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Offender 1 imprisonment dependence x 2 (3 O1, which contained 250.6g of 87-88% pure methamphetamine (1 x
years, 2 years) CQ, 0.33 x LCQ) and 98g of 69-72% pure ketamine (0.2 x CQ, 0.1 x
NPP – 18 months LCQ). A controlled delivery was made during which O1 and O2 were
(1 year 6 months) arrested.
Offender 1 – no prior convictions, male offender, motivated by
financial need, increased custodial burden, good work history, carer
for family, extra-curial punishment, limited English skills, isolation in
custody, completion of courses, billet, likelihood of deportation, not
principal, employment available on release, good prospects of
rehabilitation.

DPP v Loh [2019] 36 months (3 Attempting to G (early) Offending – Offending – O1 and O2 arrived in Australia on tourist
VCC 1731 years) traffick in a drug of visas. Shortly afterwards border force officers intercepted a package
imprisonment dependence x 2 (3 addressed to O1, which contained 250.6g of 87-88% pure
Offender 2 years, 2 years) methamphetamine (1 x CQ, 0.33 x LCQ) and 98g of 69-72% pure
NPP – 18 months ketamine (0.2 x CQ, 0.1 x LCQ). A controlled delivery was made
(1 year 6 months) during which O1 and O2 were arrested.
Offender 2 – no prior convictions, male offender, difficult childhood,
increased custodial burden, character references, good work history,
carer for family, extra-curial punishment, limited English skills,
isolation in custody, completion of courses, billet, likelihood of
deportation, not principal, employment available on release, good
prospects of rehabilitation.

DPP v Topal 36 months (3 Trafficking in a drug G Offending – O was a deliveryman for a trafficking syndicate. He
[2019] VCC 430 years) of dependence collected supply from a coffee machine filter. Total quantity
imprisonment delivered was 819.5g of mixed cocaine (1.64 x CQ, 0.82 x LCQ).
Sentence appeal
dismissed NPP – 12 months O sentenced on basis that he played an essential role in a
(1 year) sophisticated syndicate and was responsible for delivery and
[2019] VSCA 430 collecting money over several months.
summarised in Offender – no prior convictions, 33y male, motivated by drug use,
Trafficking in a depression, anxiety, increased custodial burden, drug use, family
drug of support, character references, good work history, carer for parents,
dependence – parity, remorse, completion of courses, clean drug screens, runs
Court of Appeal family business, insight gained, high moral culpability, very good
recent cases prospects of rehabilitation.

DPP v Taylor 36 months (3 Trafficking in a drug G Offending – O co-owned a sports medicine clinic with his wife CO1
[2022] VCC 1313 years) of dependence and a clinic staff member CO2. Over 10 months O trafficked
imprisonment – testosterone, methandienone, stanozolol, methenolone, nandrolone
wholly suspended and prasterone via the clinic. O obtained drugs from pharmacies
for 36 months (3 using illegitimate prescriptions written by the clinic’s consultant
years) physician. O also sold repackaged drugs he imported from China. O,
CO1 and CO2 also administered drugs intravenously.
A police search of O’s clinic and home located:
 testosterone;
 methandienone;
 stanozolol;
 methenolone;
 nandrolone;
 prasterone;
 152 undispensed prescriptions;
 orders and invoices for prescribed drugs;
 sales book of the clinic; and

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 vials with counterfeit labels.

Offender – prior convictions for dishonesty and drug offences,
imprisonment Verdins, 52y male, difficult childhood, mental health
issues, depression, anxiety, PTSD, ADHD, unspecified personality
disorder, increased custodial burden, alcohol use, drug use, acquired
brain injury, family support, good work history, delay, totality,
impact of Covid-19, moderate risk of re-offending, rehabilitation
efforts.

Verschaeren 34 months (2 Trafficking in a drug G (early) Offending – O imported one litre of hypophosphorous acid, a
[2017] VCC 2005 years 10 months) of dependence precursor chemical, and attempted to import more on three other
occasions. O also purchased scientific glassware, and had contacted
NPP - 18 months unknown associates discussing the manufacturing and sale of
(1 years 6 months) methylamphetamine.
Police searched O’s house and discovered 106.2g of
methylamphetamine (0.21 x CQ), and other chemicals, glassware and
drug paraphernalia.
Offender - prior convictions for drug, driving and dishonesty
offences, subsequent convictions for driving offences, imprisonment
Verdins, 29y male, on suspended sentence at time of offending, on
CCO at time of offending, lost opportunity for concurrency, difficult
childhood, victim of childhood family violence, mental health issues,
depression, anxiety, panic attacks, suicidal ideation, social anxiety
disorder, alcohol and drug use, family support, rehabilitation
programs, completion of courses, fair prospects of rehabilitation.

Pham [2017] 34 months (2 Trafficking in a drug G Offending – Police found O sleeping in his vehicle and searched him
VCC 683 years 10 months) of dependence x 2 (2 and the vehicle. The police discovered 83.5g of methylamphetamine
years 6 months, 12 with 82-88% purity (0.17 x CQ), 28.7g of heroin of 78% purity (0.06
NPP – 18 months months) x CQ), and $102,406 in cash. Messages on O’s phone indicated that
(1 year 6 months) he was involved in trafficking.
Offender – on CCO at time of offending, on bail at time of offending,
prior convictions for dealing, drug and driving offences, 32 y female,
drug use, depression, delay, totality, rehabilitation programs, cloudy
prospects of rehabilitation

DPP v Tomazic 34 months (2 Trafficking in a drug G (early) Offending – O via telephone discussed purchasing and selling various
[2020] VCC 766 years 10 months) of dependence x 3 (2 drugs, including ecstasy and methamphetamine with CO. CO was an
imprisonment years 4 months, 18 under police surveillance at the time and O and CO’s phone calls
months, 16 months) were intercepted.
NPP – 14 months
(1 year 2 months) Dealing with Later, police executed a search warrant at O’s residential premises
property suspected where they located:
$1500 fine of being proceeds of
crime (4 months)  items related to drug trafficking;
Possession of a drug  over $15,000 cash;
of dependence x 2  ammunition which was not stored correctly;
(aggregate sentence  304.2g of mixed ecstasy (0.61 x CQ, 0.3 x LCQ);
– $1,200 fine)  104.4g of mixed ketamine (0.21 x CQ, 0.1 x LCQ);
 57.4g of mixed cocaine (0.11 x CQ, 0.06 x LCQ); and
Failing to correctly  an unspecified amount of cannabis.
store ammunition
($300 fine) O sentenced on the basis that he was trafficking ecstasy, ketamine,
and cocaine for a period of approximately twelve months and that
some of the drugs in O’s possession were also for personal use.
Offender – no prior convictions, prior offending for driving offences,

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subsequent offending for driving offences, imprisonment Verdins,

27y male, adherence to bail conditions, motivated by financial gain,
motivated by drug use, mental health issues, depression, PTSD,
increased custodial burden, drug use, physical health condition,
traumatic childhood injury, youthful offender, family support,
character references, good work history, delay, totality, remorse,
admissions to police, impact of Covid-19, favourable prospects of
rehabilitation.

Aprianto [2017] 33 months (2 Trafficking in a drug G Offending – Police searched O’s car and a house and discovered a
VCC 869 years 9 months) of dependence (2 clandestine drug laboratory that was used for the manufacture of
years 6 months) methylamphetamine, a small loaded handgun, a quantity of
NPP – 21 months unlicensed ammunition, and an unregistered sawn off .22 rifle. An
(1 year 9 months) Possessing unlisted amount of drugs, including diacetylmorphine, were also
unregistered general discovered on the premises.
category handguns
(9 months) O had been contacted and allowed to live there to look after the place.
O was involved in the manufacture process.
Possession of a drug
of dependence ($500 Offender – no prior convictions, likelihood of deportation, family
fine) support, completion of courses, drug use.
Possessing cartridge
ammunition ($500
fine)

DPP v Grech 33 months (2 Trafficking in a drug G Offending – A police search of O’s car located acetone, an acetone
[2022] VCC 220 years 9 months) of dependence (2 bowl, a mobile phone and 71.1g of methylamphetamine (0.28 x CQ,
imprisonment years 7 months) 0.09 x LCQ). Analysis of O’s mobile revealed that he had stolen a
vehicle and driven it while on a suspended license.
NPP – 20 months Theft (4 months)
(1 year 8 months) A subsequent police search of O’s person and premises located one
Dealing with vial of testosterone, and $2,510 cash.
18 months (1 year property suspected
6 months) licence of being the Offender – prior convictions for dishonesty, drug, weapons, violence
disqualification proceeds of crime (4 and manslaughter offences, subsequent offending for breach,
months) dishonesty, drug and violence offences, 63y male, difficult childhood,
Bugmy principles applied, mental health issues, depression, anxiety,
Driving while drug use, physical health condition, acquired brain injury, family
suspended (2 support, delay, remorse, assistance to authorities, impact of Covid-19,
months) guarded prospects of rehabilitation.
Possession of a drug
of dependence (1
month)

DPP v Karazisis 32 months (2 Trafficking in a drug G (early) Offending – O1, O2 and CO1-CO2 were members of a drug
[2021] VCC 525 years 8 months) of dependence (2 syndicate which was under police surveillance. The offenders used
imprisonment years) encrypted messaging applications to communicate with undercover
Offender 2
NPP – 22 months Possession of an police operatives PCO1 and PCO2 regarding the sale of
(1 year 10 unregistered general methylamphetamine and firearms.
months) category handgun; Over approximately three months O1 sold 157.5g of
and
36 months (3 methylamphetamine (0.63 x CQ, 0.21 x LCQ) to PCO1 and PCO2.
years) licence Disposal of a general
Over approximately two months O2 sold 87.8g of
disqualification category handgun
(aggregate sentence - methylamphetamine (0.35 x CQ, 0.12 x LCQ) to PCO1 and PCO2.
18 months) On one occasion O2 sold PCO1 and PCO2 a sawn-off shotgun for
Driving while $1,200 cash. Following this O2 discussed having 13 other firearms
disqualified (2 available for purchase.
months)
A police search of O1 and O2’s premises and O2’s person located a
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Possession of a flick knife. During the search O2 failed to cooperate with police by
prohibited weapon refusing to provide the password to his phone.
(7 days)
O2 was sentenced on the basis that his role was one of
communications and selling of the drugs and firearms.
Offender 2 – prior convictions for dishonesty, driving and drug
offences, 35y male, drug use, family support, completion of courses,
clean drug screens, billet, impacts of Covid-19, guarded prospects of
rehabilitation.

DPP v Conway 32 months (2 Trafficking in a drug G Offending – Australian Border Force (ABF) officers intercepted a
[2022] VCC 1719 years 8 months) of dependence x 2 (2 package with O’s name and address attached. The package contained
imprisonment - years, 18 months) 341.5g of 97.2% pure gamma-butyrolactone (GBL) in liquid form
release on RRO (0.34 x CQ, 170.75 x MQ). Analysis of O’s mobile phone confirmed
after 15 months (1 Importing that O was tracking the arrival of the package.
year 3 months) marketable quantity
of border controlled Two subsequent searches of O’s home located the following drugs:
14 months (1 year drug (18 months)
2 months) RRO:  60g of pure methylamphetamine (1.2 x CQ, 0.12 x LCQ);
Negligently dealing
- $2500 (surety) with proceeds of  49.5g of ketamine (0.1 x CQ, 0.05 x LCQ);
crime (6 months)  27.2g of cocaine with a purity of 48-50%;
- Good behaviour
Committing an  44g of cannabis; and
$250 fine indictable offence
while on bail (2  20 valium tablets.
months)
Police located evidence of O trafficking methylamphetamine, cocaine
Possession of a drug and ketamine in two notebooks and three mobile phones found during
of dependence x 2 (1 the search. O was also in possession of $7,125 in cash and a watch
month, $250 fine) worth between $40,000 - $60,000, both being the proceeds of crime.
Additionally, O was on bail at the time of offending.
Offender – prior convictions for driving and drug offences,
subsequent convictions for drug offences, 29y male, on bail at time of
offending, motivated by drug use, drug use, family support, character
references, totality, remorse, rehabilitation programs, clean drug
screens, Akoka time, impact of Covid-19, reasonable prospects of
rehabilitation.

Naidu [2017] 32 months (2 Trafficking in a drug NG on Offending – O was involved in trafficking three types of drugs with
VCC 557 years 8 months) of dependence x 3 import multiple transactions. O would obtain drugs from a supplier and resell
(aggregate sentence offence them at a profit mostly to friends and acquaintances, as well as
NPP – 12 months – 2 years) obtaining them for his own use.
(1 year) G on all
Attempt to import a others O organised where to meet clients and pick up drugs, and gave advice
6 months RRO: border controlled about the drug market, prices, multiple varieties and sales tips, and
- Good Behaviour drug (Cth) (12 was in contact with suppliers. O trafficked unknown quantities of
months) MDMA, cocaine and LSD for fourteen, twelve and seven months
- $1000 security respectively.
Procuring the
conduct of another O also attempted to facilitate the process of importing drugs from
to deal with money overseas by advising on different post office box addresses, the
reasonably suspected quality of certain overseas drugs, the best way to avoid detection and
of being proceeds of getting others engaged in the drug trade.
crime (Cth) (6
months) O also assisted a dealer (CO) who was involved in importing drugs
from overseas by recruiting four friends to use their identities in
sending money overseas. O would drive his friends to different banks
and help them in sending $9000 per transaction. In total, $36,000 was
sent overseas and O was paid $800 for the four transactions.

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Offender – no prior convictions, 24 y male, good prospects of

rehabilitation, depression, anxiety, PTSD, time in custody more
burdensome due to mental health problems, drug use, rehabilitation
programs.

DPP v Leighton 31 months (2 Trafficking in a drug G (early) Offending – O in breach of a personal safety intervention order got
[2021] VCC 2163 years 7 months) of dependence (2 into an acquaintance V’s car.
imprisonment years 3 months)
Later, police intercepted V’s car. A police search of O’s person
NPP – 18 months Dealing with located $8,152 cash suspected of being proceeds of crime, two
(1 year 6 months) property suspected mobile phones analysis of which indicated that O had sold drugs over
of being proceeds of approximately two weeks, and 109.4g of methylamphetamine (0.44 x
crime (6 months) CQ, 0.15 x LCQ).
Breach of a personal Offender – prior convictions, 37y male, mental health issues,
safety intervention intellectual disability, low IQ, alcohol and drug use, homelessness,
order (3 months) delay, completion of courses, impact of Covid-19.

DPP v Kumas 31 months (2 Trafficking in a drug G (early) Offending – O while drug affected was found by police asleep in his
[2022] VCC 1591 years 7 months) of dependence (2 car at a set of traffic lights. Two police officers, V1 and V2,
imprisonment years) attempted to speak to O, with V1 placing his foot on the car’s brake
to prevent it from rolling. O ran from the car and was tackled by V1,
NPP – 16 months Resisting an and pepper sprayed by V2. O violently resisted arrest, punching V1
(1 year 4 months) emergency worker and V2 several times. V1 called for backup, and it eventually took six
on duty x 2 (18 police officers, including an off-duty policewoman who was nearby,
24 months (2 months, 12 months)
years) licence to arrest and subdue O.
disqualification Knowingly dealing Police located 60.1g of 83% pure methylamphetamine (0.24 x CQ,
with proceeds of 0.08 x LCQ) in O’s car, along with a set of scales and $3,185 cash. A
$300 fine crime (12 months) subsequent search of O’s home located a small amount of cannabis.
Driving under the Offender – prior convictions for driving, drug, weapons and violence
influence of drugs (6 offences, subsequent convictions for driving and drug offences, 36y
months) male, on CCO at time of offending, motivated by drug use, drug use,
Unlicensed driving family support, character references, good work history, carer for
(1 month) children, totality, rehabilitation programs, impact of Covid-19,
sceptical prospects of rehabilitation.
Possession of a drug
of dependence ($300
fine)

DPP v Pout 30 months (2 Trafficking in a drug G (early) Offending – A police search of O’s vehicle located 217.4g of
[2022] VCC 631 years 6 months) of dependence methamphetamine (0.87 x CQ, 0.29 x LCQ), a set of scales, a glass
imprisonment pipe, a mobile phone and $9221.70 cash.
NPP – 21 months Offender – prior convictions for drug offences, subsequent
(1 year 9 months) convictions, 45y male, drug use, character references, homelessness,
physical health condition, type I diabetes, completion of courses,
position of responsibility in custody, clean drug screens, impact of
Covid-19, guarded prospects of rehabilitation.

DPP v Reilly 30 months (2 Trafficking in a drug G (early) Offending – Over approximately 35 days, O used encrypted
[2021] VCC 751 years 6 months) of dependence x 2 messaging applications to communicate with undercover police
imprisonment (24 months, 9 operatives PCOs. On three occasions O sold an unspecified amount
months) of methylamphetamine to the PCOs.
NPP – 21 months
(1 year 9 months) Prohibited person in On another occasion O offered to sell the PCOs 28g of
possession of a methylamphetamine (0.11 x CQ, 0.04 x LCQ) for $8,500. When O
$1000 fine firearm (15 months) arrived at the meeting location he was arrested and found to have
27.5g of methylamphetamine (0.11 x CQ, 0.04 x LCQ) and $1,045.60
Dealing with cash.
property suspected

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of being proceeds of A subsequent police search O’s premises located:

crime (2 months)
 44.8g of methylamphetamine (0.18 x CQ, 0.06 x LCQ);
Possession of a drug
of dependence
 843.8g of 1,4-butanediol (0.42 x CQ, 0.04 x LCQ);
(rolled-up) ($500  an unspecified amount of various other prescription drugs for
fine) which O did not have a prescription;
Possession of a  a minute amount of cannabis;
prohibited weapon  a set of knuckle dusters;
without exemption  a .22 rimfire homemade action revolver;
or approval ($250
fine)
 32 .22 calibre revolver ammunition cartridges; and
 Over $12,000 cash suspected of being proceeds of crime.
Possession of
cartridge Offender – prior convictions for drug, dishonesty and weapons
ammunition without offences, imprisonment Verdins, 29y male, motivated by financial
a licence or permit gain and drug use, on CCO at time of offending, mental health issues,
($250 fine) depression, anxiety, drug induced psychosis, dyslexia, drug use,
family support, good work history, remorse, rehabilitation programs,
completion of courses, impact of Covid-19, reasonable prospects of
rehabilitation.

Batten [2018] 30 months (2 Trafficking in a drug G (early) Offending – O was a member of a drug syndicate.
VCC 1428 years 6 months) of dependence (2
imprisonment years) Over approximately six weeks, O assisted the leader of the syndicate
CO to sell, deliver and receive payment for amphetamines. In total O
NPP – 20 months Prohibited person trafficked 10 ounces of methylamphetamine (1.13 x CQ, 0.38 x
(1 year 8 months) possessing a firearm; LCQ).
$2000 fine Using an On one occasion, O took possession of a stolen sawn-off shotgun. O
unregistered then purchased ammunition for the gun and fired a shot into a parked
category handgun; car.
and
O was on bail at the time of offending. O on two occasions failed to
Handling stolen answer this bail.
goods (aggregate
sentence - 12 O also committed several summary offences, the details of which are
months) unknown.

Commit an Offender – no prior convictions, 29y male, on bail at time of

indictable offence offending, difficult childhood, motivated by financial gain, mental
while on bail x 2; health issues, ADHD, drug use, protection in custody, rehabilitation
programs, completion of courses, clean drug screens.
Failure to answer
bail x 2;
Possess a schedule 8
poison x 2;
Damage property;
Exceed speed limit;
Use unregistered
motor vehicle;
Drive while
disqualified;
Possess cartridge
ammunition;
Possess a schedule 4
poison; and

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Contravene a
conduct condition of
bail (aggregate
sentence - $2000
fine)

DPP v Palmer 30 months (2 Trafficking in a drug G (early) Offending – O and CO lived together at O’s premises.
[2018] VCC 2262 years 6 months) of dependence x 2 (2
imprisonment years, 3 months) On thirteen occasions over approximately four months, O and CO
sold cannabis to a police covert operative PCO in quantities ranging
NPP – 20 months Possession a firearm from 3.03g to 29.7g. In total O sold PCO 214.58g of cannabis (0.01 x
(1 year 8 months) while being a CQ) in exchange for $2,290 cash and 5 boxes of soft drink.
prohibited person x
$250 fine 2 (6 months x 2) On two occasions over approximately one week, O also sold
methylamphetamine to PCO. In total O sold PCO 1.7g of
Possession of methylamphetamine (0.01 x CQ) in exchange for $650 and a box of
cartridge soft drink.
ammunition without
a licence ($250 fine) Subsequent police surveillance over one week revealed that O and
CO engaged in at least 223 cannabis transactions with multiple
customers.
On one occasion, O took PCO to purchase a .22 calibre bolt action
rifle for $1000 cash from an acquaintance.
Two weeks later, PCO returned to O’s premises and asked for a
second gun as the first did not work properly. O then took PCO to
another acquaintance from whom PCO purchased a homemade single
shot pistol in exchange for $400 cash. The following day O took PCO
to a property where O obtained twelve .22 calibre ammunition
rounds, which he gave to PCO in exchange for a box of soft drink.
Separately, a police search of O’s premises located 113.7g of
cannabis in small snap-lock bags and two stolen number plates
belonging to CO.
Offender – prior convictions for breach, dishonesty, drug, property
and weapons offences, 50y male, difficult childhood, victim of
childhood family violence, on CCO at time of offending, mental
health issues, antisocial personality disorder, borderline intellectual
functioning, intellectual disability, drug use, character references,
remorse, limited literacy, rehabilitation programs, completion of
courses, clean drug screens, letter to court, position of responsibility
in prison, victim of childhood institutional abuse, extremely guarded
prospects of rehabilitation.

DPP v Lawson 30 months (2 Trafficking in a drug G (early) Offending – Police located O asleep at the wheel of his car, stationary
[2022] VCC 2029 years 6 months) of dependence (2 at an intersection. A search of O’s person and car located a total of
imprisonment years 5 months) 108.3g of methylamphetamine, 91g of which was pure (0.43 x CQ,
0.14 x LCQ). The methylamphetamine was divided into multiple
NPP – 20 months Dealing with small plastic bags. Police also located $6,435 cash, suspected of
(1 year 8 months) property suspected being the proceeds of crime.
of being the
proceeds of crime (3 O was on bail at the time of offending.
months)
Offender – prior convictions for breach, driving and drug offences,
Committing an 30y male, difficult childhood, victim of childhood family violence,
indictable offence victim of childhood sexual assault, on bail at time of offending,
while on bail (1 mental health issues, PTSD, drug use, impact of Covid-19.
month)

Searl [2017] VCC 30 months (2 Trafficking in a drug G (early) Offending – O was pulled over by police while driving, acting
732 years 6 months) of dependence (2 nervously and concealing something in the vehicle. Police searched
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NPP – 18 months years 6 months) the vehicle and discovered 22.53 kg of cannabis (0.9 x CQ) packaged
(1 year 6 months) and secreted in two suitcases, and 0.5g of methylamphetamine
Possessing a drug of crystals in O’s backpack.
$1000 fine dependence (6
months) O was also driving under the influence of methylamphetamine. O was
3 months license under financial need due to his drug debt and was transporting the
disqualification Driving while over cannabis to pay a debt to his dealer.
the prescribed
concentration of Offender – motivated to finance drug use, prior convictions for
drugs ($1000 fine property offences, 38 y male, drug use, medium risk of reoffending.
and 3 months license
disqualification)

DPP v Johnson 30 months (2 Trafficking in a drug G (early) Offending – During a police patrol, a police officer noticed two
[2022] VCC 932 years 6 months) of dependence (2 motorbikes which appeared to have fraudulent registration plates
imprisonment years 6 months) affixed. The officer saw O and CO approach the motorbikes and
Sentence appeal searched them. O was found in possession of 114.6 grams of
dismissed NPP – 16 months Dealing with methylamphetamine (0.46 x CQ, 0.15 x LCQ), a small quantity of
(1 year 4 months) property suspected ecstasy and $690 cash.
[2022] VSCA 228 of being the
$1800 fine proceeds of crime (2 Offender – prior convictions for breach, drugs, weapons and violence
summarised in
Trafficking in a months) offences, 31y male, difficult childhood, victim of childhood family
drug of violence, completion of CISP, drug use, character references totality,
Fraudulently using remorse, letter to court, impact of Covid-19, guarded prospects of
dependence – registration plates;
Court of Appeal rehabilitation.
recent cases Using an
unregistered motor
vehicle;
Failing to display
plates; and
Using a vehicle
displaying a
representation of a
numberplate
(aggregate sentence -
$1,500 fine)
Possession of a drug
of dependence
($300)

Warren [2017] 30 months (2 Trafficking in a drug G (early) Offending – O was involved in trafficking methylamphetamine as
VCC 708 years 6 months) of dependence (2 part of an organised syndicate. Over 5 months, O met her supplier on
years) seven occasions and trafficked 280g of methylamphetamine in total
NPP – 13.12 (0.56 x CQ).
months (399 days) Knowingly dealing
with the proceeds of Police searched O’s house and discovered 22.6g of
crime (12 months) methylamphetamine, drug paraphernalia, and a smartphone with
evidence of 24 persons either facilitating the sale of drugs, arranging
Possessing a firearm the collection of drugs or payment of drugs. There was also a video
as a prohibited of O using methylamphetamine. O refused to provide the PIN to the
person (6 months) smartphone when requested by police.
Failing to provide Police also discovered a container of Ritalin capsules and six blister
information (6 packs, a dagger, a homemade pistol and five .22 calibre rounds of
months) ammunition, a stolen tablet, a laser pointer, and $315 in cash
Possessing a drug of suspected of being the proceeds of crime.
dependence (1 Mid-range dealer in methylamphetamine. Ritalin found was not for
month) trafficking but O was minding it for another person.

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Possessing a Offender – prior convictions for dishonesty, violence, drug and

controlled weapon driving offences, subsequent charges for property offences, 35 y
(1 month) female, drug use, complex medical and mental health issues, chronic
pain, physical condition, reduction of moral culpability, difficult
Possessing a childhood, family reunification order, completion of courses,
prohibited weapon rehabilitation programs, family support, high risk of reoffending,
(1 month) reasonable prospects of rehabilitation.
Using a drug of
dependence (1
month)
Dealing with
property suspected
of being the
proceeds of crime
(14 days)

Leonidas [2017] 30 months (2 Attempting to traffic G (early) Offending – O researched, purchased laboratory equipment materials
VCC 613 years 6 months) a drug of and chemicals online, and set up a laboratory to produce
dependence (2 years methylamphetamine. O purchased two 500 ml bottles of
NPP – 13 months 6 months) hypophosphorous acid and made a false declaration in order to do so.
(1 year 1 month) O also purchased ephedrine from India. The package was intercepted
Possession of a drug by police containing 508.5g of gross ephedrine of varying quality,
$200 fine of dependence ($200 with 415.9g pure in total (4.15 x CQ, 0.55 x LCQ).
fine)
O was arrested and a small amount of cannabis was located on his
Importing Tier 1 property.
products without
approval (Cth) Offender – motivated by financial need, imprisonment Verdins, no
(discharge without prior convictions, 31 y male, physical condition, moderate
conviction) generalised anxiety disorder, past drug use, mental instability,
depression, schizotypal personality, character references, remorse,
good prospects of rehabilitation, double punishment

Walker & Hannah 30 months (2 Trafficking in a drug G (early) Offending – O1 and O2 on-sold heroin that came from Sydney and
[2016] VCC 142 years and 6 of dependence (2 was provided to O1 and O2 by a co-offender. 728 g of heroin was
months) years and 6 months); purchased (1.46 x CQ; 0.73 x LCQ). $100,000 spent on drugs by O1
Offender 2 and over 3 - 4 months. Money was O1’s and compiled from a number of
Offender 1 NPP – 8 months Possession of a drug persons for whom she was buying. O2 was responsible for a
located in of dependence (x 2) maximum purchase of 448 g (0.9 x CQ) out of total 728 g. No
Trafficking a drug (2 months x 2). certainty as to how much was on-sold. Considerable amount of
of dependence in purchased drugs consumed by offenders. Possession of heroin and
a commercial methylamphetamine not for trafficking purposes. At a lower
quantity hierarchy in trafficking offending.
Offender 2 - Prior convictions regarding offending that was
committed in drug milieu, 44 y male, drug use, in a relationship with
O1, no financial motive apart from satisfying drug addiction, first
time in custody, gap in offending, injuries sustained at work, delay.

DPP v Blight 29.03 months (2 Trafficking in a drug G (early) Offending – O was intercepted by police driving while his licence
[2022] VCC 2378 years 5 months of dependence x 2 was disqualified. Four days later, O was again intercepted sitting in
and 1 day) (12 months, 9 an unregistered car with false number plates attached. O ignored
imprisonment months) police requests for him to turn off the engine and instead drove away
from the officer at a high speed. O then struck two other cars and
NPP – 19 months Dangerous driving x continued to drive away from police. The car was subsequently
(1 year 7 months) 3 (6 months, 4 located after being set on fire.
months x 2)
48 months (4 Around a month later, O was again intercepted driving while
years) licence Driving while disqualified and under the influence of methylamphetamine. Police
disqualification disqualified x 6 (4 located a small knife in O’s vehicle.

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$4,000 fine months, 3 months x A few months later, police attempted to intercept a stolen car in
4, 2 months) which O was a passenger. The car slowed down, and O exited the car.
A search of O’s person located 1.18g of methylamphetamine. A
Theft of a motor subsequent search of O’s home located 1,858g of 1,4-butanediol
vehicle (4 months) (0.93 x CQ, 0.09 x LCQ) and $2,770 cash, suspected of being the
Dealing with proceeds of crime.
property suspected A few months later, O was the passenger in a car he had stolen. The
of being the driver CO, drove dangerously and entered the wrong lane at high
proceeds of crime (3 speeds. O was in breach of a curfew condition of his bail during this
months) offending.
Failing to comply Approximately eight months later, O drove an unregistered
with a direction to motorcycle, while disqualified, at high rates of speed. A few months
stop x 2 (2 months x later, O was intercepted again driving an unregistered motorcycle,
2) while unlicensed, in violation of his curfew condition of bail.
Knowingly dealing Around six months later, O, while disqualified, drove dangerously,
with the proceeds of causing several near misses with other cars, when he lost control of
crime (1 month) his car and crashed into a street sign.
Possession of a Police pursued O after observing him driving a motorcycle, while
controlled weapon unlicensed, with a concealed number plate. O accelerated away from
(1 month) police and, while travelling on the wrong side of the road, struck a car
Committing an being driven by V. O ran from the scene. A subsequent search of O’s
indictable offence backpack and person located:
while on bail x 3 (1
 a flick knife;
month x 3)
 a total of 72g of methylamphetamine (0.29 x CQ, 0.1 x
Possession of a LCQ) divided into small bags;
prohibited weapon  36.7g of 1,4-butanediol; and
(1 month)  $2,371 cash being the proceeds of crime.
Contravention of a
O was on bail and in breach of his curfew conditions at the time of
conduct condition of
offending.
bail x 3 (1 month x
2, 14 days) Offender – prior convictions for breach, dishonesty, driving and drug
offences, 30y male, intoxicated at time of offending, on CCO at time
Possession of a drug
of offending, on bail at time of offending, alcohol and drug use,
of dependence x 2
family support, character references, good work history, parity,
(14 days, $300 fine)
totality, remorse, rehabilitation programs, completion of courses,
Failing to stop after clean drug screens, letter of apology, Renzella time, impact of Covid-
a motor vehicle 19, guarded prospects of rehabilitation.
accident x 2 ($800
fine, $600 fine)
Driving an
unregistered motor
vehicle x 3 ($300
fine x 3)
Displaying false
number plates ($150
fine)
Driving under the
influence of drugs
($750 fine)
Unlicensed driving
($500 fine)

Anderson; 28 months (2 Trafficking in a drug G (early) Offending – O1 trafficked three types of amphetamine over 5 months
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Azzopardi [2016] years and 4 of dependence x 2 (2 and cocaine on two occasions. O2 trafficked methylamphetamine and
VCC 2071 months) years ; 1 year). methoxyamine over 5 months. O1 and O2 provided undercover
operatives with ecstasy on several occasions with total sales
Offender 2 NPP – 14 months amounting to $8,150. O1 provided operatives with ecstasy on further
(1 year and 2 occasions. In total O1 involved in 14 transactions of 3420 tablets of
Offender 1 months)
located in ecstasy (total pure amount of 177 g - 1.77 x CQ; 0.23 x LCQ) and 2 g
Trafficking a drug of cocaine. Sales effected by O1 only amounted to $41,130. O2 also
of dependence in involved in on-sale of 1500 ecstasy tablets to co-offenders on two
a commercial occasions, and sale of 2 g of cocaine to two co-offenders for $1000.
quantity In total O2 trafficked 2150 ecstasy tablets with purity between 16% -
25% (total pure amount of 33 g - 0.33 x CQ). Os acting as middle
men by supplying street levels of ecstasy and cocaine to street
dealers. Somewhat detailed operation.
Offender 2 – Limited prior convictions, subsequent convictions, 26 y
male, support of family, education difficulties, work history, drug
use, serving sentence for subsequent convictions, totality.

DPP v Rafiq 27 months (2 Trafficking in a drug G (early) Offending – O while unlicensed and driving an unregistered car was
[2022] VCC 1625 years 3 months) of dependence (27 intercepted by police. During a search of O’s car, police located:
imprisonment months)
 7.4g of Testosterone and Drostanolone;
NPP – 18 months Possession of drug  8.1g of Testosterone and Trenbolone;
(1 year 6 months) of dependence x 3  6.7g of Testosterone;
($500 fine, $300  487.8g of cocaine (0.98 x CQ, 0.49 x LCQ) of which 43.9g
$1600 fine fine, $150 fine) was pure cocaine; and
Driving without a  3.2g of cannabis.
license ($500 fine) Upon arrest, police also located 1.0g of cocaine of which 0.1g was
Driving unregistered pure cocaine on O’s person.
car ($150 fine) A search of the three mobile phones found in O’s car located
messages and photographs discussing the sale and purchase of a
drugs.
Offender – prior convictions for driving, drug, property and similar
offences, 31y, male offender, drug use, family support, clean drug
screens, billet, impact of Covid-19, guarded prospects of
rehabilitation.

DPP v Cleasby- 27 months (2 Trafficking in a drug G (early) Offending – As a result of investigations by Border Force, and a
Jones [2019] years 3 months) of dependence x 2 (1 search of O’s father’s home, it was discovered that O had been
VCC 1487 imprisonment year x 2) trafficking drugs and selling weapons over a four month period, he
also made a highly volatile substance in an urban area and
NPP – 18 months Make explosive manufactured firearms.
(1 year 6 months) substances (1 year)
Offender – prior convictions for breach and weapons offences, 34y
32 penalty unit Manufacture male, motivated by financial gain, mental health issues, PTSD, drug
fine firearms (1 year) use, family support, character references, assistance to authorities,
Possession of a limited cognition and insight, social immaturity.
precursor chemical
(6 months)
Sell prohibited
weapon (6 months)
Possess a drug of
dependence x 2 (6
months, 10 penalty
units)
Possess prohibited

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weapon x 3 (3
months x 2, 1
month)
Use a drug of
dependence x 2 (3
months, 2 penalty
units)
Possession of a
narcotic plant (10
penalty units)
Possess cartridge
ammunition (10
penalty units)

DPP v Trinh 26 months (2 Trafficking in a drug G (early) Offending – O was a member of a criminal organisation which sold
[2022] VCC 192 years 2 months) of dependence; and heroin out of a pool hall managed by O. The pool hall and O were
imprisonment under police surveillance.
(time served) Knowingly dealing
with the proceeds of Over approximately one month, police observed O coming and going
30 months (2 crime (rolled-up) from the pool hall, talking with others about selling the drugs,
years 6 months) (aggregate sentence - restocking the drugs from outside the building, organising drug sales
CCO: 2 years 2 months and providing details on how to purchase the drugs from the pool
imprisonment and house.
- 300 hours 30 month CCO)
community A police search of the pool hall and four other premises linked to the
work offenders located 317g of heroin (1.27 x CQ, 0.42 x LCQ), five drug
sale ledgers and $172,338.70 cash.
- Mental health
assessment and Offender – prior convictions for dishonesty offences, 58y male
treatment offender, difficult childhood, Bugmy principles applied, refugee,
- Drug mental health issues, drug use, good work history, physical health
condition, carer for child, limited education, delay, reasonable
assessment and
prospects of rehabilitation.
treatment
- Supervision
- Judicial
monitoring

DPP v 26 months (2 Trafficking in a drug G (early) Offending – O was pulled over by Police while driving. A police
Govedarica years 2 months) of dependence (2 search of O’s car located:
[2018] VCC 1493 imprisonment years 2 months)
 9.3g cannabis
NPP – 16 months Possession of a drug  3.7g of MDMA
(1 year 4 months) of dependence x 3  1.4g of MDA
($200 fine x 2, $100  15 tablets of unauthorised poisons Sildenafil and Tadalafil;
$500 fines fine) and
Unauthorised  Other drug paraphernalia
possession of a O was arrested and taken to a police station. A subsequent search of
poison x 2 the police van O was transported in located a mixed quantity of
(convicted and methylamphetamine which contained 52.1g of pure
discharged x 2) methylamphetamine (1.04 x CQ, 0.1 x LCQ).
Offender – prior convictions for breach, dishonesty, driving and drug
offences, 36y male, refugee, motivated by financial need, mental
health issues, PTSD following witnessing of friend’s death in
custody, drug use, family support, good work history, remorse,
rehabilitation programs, completion of courses, billet, guarded
prospects of rehabilitation.

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DPP v Naidu 26 months (2 Trafficking drug of G (early) Offending – O while intoxicated drove into a parked vehicle. After
[2019] VCC 1488 years 2 months) dependence (1 year the collision, O’s car was searched, and police found:
imprisonment 6 months)
 1.1g of cannabis;
NPP – 16 months Conduct  104.5g of methylamphetamine (73g pure) (0.42 x CQ, 0.14 x
(1 year 4 months) endangering life (1 LCQ);
year)  0.8g of cocaine, diazepam, clonazepam, and naltrexone;
$200 fine
Possession of drug  drug paraphernalia;
of dependence (10  cash, various ID and bank cards suspected of being proceeds
months) of crime; and
 a knife.
Dealing with
property suspected On execution of a search warrant at O’s home, further property
of being the suspected of being proceeds of crime such as watches, and phones
proceeds of crime (3 were discovered.
months) Offender – prior convictions for breach, dishonesty, driving, drug and
Possession of a similar offences, 24y male, victim of childhood family violence,
prohibited weapon increased custodial burden, drug use, youthful offender, family
(14 days) support, good work history, remorse, admissions to police,
completion of courses, clean drug screens, likelihood of deportation,
Possession of a positive prospects of rehabilitation.
Schedule 4 poison
($200 fine)

DPP v Salazar 25 months (2 Trafficking in a drug Offending – A police search of O and her partner CO’s house
[2021] VCC 2125 years 1 month) of dependence x 2 located:
imprisonment (rolled-up x 1) (18
months, 12 months)  a .22 calibre rifle;
NPP – 13 months  a modified lever action shotgun;
(1 year 1 month) Possession of a  a gel blaster;
trafficable quantity  95 rounds of assorted ammunition;
$1200 fines of firearms (15  various identity documents in other people’s names;
months)  $6,680 cash;
Dealing with  a can of capsicum spray;
property suspected  23.2g of methylamphetamine (0.09 x CQ, 0.03 x LCQ);
of being proceeds of  780.8g of 1,4-butanediol (0.39 x CQ, 0.04 x LCQ);
crime x 2 (2 months,  2.0g of amphetamine;
$400 fine)  5.8g of MDMA (0.01x CQ); and
Possession of a drug  various prescription medications.
of dependence O sentenced on the basis that she was the principal offender.
(rolled-up) (1
month) Offender – prior convictions, subsequent offending, subsequent
convictions, general deterrence Verdins, specific deterrence Verdins,
Possession of moral culpability Verdins, imprisonment Verdins, 26y female,
cartridge difficult childhood, Bugmy principles applied, victim of childhood
ammunition while family violence, victim of childhood sexual abuse, mental health
unauthorised ($500 issues, depression, anxiety, PTSD, self-harm, suicidal ideations,
fine) alcohol and drug use, parity, admissions to police, impact of Covid-
Possession of a 19.
controlled weapon
($300 fine)

Vincent [2016] 24 months (2 Trafficking in a drug G (early) Offending – O sourced methylamphetamine and supplied it within
VCC 312 years) of dependence; small rural community over 2 months. O drug associate of most co-
Possession of a drug offenders in syndicate. O most trusted associate of principal offender
Appeal against NPP – 18 months of dependence; for whom O sold drugs and orchestrated collection of money from
sentence allowed (1 year and 6 Handling stolen drug sales. O also provided cutting agents and additional funds when
(specific error) months) goods; principal offender needed to pay suppliers. O’s premises used as safe

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[2016] VSCA 211 $777.20 fine Prohibited person house. When O was arrested police located 3 stolen shotguns that had
possess firearm; and been altered, 7 g of methylamphetamine, 1.5 ecstasy tablets, 7 g of
summarised in Possessing a cannabis, knuckleduster and cartridge ammunition. Mid to high range
Trafficking a drug prohibited weapon of overall offending. Prevalence of methylamphetamine.
of dependence – without exemption
Court of Appeal (aggregate sentence Offender – Prior weapon and drug convictions, past breaches of court
recent cases – 2 years). orders, gaps in offending, no subsequent convictions, no pending
matters, drug use, motivated in part by need to fund own habit, co-
Possessing cartridge operation, undertaking to give evidence, 34 y male, remorse, work
ammunition history, volunteer work, recent drug abstinence, determination to
($777.30). move away from area where offending occurred and break ties with
co-offenders, depression, support of family, friends and partner,
counselling, existence of rehabilitation prospects.

Smith [2018] 24 months (2 Trafficking in a drug G Offending – O trafficked in excess of 160g of methamphetamine
VCC 561 years) of dependence (18 (0.64 x CQ, 0.21 x LCQ). Police searched O’s premises and found a
imprisonment months); sawn-off single-barrel shotgun, and a small amounts of MDSM.
NPP – 17 months Prohibited person in Offender – prior unrelated convictions, 32y offender, moral
(1 year 5 months) possession of a culpability Verdins, general deterrence Verdins, specific deterrence
firearm (12 months); Verdins, imprisonment Verdins, mental health issues, depression,
anxiety, PTSD, bipolar disorder, adult ADD, sleep disorder, drug use,
Possess drug of character references, parity, protection in custody.
dependence (3
months); and
Possess cartridge
ammunition
(convicted and
discharge)

DPP v To [2020] 24 months (2 Trafficking in a drug G (early) Offending – A police search of O’s premises located a .22 calibre
VCC 1479 years) of dependence (1 rifle, an assortment of ammunition, two shotgun cartridges, and drug
imprisonment year 9 months) paraphernalia. O was not present at the time of the search.
NPP – 15 months Prohibited person in O was later arrested and detained in police cells. While in the police
(1 year 3 months) possession of a cell O had a conversation with an undercover police operative PCO,
firearm (9 months) during which O offered to sell PCO a sample of 3.5g of
$600 fine methylamphetamine (0.07 x CQ, 0.01 x LCQ) for $500. O and PCO
Committing an exchanged contact details.
indictable offence
while on bail (1 Later that day PCO contacted O to purchase 3.5g of
month) methylamphetamine for $500. O and CO met PCO and gave PCO
3.5g of 83% pure methylamphetamine (0.07 x CQ, 0.01 x LCQ).
Possession of
ammunition ($600 Five days later O sold PCO 28g of 79% pure methylamphetamine
fine) (0.11 x CQ, 0.04 x LCQ) for $3,300.
Eight days later O sold PCO 27.9g of 77% pure methylamphetamine
(0.11 x CQ, 0.04 x LCQ) for $3,100.
Eleven days later O sold PCO 27.8g of 73% pure
methylamphetamine (0.11 x CQ, 0.04 x LCQ) for $3,200.
Sixteen days later O sold PCO 27.8g of 71% pure
methylamphetamine (0.11 x CQ, 0.04 x LCQ) for $3,200.
Offender – prior convictions for breach, driving, drug and weapons
offences, 31y male, mental health issues, PTSD, drug use, family
support, character references, good work history, totality, clean drug
screens, lockdown, impact of Covid-19.

DPP v Negrea 24 months (2 Trafficking in a drug G Offending – O2 was the uncle of O1.

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[2020] VCC 970 years) of dependence x 2 A police search of O2’s premises located:
imprisonment (14 months, 7
Offender 2 months)  74.6g of 86-87% pure methylamphetamine (0.3 x CQ, 0.1 x
NPP – 14 months LCQ);
(1 year 2 months) Dealing with  139 MDMA tablets weighing 40.5g (0.08 x CQ, 0.04 x
property suspected
LCQ);
of being proceeds of
crime (7 months)  5.8g of 58% pure MDMA in powder form (0.01 x CQ, 0.01 x
LCQ);
Being a prohibited  49 capsules containing 6.2g of 46% pure MDMA (0.01 x CQ,
person in possession 0.01 x LCQ);
of a firearm (5
 A stolen motorcycle worth $4,000;
months)
 $15,531.05 cash suspected of being proceeds of crime;
Possession of a  A seven millimetre calibre single shot air pistol;
prohibited weapon  Extendable baton;
without exemption
 Knuckledusters; and
or approval (3
months)  Other property suspected of being proceeds of crime.
O1 told police that the drugs and stolen property were his and he was
using O2’s premises to store them. CCTV and phone analysis
revealed both O1 and O2 were involved in drug transactions from
O2’s premises.
O1 and O2 sentenced on the basis that their offending occurred over
approximately two and a half months.
Offender 2 – prior convictions for breach, dishonesty, driving, drug
and weapons offences, 50y male, gambling addiction, drug use,
family support, character references, good work history, carer for
parents, parity, totality, remorse, rehabilitation programs.

DPP v Interlandi 24 months (2 Trafficking in a drug G (early) Offending – Over approximately seven months, BI supplied cocaine
[2021] VCC 666 years) of dependence (18 to drug runners AB and MDO. AB and MDO used phones supplied
imprisonment months) by BI to communicate with and supply cocaine to customers. BI also
Offender 3 (AB) supplied AB and MDO with vehicles they could use to make the
NPP – 12 months Possession of a drug cocaine sales to customers. All three offenders used false names
(1 year) of dependence (12 during their offending and were under police surveillance.
months)
BI also used false identities to arrange for the hire of multiple storage
Knowingly dealing units and an office at which he stored the cocaine. MDO and AB on
with proceeds of several occasions went to the storage unit to retrieve cocaine for
crime (9 months) customers. On two occasions, BI paid the rent for the storage units,
while AB paid the rent on one occasion. On some occasions MDO
also paid the rent for a storage unit.
In total AB directly supplied cocaine to approximately 34 different
customers. AB also communicated with BI about the supply of
cocaine to customers, its quality, instructions BI had given him, and
risks of getting caught. A police search of AB’s premises located five
unspecified quantities of cash, and three separate quantities of
anabolic and androgenic steroids. Upon arrest a police search of AB’s
vehicle located a hidden compartment containing 87g of cocaine
(0.17 x CQ, 0.09 x LCQ) and $2,120 cash suspected of being
proceeds of crime.
AB sentenced on the basis that he was involved as a more than a drug
runner for all seven months, while MDO was only involved as a drug
runner for three discrete weeks over approximately three months.
Offender – no prior convictions, 35 male, adherence to bail
conditions, increased custodial burden, learning difficulties, alcohol
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and drug use, family support, community involvement, good work

history, remorse, rehabilitation programs, clean drug screens,
vulnerable in custody, impact of Covid-19, good prospects of
rehabilitation.

Abdi [2016] VCC 23 months’ Trafficking in a drug G (early) Offending - O sold 127.2 g of heroin (0.25 x CQ) to undercover
399 imprisonment (1 of dependence x 3 (6 police and unknown drug users over 3.5 month period. Purity of drug
year and 11 months’ varied between 14% - 90%. O sold 2.1 g of methylamphetamine over
months) imprisonment; 2 10 day period. O sold 7 g of cannabis for $80 (0.0003 x CQ). Police
months’ located 13 cannabis plants that were grown in hydroponic fashion at
24 month CCO (2 imprisonment x 2); O’s premises. Total weight of plants was 542.3 g (0.22 x CQ). O sold
years): Prohibited person in 2 pen pistols, 2 shotguns and ammunition to undercover police.
- supervision; possession of Weapons sold for $3100. Police located a loaded shotgun,
- drug and alcohol firearm x 5 (6 ammunition and pocket knife at O’s premises. O prohibited person.
rehabilitation; and months’ O’s fingerprints located at point of entry of residential burglary.
- offending imprisonment x 4; 4
behaviour months’ Offender – Prior dishonesty and drug convictions, 30 y male, poly
programs. imprisonment); drug use, drug charges and summary charges committed whilst on
Cultivation of a CCO, work ethic, clean urine tests, support of family, completion of
$400 fine courses in custody, lockdown remand conditions, totality, remorse.
narcotic plant (2
months’
imprisonment);
Possess prohibited
weapon (1 month
imprisonment);
Burglary (2 year
CCO); and
Possessing cartridge
ammunition x 2
($200 fine x 2).

DPP v Ibrahim 22 months (1 year Trafficking in a drug G Offending – O and CO were observed exiting a stolen car with stolen
[2021] VCC 676 10 months) of dependence (18 number plates attached. A police search of O’s person located $600
imprisonment months cash and keys to the stolen car. A police search of the car located:
imprisonment and
30 months (2 30 month CCO)  236.8g of methylamphetamine (0.95 x CQ, 0.32 x LCQ) of
years 6 months) which 189.44g was pure;
CCO: Theft (6 months)  39.4g of 1,4-butanediol (0.02 x CQ);
 2.4g of cocaine;
- 100 hours Dealing with
property suspected  4.1g of ketamine (0.01 x CQ);
community  2.1g of MDMA;
work of being proceeds of
crime (5 months)  7.9g of nitrazepam; and
- Drug  $22,861.40 cash suspected of being proceeds of crime.
assessment and Possession of a drug
treatment of dependence x 5 Offender – prior convictions for drug offences, 39y male, motivated
- Offending (aggregate sentence - by drug use, drug use, increase custodial burden, good work history,
$1500 fine) remorse, isolation in custody, rehabilitation programs, completion of
behaviour
courses, lockdown, impact of Covid-19, grim prospects of
programs
rehabilitation.
- Supervision
- Judicial
monitoring
- Good behaviour

$1500 fine

DPP v Gavric 22 months (1 year Trafficking in a drug G (late) Offending – A police search of O and CO’s premises located:
[2022] VCC 896 10 months) of dependence (21
imprisonment months)  74.5g of methylamphetamine (0.3 x CQ, 0.1 x LCQ) of

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(time served) Failing to comply which 64g was pure (1.28 x CQ, 0.13 x LCQ);
with a direction to  various tablets of Xanax and diazepam;
provide access code  $2,050 cash which was proceeds of crime.
to an electronic
device (3 months) O when directed refused to provide the passcode to his mobile phone.
Dealing with O sentenced on the basis that his offending occurred over one day.
proceeds of crime (3
Offender – prior convictions for breach, drug, driving, property,
months)
weapons and violence offences, 30y male, difficult childhood,
Possession of a drug motivated by financial gain, drug use, family support, character
of dependence x 2 (2 references, impact of Covid-19.
months, 1 month)

DPP v Cheema 21 months (1 year Trafficking in a drug G Offending – Over approximately two months, O collaborated with
[2020] VCC 2082 9 months) of dependence; two co-offenders CO1 and CO2 and his girlfriend CO3 in the
imprisonment manufacturing of methylamphetamine at CO1’s premises. Telephone
Possession of intercepts revealed that O discussed sourcing precursor chemicals and
30 months (2 substances, equipment for manufacturing methylamphetamine with CO1 and
years 6 months) materials, equipment CO2. O also instructed CO3 by phone how to do parts of the
CCO: and documents for chemical extractions.
trafficking in a drug
- Mental health of dependence; and Separately, O also collaborated with CO4 at CO4’s address to
assessment and manufacture amphetamine. On one occasion, when O was disturbed
treatment Possession of a drug by a real estate agent, he fled from CO4’s premises taking some of
of dependence
- Drug the chemical reactions with him.
(aggregate sentence
assessment and – 21 months A police search of CO3’s premises located multiple items with O’s
treatment imprisonment and 2 fingerprints, including:
- Alcohol year 6 month CCO)
assessment and  Glassware, a gas burner, and other pieces of equipment for
treatment manufacturing drugs;
 Containers with traces of methamphetamine and precursor
- Supervision
chemical P2P.
- Judicial
monitoring O was arrested and released on bail. O while on bail failed to answer
bail when required.
A subsequent police search of CO4’s premises located glassware,
chemicals and other equipment, some of which had O’s fingerprints.
A police search of O’s car upon re-arrest located an empty drum of
toluene, a plastic container containing a crystal substance and a
receipt for Shellite and butane cartridges both of which can be used to
manufacture methamphetamine.
A subsequent police search of O’s premises located a gas cooker,
glassware and various chemicals which were all connected with the
manufacture of illicit drugs.
Analysis of O’s phone located conversations where he discussed
supplying CO5 with 15 to 20 pounds of cannabis for $2,400 per
pound. O also discussed supplying an unspecified amount of cannabis
to two others. O sentenced on the basis that he trafficked less than a
commercial quantity of cannabis.
Offender – prior convictions for dishonesty, drug and similar
offences, subsequent offending for drug offences, general deterrence
Verdins, specific deterrence Verdins, moral culpability Verdins,
imprisonment Verdins, 47y male, intoxicated at time of offending,
mental health issues, depression, anxiety, low IQ, acquired brain
injury, intellectual disability, drug use, physical health condition,
chronic pain, family support, parity, completion of courses.

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Heather [2018] 21 months (1 year Trafficking in a drug G (early) Offending – O was a member of a drug syndicate. Prior to offending
VCC 1422 9 months) of dependence O was the victim of an aggravated burglary where $50,000 worth of
imprisonment drugs belonging to CO were allegedly stolen. In order to pay CO
back, O trafficked between four and eight ounces (between 0.45 and
NPP – 13 months 0.91 x CQ, 0.15 and 0.3 x LCQ) of methylamphetamine over six
(1 year 1 month) weeks.
Offender – prior convictions for drug offences, 23y male, difficult
childhood, motivated by drug use, youthful offender, family support,
parity, delay, rehabilitation programs, completion of courses, billet,
position of responsibility in prison, good prospects of rehabilitation.

DPP v Nov 19.66 months (598 Attempted to G (early) Offending – O and CO were involved in a drug syndicate which
[2019] VCC 733 days) trafficking in a drug manufactured and sold methylamphetamine and was under police
imprisonment of dependence (598 investigation.
days imprisonment
36 months (3 and 3 year CCO) Over six days, O communicated with CO about the supply and sale of
years) CCO: 2.268kg of cannabis (0.09 x CQ, 0.01 x LCQ) to a third party for
Possession of a drug $2,550 per pound, which did not eventuate.
- 600 hours of dependence (14
community days) A police search of O premises located a very small unspecified
work amount of methylamphetamine on three containers.
Use drug of
- Drug Separately, O admitted to using methylamphetamine during a police
dependence (1 day)
assessment and interview.
treatment
Offender – prior convictions for breach, dishonesty, drug and
- Offending weapons offences, 45y male, difficult childhood, drug use, family
behaviour support, character references, good work history, clean drug screens,
programs billet, Renzella time, high risk of re-offending, very cautious
- Supervision prospects of rehabilitation.
- Judicial
monitoring
- Non-
association
with co-
offender

DPP v Verdesoto 18 months (1 year Trafficking in a drug G (early) Offending – O made a false declaration to police that a twin cutter
[2021] VCC 1319 6 months) of dependence x 2; tool seized by them during a police search of his premises belonged
imprisonment and to his late father. The twin cutter was actually stolen.
9 months Negligently dealing A subsequent police search of O’s two premises located:
undertaking: with proceeds of
crime x 2 (aggregate  103g of methylamphetamine (0.41 x CQ, 0.14 x LCQ) of
- Drug sentence - 16 which 85g was pure;
assessment and months)  1,166g of cannabis (0.05 x CQ);
treatment  50 rounds of .22 ammunition;
Making a false
- Good behaviour  A gel gun and gel rifle;
statutory declaration
(6 months)  A crossbow, three slingshots, two sais and a homemade taser;
and
Non-prohibited
person in  $10,920 cash, a guitar case, five bicycles, three knives, a
[possession of an compound bow with case, three digital cameras, and a framed
imitation firearm (21 picture which were all proceeds of crime.
days) O was on bail at the time of offending.
Possession of a Offender – prior offending for breach, driving, dishonesty, drug and
prohibited weapon;
weapons offences, 61y male, on bail at time of offending, drug use,
and
physical health issues, spinal injury, rheumatic heart disease, delay,

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Committing an totality, admissions to police, rehabilitation programs, impact of

indictable offence Covid-19, reasonable prospects of rehabilitation.
while on bail
(aggregate sentence -
9 month
undertaking)
Possession of
cartridge
ammunition without
a licence (convicted
and discharged)

DPP v Huynh 18 months (1 year Trafficking in a drug G (early) Offending – O was a member of a drug syndicate which was under
[2022] VCC 1914 6 months) of dependence x 3 police surveillance. During intercepted phone calls O discussed
imprisonment (aggregate sentence - obtaining heroin from CO to sell to others. On one occasion, O went
18 months) to CO's premises and collected a package containing less than 250g
NPP – 10 months
of heroin and attempted to sell it to another person before returning it
to CO.
On at least eight occasions over approximately six weeks, O called
and discussed purchasing an unspecified amount of
methylamphetamine from CO. On most occasions O went to CO's
premises and collected unspecified amounts of methylamphetamine.
On another occasion, O was intercepted and arrested shortly after
leaving CO's house. A search of O's person located 56.35g of heroin
(0.11 x CQ, 0.05 x LCQ).
When O was released by police O had several further conversations
with CO about his arrest and the price of certain unspecified drugs.
Separately, O collected an unspecified amount of heroin from CO's
premises on behalf of his housemate.
O was sentenced on the basis that he played an essential role in
offending.
Offender – prior convictions for breach, drug, weapons and violence
offences, 57y female, difficult childhood, victim of family violence,
mental health issues, depression, anxiety, PTSD, family support,
character references, community involvement, delay, remorse,
rehabilitation programs, impact of Covid-19, good prospects of
rehabilitation.

DPP v White 18 months (1 year Trafficking in a drug G (early) Offending – Police analysis of intercepted telephone
[2020] VCC 8 6 months) of dependence (18 communications, revealed that O was involved in 16 separate
imprisonment months) transactions over two months where he either on-sold, agreed to sell,
NPP – 10 months Retention of stolen or arranged to sell methylamphetamine to numerous persons for
goods (4 months) money. Following O’s arrest, a subsequent seizure and analysis of his
mobile phone revealed further conversations relating to monies owed
Dealing with for drugs supplied, or to be supplied, and the collection of such
property suspected monies.
of being proceeds of
crime (3 months) In total O trafficked 64.6g of methylamphetamine (0.26 x CQ, 0.09 x
LCQ) which had an estimated street value of between $10,000 and
$12,400.
A subsequent police search of O’s premises located approximately
1.3g of methylamphetamine, a stolen road sign and number plate, and

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various stolen tools and pushbikes which O had taken as payment for
drugs supplied.
Offender – prior convictions for drug offences, prior offending for
dishonesty and drug offences, 29y male, motivated by drug use,
motivated by financial gain, mental health issues, body dysmorphic
disorder, drug use, family support, character references, remorse,
completion of courses, rehabilitation programs, clean drug screens,
letter to court.

DPP v Nguyen 18 months (1 year Trafficking in a drug G (early) Offending – A police search of O’s premises located:
[2020] VCC 288 6 months) of dependence (18
imprisonment months)  75.6g of heroin of which 13.06g was pure (0.26 x CQ, 0.03 x
LCQ);
NPP – 9 months Dealing with  15.6g of methylamphetamine of which 12.11g was pure (0.24
property suspected
x CQ, 0.02 x LCQ); and
of being proceeds of
crime (2 months)  $250 which was believed to be proceeds of crime.
O was sentenced on the basis that he intended to re-sell the drugs in
his possession.
Offender – prior convictions for dishonesty, driving, drug and
weapons offences, 52y male, on drug treatment order at time of
offending, difficult childhood, refugee, time spent in refugee camp,
motivated by drug use, alcohol and drug use, delay, totality, lost
opportunity at concurrency, remorse, admissions to police,
rehabilitation programs.

DPP v Rizki 18 months (1 year Trafficking in a drug G (early) Offending – A police search of O’s premises located:
[2021] VCC 999 6 months) of dependence x 6
imprisonment (18 months x 2, 12  778.6g of cannabis (0.03 x CQ);
months x 4); and  240.7g of methylamphetamine (0.96 x CQ, 0.32 x LCQ) of
24 months (2 which 73g was pure;
years) CCO: Possession of drug
 127.3g of heroin (0.51 x CQ, 0.17 x LCQ) of which 61g was
of dependence x 2 (2
- Mental health months x 2) pure;
assessment and  48.9g MDA (0.1 x CQ, 0.05 x LCQ);
treatment (On these offences -  48.2g cocaine (0.1 x CQ, 0.05 x LCQ);
2 year CCO)
- Drug  16.4g of ketamine (0.03 x CQ, 0.02 x LCQ);
assessment and Dealing with  64.7g of MDMA (0.13 x CQ, 0.06 x LCQ);
treatment property suspected  0.2g amphetamine; and
- Offending of being proceeds of  $100 cash suspected of being proceeds of crime.
crime ($200 fine)
behaviour
O was sentenced on the basis that he was running a trafficking
programs
business with an organised system.
- Supervision
Offender – prior convictions for drug offences, 50y male, difficult
$200 fine childhood, victim of childhood sexual assault, motivated by financial
gain and drug use, mental health issues, PTSD, drug-induced
psychotic disorder, polysubstance abuse disorder, drug use, physical
health condition, no vision in right eye, family support, character
references, carer for children, carer for family, remorse, rehabilitation
programs, completion of courses, clean drug screens, impact of
Covid-19.

Robinson [2016] 18 months’ Trafficking in a drug G (early) Offending – O travelled in and around regional area, trafficking
VCC 792 imprisonment (1 of dependence x 2 (1 methylamphetamine over 7 months and Oxycodone over 5 months.
year and 6 year and 6 months’ Amount of methylamphetamine trafficked was in excess of 9.75 g of
months) imprisonment; 1 mixed substances containing methylamphetamine (0.02 x CQ), but
(time served) year CCO); and amount cannot be precisely quantified. O supplied and sourced

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12 month CCO (1 Possession of a drug methylamphetamine and was used to recover debts by those with
year): of dependence (3 whom O dealt, particularly those higher up in scale of enterprise. O
- community work months’ also exchanged items of property for drugs. O held midrange role.
(250 hours); imprisonment). Effect of trafficking even more pointed in regional area. O was in
- drug treatment; possession of 3 g of methylamphetamine and $4,160 in cash when he
- offending was arrested.
behaviour
programs; and Offender – Prior drug convictions, convicted of drug offences during
- supervision. current offending period, pending matters, 30 y male, drug use, some
remorse, support of family, work place injury, exited from inpatient
rehabilitation program due to drug use on premises, lockdown
remand conditions, apprenticeship offer, shared custody and contact
with children through DHS on basis O remain drug free, delay,
parity.

DPP v Wyss 16.67 months (507 Trafficking in a drug NG for Offending – A police search of O’s premises located 170.1g of 84%
[2021] VCC 1310 days) of dependence (507 traffickin pure methylamphetamine (0.68 x CQ, 0.23 x LCQ) which O had for
imprisonment days) g offence her own use and sale. Police also located an unspecified small
(time served)
Possession of a drug G for all amount of cannabis.
of dependence other Separately, O at some stage while unlicensed drove a vehicle.
(convicted and offences
discharged) Offender – prior convictions for drug offences, 53y female, difficult
childhood, mental health issues, depression, anxiety, PTSD, alcohol
Unlicensed driving and drug use, physical health condition, Addison's disease, chronic
(convicted and pain, Raynaud's phenomenon, Sjogren syndrome, character
discharged) references, impact of Covid-19.

DPP v Knight 16.27 months (1 Trafficking in a drug G (early) Offending – O while driving with CO was pulled over by police and
[2018] VCC 1023 year 4.27 months) of dependence x 2; admitted to being unlicensed.
imprisonment
(time served) Possession of a drug A search of O’s vehicle located:
of dependence; and
24 months (2  a re-sealable bag containing 70.5g of methylamphetamine
years) CCO: Driving while (0.28 x CQ, 0.09 x LCQ); and
disqualified  a mobile phone jammer.
- Mental health (aggregate sentence -
A subsequent police search of O’s premises located:
assessment and 495 days
treatment imprisonment and  449.1g of cannabis (0.02 x CQ);
24 month CCO)  a deal bag with 0.4g of methylamphetamine; and
- Drug
Possess cartridge  a box of .22 calibre long arm ammunition.
assessment and ammunition without
treatment Offender – prior convictions for breach, dishonesty, driving, drug and
licence ($200 fine)
violence offences, prior offending for driving offences, 37y
- Offending Possession of a indigenous male, victim of childhood family violence, on CCO at
behaviour mobile phone time of offending, adherence to bail conditions, motivated by drug
programs jammer ($200 fine) use, mental health issues, depression, anxiety, low IQ, borderline
intellectual functioning, drug use, family support, rehabilitation
- Supervision programs, guardedly fair prospects of rehabilitation.
- Justice Plan

$400 fines

DPP v 16 months (1 year Trafficking in a drug G (late) Offending – O, O’s uncle CO1, O’s friend CO2, and O’s half-brother
Weightman 4 months) of dependence x 2 CO3, were involved in a drug operation.
[2020] VCC 905 imprisonment (14 months, 4
months) Police executed a search warrant at O’s residential premises where he
NPP – 8 months resided with CO2, and at CO1’s residential premises. The search
Possession of a located:
tablet press (1
month)  A large quantity of methorphan;
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 MDMA pills and powder;
Dealing with
 Other drug trafficking related paraphernalia, including a pill
property suspected
press; and
of being proceeds of
crime (1 month)  $3,325 cash suspected of being proceeds of crime.
O was involved in the purchase of a pill press, which he and CO2
transported to CO1’s premises. O and CO1 later used the pill press to
press pink para containing methorphan into pills for sale in night
clubs. On subsequent occasions, O and CO2 manufactured 2,000 pills
using the pill press and on a later date pressed another 2,000 pills.
Separately, O and CO3 purchased 25-30g of methamphetamine.
O sentenced on the basis that he carried on a drug trafficking business
manufacturing methorphan, including some with low levels of
MDMA for a period of approximately five months.
Offender – no prior convictions, 23y male, adherence to bail
conditions, drug use, youthful offender, family support, character
references, good work history, parity, delay, rehabilitated, impact of
Covid-19.

Hornsey [2016] 16 months’ Trafficking in a drug G (early) Offending – O and co-offender (O’s partner) obtained drugs from
VCC 1457 imprisonment (1 of dependence x 2 (1 another offender and returned to a property. $1,700, extendable
year and 4 year imprisonment x baton, three knives, 107.51 g of methylamphetamine with purity of
months) 2); 80% - 90% (0.22 x CQ), 436 g of butanediol (0.22 x CQ), a number
of other drugs (personal use) and drug paraphernalia were located at
36 month CCO: Dealing with property. Following release on bail, double edged knife and very
property suspected significant amount of property located at property. Dealing with
- drug treatment; of crime (6 months’ property suspected of being proceeds of crime serious example. Not
- mental health imprisonment);Posse isolated incident. Trafficking went on for a period of months with co-
treatment; ssion of a drug of offender. O took up trafficking again with some enthusiasm
dependence x 2 (3 following release on bail. Trafficking methylamphetamine serious.
- offending months’
behaviour Whilst in custody O made attempts to have witness to an alleged
imprisonment x 2); armed robbery change his story so as to leave the weapon out. Naive
programs;
Possess controlled but persistent attempt. O involved her parents in it.
- supervision; and weapon (1 month
Offender – No relevant prior convictions, pending matters,
- judicial imprisonment); psychologically immature, major depressive disorder resulting from
monitoring. Possess prohibited O’s brother’s death, PTSD, untreated postnatal depression, previous
weapon (1 month psychotic symptoms due to drug use, onerous imprisonment, 27 y
imprisonment); female, troubled history, below average IQ, mother of several
children, violent and volatile relationship with co-offender, remorse,
Commit indictable parity, clean urine tests and completion of courses in custody,
offence whilst on expressed desire to stay off drugs.
bail (1 month
imprisonment); and
Failing to answer
bail (1 month
imprisonment).
On all offences – 3
year CCO.
Attempting to
pervert the course of
justice (9 months’
imprisonment).

Tran [2016] VCC 15 months’ Trafficking in a drug G Offending – O in premises that contained 220 g of heroin and 105 g
1514 imprisonment (1 of dependence x 2 (1 of methylamphetamine related to trafficking. O also in possession of

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year and 3 year imprisonment; 0.5 g of alprazolam, 230 g of cannabis (4.6 x SQ; 0.01 x CQ), 0.7 g
months) 9 months’ of MDMA and 0.2 g of diazepam for personal use. Crossbow found
imprisonment); in lounge room.
24 month CCO (2
years): Possession of a drug Offender – Prior drug convictions, 36 y male, work history, failure of
of dependence x 4 (2 previous relationship and closure of business, drug use, lockdown
- community work months’ remand conditions, negative drug test results, work and completion of
(250 hours); imprisonment; 1 courses in custody, in new relationship, young daughter, support of
- supervision; and month imprisonment family, available employment, work qualifications.
x 3); and
- drug treatment.
Possession of
prohibited weapon
(2 weeks’
imprisonment).
On all offences – 2
year CCO.

Andonopoulos 15 months’ Trafficking in a drug G (early) Offending - 2,030 g of 1,4-butanediol (1.02 x CQ) and items relating
[2016] VCC 971 imprisonment (1 of dependence to business of selling drugs, such as decanters/bottles, scales and deal
year and 3 bags located in apartment that O was renting and where co-offender
months) lived. O’s mobile phone contained messages referring to drug
trafficking over approximately 2.5 month period.
12 month CCO (1
year): Offender – Prior convictions relating to drugs, subsequent
- drug treatment; convictions, 25 y female, drug use, regained significant level of
- mental health physical fitness and completion of courses in custody, cessation of
treatment; drug taking, support of family and partner, intention to reside with
- offending partner and resume personal trainer certificate course, work towards
behaviour regaining fulltime care of O’s son, remorse, parity, totality, very good
programs; and rehabilitation prospects.
- supervision.

DPP v Tran 15 months (1 year Trafficking in a drug G (early) Offending – O1 and O2 were observed by police leaving a suspected
[2018] VCC 1817 3 months) of dependence cannabis grow house. Police then intercepted the vehicle O1 and O2
imprisonment were travelling in and discovered:
Offender 1
 four bags of freshly cut cannabis with a total weight of 35kg
(1.4 x CQ, 0.14 x LCQ); and
 one bag of 8 juvenile cannabis plants weighing a total of
584g (0.02 x CQ).
50 additional cannabis plants (0.5 x CQ, 0.05 x LCQ) were located at
the house that O1 and O2 had left.
O1 and O2 were sentenced on the basis that they were moving the
cannabis from one place to another on behalf of another co-offender.
Offender 1 – no prior convictions, 34y male, alcohol use, good work
history, previous good character, remorse, reasonable prospects of
rehabilitation.

Walker [2016] 14 months’ Trafficking in a drug G (early) Offending – O trafficked methylamphetamine over approximately 4
VCC 961 imprisonment (1 of dependence months. Middle to high-level range involvement. Willingness to
year and 2 cooperate with principal offender and other offenders brought O to
months) heart of trafficking. Multi-faceted and wilful participation, including
assisting principal offender with trafficking, such as packaging,
12 month CCO (1 delivering and enforcing and collecting debts. Trafficking is probably
year): seen in context of wider spectrum of activities that encompassed
- community work every necessary aspect of a commercial enterprise.
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(200 hours); Offender – Prior convictions, subsequent convictions, depression,

- supervision; ADD, youthful (22 y), male, motive said to be personal use and
- drug treatment; ongoing benefits such as accommodation with co-offenders and sense
and of belonging, loyalty and employment, transient lifestyle, work
- offending history, unacceptable performance on past CCO with O no longer
behaviour attending counselling, continued drug use and drug associations,
programs. somewhat more isolated in prison, completion of courses in custody,
support of family, part time employment, remorse, parity, probably
good rehabilitation prospects.

DPP v Hoang 13.48 months (1 Trafficking in a drug G (early) Offending – O was working for CO1. Together, O and CO1-CO3
[2022] VCC 1138 year 45 days) of dependence x 2 used three residential addresses to prepare, store and distribute
imprisonment (12 months, 8 methylamphetamine and heroin. Several text messages revealed that
(time served) months) over approximately six months O conducted drug transactions and
collected money on CO1’s instruction. Search warrants were
Possession of a drug simultaneously carried out at the three houses. At the house where O,
of dependence CO1 and CO3 were arrested, police seized a total of 598.5g of
(convicted and methylamphetamine (2.39 x CQ, 0.8 x LCQ), 7.3g of heroin (0.03 x
discharged) CQ, 0.01 x LCQ) and 17g of cannabis.
Offender – prior convictions for drug offences, 32y male, motivated
by drug use, increased custodial burden, drug use, family support,
totality, remorse, limited English skills, isolation in custody, clean
drug screens, lockdown, likelihood of deportation, time spent in
immigration detention, impact of Covid-19, reasonable prospects of
rehabilitation.

Miller [2016] 13.25 months’ Trafficking in a drug G (early) Offending – O co-operated actively over a period of almost 2 years in
VCC 613 imprisonment of dependence (403 assisting others to traffic, intimidate, plan and actively seek
(403 days) days’ transactions involving methylamphetamine, firearms and other
(time served) imprisonment); and property in exchange of methylamphetamine. Enthusiastic and
Handling stolen significant level of involvement in relation to supply and sourcing of
12 month CCO (1 goods (rolled-up) (9 drugs. Involved large sums of money. Willingness to use force and
year): months’ threats to enforce payment. Middle range of offending. Significant
- community work imprisonment). impact on small rural community. O also handled 3 stolen firearms.
(270 hours); and
- drug treatment. On all offences – 1 Offender – Prior convictions, male, 20 y (at time of offending), drug
year CCO. use, lockdown remand conditions, rehabilitative phase whilst in
remand, completion of programs, drug and alcohol counselling, work
history, support of family, working with DHS to gain full custody of
young daughter, clean drug screens, employment, remorse.

Newey [2016] 13 months’ Trafficking in a drug G (early) Offending – O trafficked methylamphetamine over 2 weeks in
VCC 788 imprisonment (1 of dependence (1 regional area. Course of conduct. Difficult to quantify value and
year and 1 month) year imprisonment); quantity. O in middle level of trafficking offending. At times O main
Handling stolen contributor to purchase of drugs. Effect of trafficking more
12 month CCO (1 goods (1 year pronounced in regional centre. Significant amount of stolen property,
year): imprisonment); 5 unregistered firearms, ammunition and property identified as the
- community work Dealing with proceeds of large number of burglaries/thefts was located at O’s
(200 hours); proceeds of crime (1 premises. Exchange of firearms for drugs. Value of property
- drug treatment; year imprisonment); estimated to be tens of thousands of dollars. O lay in mid-to-high
- offending Failure to securely level in relation to possession and handling property offending.
behaviour store firearms (6 Serious offending when it is of such scale and organisation and
programs; and months’ connected to trafficking.
- supervision. imprisonment);
Possession of a drug Offender – Prior convictions, subsequent handling stolen goods
$300 fine convictions, 30 y male, drug use, first time in custody, remorse, work
of dependence (3
months’ history, O taken over operation of family farm, O shares
imprisonment); and responsibility for his father’s care, mother relies on O, delay, parity,
Possessing cartridge reasonably good rehabilitation prospects.

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ammunition ($300
fine).
On all offences – 1
year CCO.

DPP v Pan [2022] 12.46 months (1 Trafficking in a drug G (early) Offending –Over approximately two months, police intercepted O’s
VCC 1196 year 14 days) of dependence x 3 (9 phone calls with CO1 and CO2 where they discussed O selling and
imprisonment (1 months, 7 months, 3 delivering cocaine, cannabis and methylamphetamine to CO1, CO2
month cumulative months) and unknown customers.
upon sentence O
currently serving) Handling stolen On one occasion, O and CO1 discussed meeting and cutting up 3.5g
goods x 3 (3 months, of cocaine (0.01 x CQ) for a customer.
New NPP – 192 90 days)
months (16 years) Separately, O in phone calls discussed the sale of 3.5g of cocaine
(0.01 x CQ) for $1,000, using cocaine as payment for a debt and the
delivery of 2g of cocaine to another customer.
On another occasion, O discussed with CO1 the sourcing, collection
and sale of one pound of cannabis for $2,200 that O had ordered.
O also discussed selling 3.5g of methylamphetamine (0.01 x CQ)
when he needed cash.
Separately over three days, O and CO1 drove three separate stolen
vehicles that had been purchased through false means.
Offender – prior convictions for dishonesty and property offences,
subsequent convictions, 22y male, motivated by drug use, mental
health issues, anti-social personality disorder, youthful offender,
family support, character references, parity, delay, totality,
rehabilitation programs, clean drug screens, impact of Covid-19,
guarded prospects of rehabilitation.

DPP v Robinson 12 months (1 Trafficking in a drug G Offending – O under CO’s instructions prepared drugs for sale,
[2022] VCC 38 year) of dependence x 2; collected money owed to CO, advised on pricing, sourced bulk
imprisonment supplies of drugs, sold drugs to new suppliers and sold drugs to
(time served) Committing an customers over approximately one month.
indictable offence
18 month (1 year while on bail; and In total O dealt with 334.15g of methylamphetamine (1.34 x CQ, 0.45
6 month) CCO: x LCQ) and 779g of 1,4-butanediol (0.39 x CQ, 0.04 x LCQ).
Failure to comply
- Mental health with conditions of O was on bail at the time of offending. While on bail O failed to
assessment and bail (aggregate comply with unspecified bail conditions.
treatment sentence – 12
months Offender – prior convictions for drug offences, 41y male, difficult
- Drug childhood, victim of childhood family violence, on bail at time of
imprisonment and
assessment and 18 month CCO) offending, motivated by drug use, mental health issues, depression,
treatment anxiety, PTSD, suicide attempts, drug use, character references,
- Supervision homelessness, remorse, impact of Covid-19.

DPP v Griffith 12 months (1 Trafficking in a drug G (early) Offending – A police search of O’s premises located 609.1g of mixed
[2020] VCC 1550 year) of dependence; MDMA (1.22 x CQ, 0.61 x LCQ), 80g of anabolic steroids, two pairs
imprisonment of knuckledusters, and $29,050 cash suspected of being proceeds of
Possession of a drug crime.
24 months (2 of dependence;
years) CCO: O sentenced on basis that he had the drugs for sale.
Possession of
- Mental health prohibited weapons; Offender – no prior convictions, subsequent convictions for drug and
assessment and and violence offences, 23y male, motivated by financial gain, increased
treatment custodial burden, drug use, youthful offender, family support, delay,
Dealing with totality, remorse, clean drug screens, impact of Covid-19, very good
- Drug property suspected prospects of rehabilitation.
assessment and of being the
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treatment
proceeds of crime
- Supervision
(aggregate sentence
– 12 months
imprisonment and 2
year CCO)

DPP v Volkan 12 months (1 Trafficking in a drug G (late) Offending – Police executed a search warrant at O’s premises. O
[2018] VCC 1784 year) of dependence; and ignored police requests for him to get on the ground and began to
imprisonment walk towards the police. Police took O to the ground where he
Sentence appeal (concurrent with Possessing a drug of continued resisting police who then used OC spray before restraining
dismissed sentence O dependence x 13 O.
(aggregate sentence -
[2019] VSCA 33 currently serving) 12 months Police then searched O’s premises and discovered a large amount of
summarised in 24 months (2 imprisonment and 2 various drugs in various bags and containers, as well as a set of
Trafficking in a years) CCO: year CCO) knuckle dusters, a hunting knife and a machete.
drug of
- Drug Resisting an Later analysis of the drugs revealed:
dependence -
Court of Appeal assessment and emergency worker  Mixtures of N-ethylhexedrone, methylamphetamine,
treatment (3 months)
recent cases fluorodeschloroketamine and cocaine, weighing 2890.7g
Committing an  1,637g of 1,4-Butanediol (0.82 x CQ)
- Offending
indictable offence  265mg of mixed LSD (less than 50mg pure)
behaviour while on bail x 4 (1
programs  43.5g of a mixture of drostanolone, tremolone and
month x 4) testosterone
- Supervision Contravention of a  24.4g of stanozolol
bail condition x 2 (1  3.5g of methoxy-N-methyl-N-isopropyltryptamine
month x 2)  2.5g of MDMA
 2.4g of tetrahydrocannabinol
Possessing a
 1.8g of N,N-dimethyltryptamine
prohibited weapon x
 1g of Bromo-2,5-dimethoxyphenethylamine
2 (1 month x 2)
 0.6g of quinalbarbitone
Possessing a  Less than 0.5g of alprazolam
controlled weapon  0.9g of mixed MDA
(1 month)  0.2g of diazepam
O was also on bail at time of offending. O contravened the terms of
his bail by not residing at his designated address and by using 1,4-
Butanediol.
O sentenced on basis his offending occurred on a single day and was
unsophisticated and amateurish.
Offender – prior convictions for drug offences, subsequent
convictions for breach, dishonesty, driving and violence offences,
27y male, motivated by drug use, drug use, physical health condition,
chronic pain, family support, totality, lost opportunity at concurrency,
remorse, admissions to police, rehabilitation programs, completion of
courses, clean drug screens, reasonable prospects of rehabilitation.

DPP v Luo [2022] 12 months (1 Trafficking in a drug G (early) Offending – A police search of O’s house located 191.87g of pure
VCC 686 year) of dependence x 2; cocaine (0.77 x CQ, 0.26 x LCQ), 56.74g of methylamphetamine
imprisonment and (0.23 x CQ, 0.08 x LCQ) and 3.4g of pure heroin (0.07 x CQ, 0.01 x
(time served) LCQ). A subsequent police search of O’s person located one tablet of
Dealing with Sildenafil and $1,591 cash suspected of being proceeds of crime.
18 months (1 year property suspected
6 months) CCO: of being proceeds of O sentenced on the basis that he was a transporter or courier of the
crime (aggregate drugs for others and had them in his possession for the purposes of
- Drug sentence - 12 months sale.
assessment and imprisonment and
treatment 18 month CCO) Offender – no prior convictions, 28y male, difficult childhood,
mental health issues, PTSD, dependent personality disorder, alcohol
- Alcohol
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assessment and
treatment Possession of a drug and drug use, remorse, impact of Covid-19, reasonable prospects of
of dependence rehabilitation.
- Supervision
(convicted and
discharged)
Possession of a
Schedule 4 poison
(convicted and
discharged)

Wilson [2018] 12 months (1 Trafficking in a drug G Offending – O worked at DHHS residential care facilities and care
VCC 239 year) of dependence to a units as the lead tenant and lived there full time. O’s role was to be an
imprisonment child (9 months) adult role model for the residents.
18 months (1 year Supplying a drug of On occasion, O’s two sons would visit him and stay for a short time.
6 months) CCO: dependence to a They would also bring their school-age friends along to visit and
child x 2 (4 months, hang out. O would supply cannabis to them, usually around 3-7g of
- Drug assessment 2 months) (on these cannabis for $50, and they would smoke the cannabis together at the
and treatment offences - 18 months facility.
- Supervision CCO)
On one occasion, O supplied cannabis to V, a friend of the tenant and
$250 fine Supplying liquor to a who was 14y at the time of offending. Both smoked a joint in O’s
child under 18 ($250 room, and then moved onto smoking methylamphetamine in an ice
fine) pipe.
A week later, O picked up V and another tenant and bought them a
six-pack of vodka to drink.
Offender – prior unrelated convictions, 39y male, financial need,
drug use, family support, rehabilitation programs, reasonable
prospects of rehabilitation.

DPP v Bolton 12 months (1 Attempting to G Offending – AFP intercepted a parcel containing 2.9kg of
[2019] VCC 1340 year) traffick in a drug of methylamphetamine (11.6 x CQ, 3.87 x LCQ) which was addressed
imprisonment dependence (10 to a person CO at O’s address. CO did not actually live at O’s address
months but was in contact by telephone with O about the parcel.
18 months (1 year imprisonment and
6 months) CCO: 18 month CCO) A police search of O’s premises located an ASP baton and 228g of
cannabis (0.01 x CQ).
- 150 hours Trafficking in a drug
community of dependence (6 O sentenced on the basis that he didn’t know the quantity of
work months) methylamphetamine that was imported. O also sentenced on the basis
that he was prepared to help CO by delivering it to CO after its initial
- Drug
Possession of a delivery.
assessment and prohibited weapon
treatment without exemption O’s offending occurred over approximately two months.
- Alcohol or excuse (2 weeks) Offender – no prior convictions, 52y male, alcohol and drug use,
assessment and family support, character references, good work history, position of
treatment responsibility in prison, low risk of re-offending.
- Supervision
- Judicial
monitoring

Robinson [2016] 12 months’ Trafficking in a drug G Offending – O sold, used and shared methylamphetamine over 8
VCC 778 imprisonment (1 of dependence month period and enforced payments for other traffickers. O drug
year) associate with mid-range role. Not possible to quantify amount of
Sentence appeal 12 month CCO (1 drugs trafficked. O also involved in intimidation, theft from others,
dismissed trading of guns for drugs and using TAB wagering account to launder
year): drug money in significant sums. Effect of trafficking more enhanced
[2016] VSCA 225 - community work in regional centre.
(250 hours; and
summarised in - drug assessment Offender – Prior convictions, subsequent drug and weapon
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Trafficking a drug and treatment. convictions, pending matter, drug addiction, 32 y male, some
of dependence – remorse, work history, made attempt at rehabilitation, employment,
Court of Appeal support, cessation of drug taking, Renzella time, totality,
recent cases consideration of co-offenders’ sentences, good rehabilitation
prospects if O remains drug free.

DPP v Tiberi 12 months (1 Trafficking in a drug G (early) Offending – A search of a storage facility leased by O located drug
[2022] VCC 1930 year) of dependence (7 paraphernalia and other evidence of drug trafficking. Additionally,
imprisonment months) police located three bags containing prison officer uniforms and
(time served) identification that had been stolen in burglaries approximately five
Handling stolen years prior. A subsequent search of O’s home located a total of 81.1g
$4500 fine goods (5 months) of MDMA (0.16 x CQ, 0.08 x LCQ) for the purposes of trafficking,
Possession of a drug as well as 38.1g of 79-87% pure methamphetamine, 32.3g of
of dependence x 5 (3 stanozolol, and a small amount of nandrolone and testosterone. Police
months, $3000 fine, also located $3,600 cash and various other items suspected of being
$500 fine x 3) the proceeds of crime.

Dealing with Offender – prior convictions for violence offences, 35y male, drug
property suspected use, family support, character references, good work history, delay,
of being the remorse, impact of Covid-19, good prospects of rehabilitation.
proceeds of crime x
2 (3 months, 1
month)

Canonigo [2017] 12 months (1 Trafficking in a drug G Offending – O was charged as part of a larger investigation into the
VCC 791 year) of dependence (10 manufacture and trafficking of methylamphetamine, and had
imprisonment months) purchased unknown quantities of drugs from suppliers for personal
use and to resell to others.
NPP – 6 months Possessing a firearm
as a prohibited Police searched O’s house and discovered drug paraphernalia, an
person (6 months) imitation handgun and a crossbow.
Possession of a Offender – on suspended sentence at time of offending, on CCO at
prohibited weapon time of offending, prior convictions for drug offences, subsequent
(4 months) offences, disadvantaged background, time spent in refugee camp,
victim of childhood family violence, victim of childhood sexual
abuse, drug use, bankrupt, completion of courses, reasonably good
prospects of rehabilitation, medium risk of reoffending.

Towns [2018] 12 months (1 Trafficking in a drug G Offending – O was a member of a drug syndicate.
VCC 1421 year) of dependence (12
imprisonment months) Over eleven weeks, O purchased methylamphetamine from the leader
of the syndicate CO for his own personal use and on-selling purposes.
NPP – 4 months Possession of a O also assisted CO and other members of the syndicate by arranging
prohibited weapon for the supply of methylamphetamines from a supplier. O also
$200 fine (1 month) directed potential customers to other members of the syndicate.
Committing an A police search of O’s premises located drug paraphernalia, scales,
indictable offence snap lock bags and a taser.
while on bail ($200
fine) Offender – prior convictions for dishonesty, drug and violence
offences, subsequent convictions, 41y male, depression, anxiety,
alcohol and drug use, totality, lockdown, Renzella time, significant
risk of re-offending, guarded prospects of rehabilitation.

DPP v Klepacki 11.51 months (350 Trafficking in a drug G (early) Offending – O left his backpack in a taxi. In the backpack, police
[2022] VCC 1814 days) of dependence; located 127g of 78-81% pure methylamphetamine (0.51 x CQ, 0.17 x
imprisonment LCQ) in a lockbox, divided into eight bags. Police also located a
(time served) Possession of a drug knife, three tablets containing 0.4g of etizolam, as well as $14,430
of dependence; cash suspected of being the proceeds of crime. During a later search
24 months (2 of two residential premises where O resided, police located a total of
Dealing with
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years) CCO: property suspected 0.2g of methylamphetamine.

of being the
- 100 hours proceeds of crime; Offender – prior convictions for breach, drug, property, violence
community and offences, 31y male, difficult childhood, Bugmy principles applied,
work victim of childhood family violence, motivated by drug use, reduced
Possession of a moral culpability, mental health issues, depression, anxiety, PTSD,
- Mental health
controlled weapon suicide attempt, suicidal ideation, alcohol and drug use, family
assessment and without lawful support, character references, remorse, rehabilitation programs, clean
treatment excuse (aggregate drug screens, impact of Covid-19.
- Drug sentence - 350 days
assessment and imprisonment and 2
treatment year CCO)
- Alcohol
assessment and
treatment
- Offending
behaviour
programs
- Supervision
- Judicial
monitoring

DPP v Osman 11.21 months (341 Trafficking in a drug G Offending – A police search of O’s car located a large knife, two
[2022] VCC 1296 days) of dependence (344 mobile phones, $195 cash, and 194.6g of methylamphetamine (0.78 x
imprisonment days and 2 year CQ, 0.26 x LCQ).
(time served) CCO)
A subsequent police search of O’s home located $2,500 cash, 2.1g of
24 months (2 Dealing with cocaine, 90.4g of 1,2-butanediol, a notebook recording drug
years) CCO: proceeds of crime (8 transactions and eight boxes of fireworks.
months)
- 200 hours Offender – prior convictions for dishonesty, drugs, breach and
community Possession of a violence offences, 50y male, adherence to bail conditions, mental
work controlled weapon health issues, depression, anxiety, drug use, physical health condition,
without excuse (5 family support, character references, good work history, delay,
- Mental health
months) remorse, rehabilitation programs, clean drug screens, impact of
assessment and Covid-19.
treatment Possession of a drug
- Supervision of dependence x 2 (2
months x 2)
$200 fine
Storing an
unauthorised
explosive without
approval ($200 fine)

DPP v 11 months Trafficking in a drug G (early) Offending – A police search of O’s premises and car located:
Mehrijafarloo imprisonment of dependence;
[2018] VCC 2144  $8,820 case suspected of being proceeds of crime;
45 months (3 Possession of a drug  8.4g of morphine;
years 9 months) of dependence  Four vials of Stanozolol (an anabolic steroid) which weighed
CCO: (rolled-up); 14.9g;
 17.7g of Methenolene (an anabolic steroid);
- 300 hours Dealing with
suspected proceeds  57 tablets consisting of 7.5g of Methandienone (an anabolic
community work steroid); and
of crime; and
- Mental health  12 zip-lock bags of methylamphetamine consisting of
assessment and Committing an amounts ranging from 1.6g-96.2g. In total O had 257.6g of
treatment indictable offence methylamphetamine (1.03 x CQ, 0.34 x LCQ) which ranged
- Alcohol while on bail in purity from 77-92%.
(aggregate sentence -
assessment and O was on bail at the time of offending.
11 months
treatment
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Status Orders Sentences
- Supervision
imprisonment and 3 Offender – no prior convictions, prior offending for driving offences,
- Judicial year 9 month CCO) 34y male, difficult childhood, refugee, motivated by drug use, mental
monitoring health issues, depression, anxiety, PTSD, alcohol abuse disorder,
suicidal ideation, increased custodial burden, alcohol and drug use,
good work history, remorse, limited English skills, rehabilitation
programs, completion of courses, billet, time spent in immigration
detention, victim of assault in custody, risk of deportation, fair
prospects of rehabilitation.

DPP v Henry 11 months Trafficking in a drug G (early) Offending – O and CO in a car evaded police and ditched a bag of
[2022] VCC 77 imprisonment of dependence x 3 (9 drugs in a bush. The bag was located by police and found to contain
(time served) months, 4 months, 2 drugs and money.
months);
20 months (1 year Upon arrest four weeks later, a police search of O and CO’s premises
8 months) CCO: Handling stolen and car located significant amounts of drugs, cash and stolen items.
goods (2 months);
- Mental health In total over the four weeks, O and CO sold or had for sale purposes
assessment and Cultivation of a 114g of mixed methylamphetamine (0.46 x CQ, 0.15 x LCQ) of
treatment narcotic plant (1 which 92g was pure (1.84 x CQ, 0.18 x LCQ), 723.4g of 1,4-
month); and butanediol (0.36 x CQ, 0.04 x LCQ), 13.8g of mixed MDMA (0.03 x
- Drug
CQ, 0.01 x LCQ), and 6.6g of mixed heroin (0.03 x CQ, 0.01 x
assessment and Dealing with the LCQ).
treatment proceeds of crime (1
- Alcohol month) Offender – prior convictions for drug offences, 29y female, victim of
childhood family violence, victim of childhood sexual assault,
assessment and (On these offences – adherence to bail conditions, mental health issues, PTSD, bipolar
treatment 20 month CCO) disorder, drug use, rehabilitation programs, completion of courses,
- Offending lockdown, impact of Covid-19.
Possession of a drug
behaviour of dependence ($200
programs fine)
- Supervision
- Judicial
monitoring
$200 fine

DPP v Phuong 11 months Trafficking in a drug G (early) Offending – Over approximately three months, O paid the water and
[2021] VCC 1442 imprisonment of dependence (9 electricity bill for a premises that he didn’t live at or own. A police
(time served) months) search of the premises located a sophisticated hydroponic setup with
electrical bypass which was used to grow 18 cannabis plants
Cultivation of a weighing 16.83kg (0.67 x CQ, 0.07 x LCQ).
narcotic plant (7
months) A subsequent police search of O’s residential premises located
$4,000 cash which was proceeds of crime, two rooms setup for
Knowingly dealing drying cannabis, and 18 cannabis plants weighing 21.88kg (0.88 x
with proceeds of CQ, 0.09 x LCQ).
crime (2 months)
O sentenced on the basis that he was slightly higher than a crop-sitter.
O also sentenced on the basis that he prepared the cannabis for sale
by others that he owed a debt to.
Offender – no prior convictions, 31y male, motivated by financial
need, increased custodial burden, family support, remorse, first time
in custody, isolation in custody, totality, completion of courses, billet,
likelihood of deportation, very good prospects of rehabilitation.

DPP v Nguyen 10.06 months (306 Trafficking in a drug G (early) Offending – TN, TP, and JV were members of a drug syndicate. TP
[2021] VCC 1160 days) of dependence (280 was in a relationship with JV. TN, TP and JV were under police
imprisonment days) surveillance.
Offender 3 (JV) (time served)
Knowingly dealing TN sold various drugs online via the dark web and used the postal
Offender 1 with the proceeds of system to deliver them to clients. TP assisted TN by making drug
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located in crime (90 days) pickups and drug money deliveries to others. When TP collected the
Trafficking in a drugs, he took them to JV’s premises for storage and sorting.
large commercial
quantity of a drug Police intercepted multiple parcels containing an average of 1.75g of
of dependence drugs posted by TN to others. A police search of TN’s house located
evidence that TN had posted 504 individual drug parcels over
Offender 2 approximately one month and had $159,505 cash which was proceeds
located in of crime.
Trafficking a
commercial A subsequent police search of JV and TP’s premises located:
quantity of a drug  138.1g of methylamphetamine (0.55 x CQ, 0.18 x LCQ);
of dependence  241.6g of heroin (0.97 x CQ, 0.32 x LCQ);
 79.1g of cocaine (0.16 x CQ, 0.08 x LCQ);
 139.3g of ecstasy (0.28 x CQ, 0.14 x LCQ); and
 $126,400 cash, 87 pairs of designer shoes, 55 designer label
handbags and 39 designer label purses or wallets, a designer
bracelet, and a designer watch all of which were proceeds of
crime.
JV sentenced on the basis that her offending occurred over one day
and that it was limited to her letting TN and TP store the drugs at her
premises. JV also on the basis that she was unaware of specifics the
drugs.
Offender 3 – no prior convictions, 34y female, adherence to bail
conditions mental health issues, anxiety, gambling problems, physical
health condition, arthritis, family support, previous good character,
parity, delay, totality, rehabilitation programs, very promising
prospects of rehabilitation.

DPP v Hamilton 10 months Trafficking in a drug G (early) Offending – O gave drugs to a delivery driver. Approximately three
[2021] VCC 1550 imprisonment of dependence x 3 (9 months later a police search of O’s car located drugs, cash, scales,
(time served) months two phones and a notebook containing drug dealing records. O was
imprisonment and arrested and granted bail. Two weeks later, a search warrant executed
26 months (2 26 month CCO, 6 at O’s home revealed more drugs, scales, $12,300 cash and evidence
years 2 months) months of an ongoing trafficking business. In total the drugs found in O’s car
CCO: imprisonment, 3 and home consisted of:
- Mental health months
imprisonment)  51.4g of methylamphetamine (0.21 x CQ, 0.07 x LCQ);
assessment and  690.7mg of 1,4-butanediol;
treatment Possession of  12.9g of MDMA (0.26 x CQ, 0.01 x LCQ);
- Drug proceeds of crime (3  less than 50mg LSD;
assessment and months)  2.8g ketamine (0.01 x CQ); and
treatment Committing an  4.3g cannabis.
- Supervision indictable offence Offender – prior convictions for unrelated offences, 44y male,
while on bail (1 increased custodial burden, drug use, character references, good work
month) history, previous good character, remorse, completion of courses,
Possession of a drug clean drug screens, letter to court, lockdown, billet, position of
of dependence responsibility in prison, low-moderate risk of re-offending, impact of
(convicted and Covid-19, very good prospects of rehabilitation.
discharged)

DPP v McGann 10 months Trafficking in a drug G (early) Offending – O and CO lived together at CO’s premises.
[2018] VCC 2008 imprisonment of dependence (10
months On thirteen occasions over approximately four months, O and CO
24 months (2 imprisonment and 2 sold cannabis to a police covert operative PCO in quantities ranging
years) CCO: year CCO) from 3.03g to 29.7g. In total O sold PCO 214.58g of cannabis (0.01 x
CQ) in exchange for $2,290 cash and 5 boxes of soft drink.
- Mental health Dealing with
assessment and Subsequent police surveillance over one week revealed that O and
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treatment property suspected CO engaged in at least 223 cannabis transactions with multiple
- Drug of being proceeds of customers.
assessment and crime ($250 fine) Separately, a police search of CO’s premises located 113.7g of
treatment cannabis in small snap-lock bags and two number plates belonging to
- Offending O which were suspected of being proceeds of crime.
behaviour
Offender – prior convictions for breach, dishonesty, driving, drug,
programs
property and weapons offences, prior offending for breach,
- Supervision dishonesty and drug offences, 49y female, difficult childhood, victim
- Judicial of childhood family violence, victim of childhood sexual assault, on
monitoring CCO at time of offending, mental health issues, depression, anxiety,
PTSD, increased custodial burden, drug use, physical health
$250 fine condition, pulmonary hypertension with limited life-expectancy,
Hepatitis C, chronic liver disease, character references, remorse,
extremely guarded prospects of rehabilitation.

Aychee [2017] 10 months Trafficking in a drug G (early) Offending – O trafficked methylamphetamine from his house that
VCC 104 imprisonment of dependence x 2 (8 was supplied by his interstate co-offender. Police tracked meetings
months’ and phone calls between them and arrested the co-offender at
24 month CCO: imprisonment x 2); Melbourne airport with 276.5g of methylamphetamine with an 80%
- alcohol and purity. The co-offender was bringing an undetermined amount of
treatment drugs, in excess of the trafficable amount, to O. Police then arrested
Possess drug of O and searched O’s house, discovering scales, deal bags and a book
- drug treatment dependence (7 days’ containing prices and weights relating to drug transactions, as well as
imprisonment) (24 a number of drugs, including two bags of methylamphetamine
month CCO on all totalling 17.02g (not for trafficking), of which 13.92g was pure.
offences) Police also found bags of cannabis totalling 5.14 kg (CQ x 0.21).
Comprehensive surveillance system installed. Multiple parties
involved in selling and purchasing. Sophisticated set up.
Offender – Prior drug convictions, 33 y Lebanese male, support of
family, immediate family in Lebanon near Syrian border, real
prospect of deportation, physical injury, character references,
community involvement, drug and alcohol use, good rehabilitation
prospects although cautious, medium risk of reoffending.

DPP v Thurgood 10 months Trafficking in a drug G Offending – A police search of O and CO’s home and person located:
[2022] VCC 2142 imprisonment of dependence x 4
(10 months, 6  81.4g of 80% pure methylamphetamine (0.33 x CQ, 0.11 x
18 months (1 year months x 2, 3 LCQ);
6 months) CCO: months); and  2 cannabis plants weighing 214.6g (0.01 x CQ);
 1,428.5g of 1,4-butanediol (0.71 x CQ, 0.07 x LCQ);
- Drug Negligently dealing  7g of cannabis;
assessment and with the proceeds of  nine bottles of alzopram; and
treatment crime (2 months)  $8,785 cash, being the proceeds of crime.
- Supervision
(On all offences – 18 Analysis of O’s phone located messages sent by O regarding
month CCO) trafficking drugs, including messages indicating O was intending to
sell 4 to 5L of 1,4-butanediol (2 x CQ, 0.2 x LCQ).
Offender – prior convictions for driving and drug offences,
subsequent convictions for dishonesty, driving, drug and weapons
offences, 25y female, victim of family violence, victim of childhood
sexual assault, mental health issues, depression, anxiety, drug use,
youthful offender, family support, character references, parity, delay,
totality, remorse, admissions to police, Renzella time, impact of
Covid-19, reasonably good prospects of rehabilitation.

Harris [2018] 10 months Trafficking a drug of G (early) Offending – Over approximately one month, O purchased a total of
VCC 1320 imprisonment dependence (9 196g of cocaine (0.39 x CQ, 0.2 x LCQ) in three transaction of 56g,

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18 months (1 year months 84g and 56g respectively, from his supplier CO1. O also arranged
6 months) CCO: imprisonment and payment to CO1 for the drugs and organised for either himself of his
18 month CCO) partner CO2 to collect the drugs.
- 100 hours
community work Prohibited person A search of O’s premises located an imitation firearm.
possessing an
O’s role in offending was that of an orchestrator and on-seller to
- Mental health imitation firearm (4
other on-sellers.
assessment and months)
treatment Offender – prior convictions for drug offences, 32y male, on CCO at
time of offending, drug use, family support, character references,
- Drug totality, remorse, clean drug screens, escalation in drug use following
assessment and suicide of close friend, first time in custody.
treatment
- Alcohol
assessment and
treatment
- Supervision

- Judicial
monitoring

DPP v Mansour 9.37 months (285 Trafficking in a drug G (early) Offending – Police attended O’s home to serve a firearms prohibition
[2019] VCC 365 days) of dependence; and order. O was sleeping in his car. When he opened the door, police
imprisonment detected a smell of cannabis. On searching the car, police found 23g
Prohibited person of methylamphetamine (0.9 x CQ, 0.03 x LCQ), a loaded five shot
possess a firearm double-action revolver, $7,760 in cash, smaller quantities of other
(aggregate sentence - drugs and additional ammunition. The firearm was possessed for the
285 days) purpose of trafficking.
Dealing with Offender – prior convictions, 20y male, difficult childhood, on CCO
property suspected at time of offending, PTSD, drug use, youthful offender, family
of being proceeds of support, remorse.
crime (7 days)
Committing an
indictable offence
while on bail (7
days)
Contravene bail
conditions (7 days)
Possessing a drug of
dependence
(convicted and
discharged)
Possess cartridge
ammunition
(convicted and
discharged)

DPP v Tran 9 months Trafficking in a drug G Offending – During a traffic stop a police search of O and CO’s car
[2022] VCC 142 imprisonment of dependence (6 and person located:
months
24 months (2 imprisonment and 2  88.2g of heroin (0.35 x CQ, 0.12 x LCQ) packaged in small
years) CCO: year CCO) deal bags;
- 150 hours  an imitation firearm; and
Non-prohibited
community person possessing an  $2,470.30 cash suspected of being proceeds of crime.
work
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- Drug
imitation firearm (3 O was on bail at the time of offending.
assessment and months)
treatment Offender – prior convictions for violence offences, prior offending
- Offending Committing an for drug offences, 33y male, difficult childhood, motivated by drug
indictable offence use, on bail at time of offending, drug use, family support, good work
behaviour
while on bail (7 history, totality, remorse, clean drug screens, impact of Covid-19.
programs
days)
- Supervision
Possession of a drug
$2,500 fine of dependence x 3
(aggregate sentence -
$1,500 fine)
Dealing with
property suspected
of being the
proceeds of crime
($1,000 fine)

DPP v Sioulas 9 months Trafficking in a drug G (early) Offending – Over three months, O while on bail supplied cocaine to
[2020] VCC 55 imprisonment of dependence x 2 (6 his drug rehabilitation counsellor (‘DRC’), who he was required to
months x 2) engage with as one of his bail conditions. DRC operated a drug
24 months (2
years) CCO: Knowingly dealing rehabilitation service which was the target of an IBAC investigation.
with the proceeds of DRC’s phone calls were intercepted, during some of which O on 19
- Drug crime (4 months) separate occasions sold, agreed to sell, and offered to sell the
assessment and counsellor not less than 20g of cocaine and not less than 6.8g of
treatment Committing an methylamphetamine.
indictable offence
- Supervision
while on bail x 2 (2 DRC knowing random drug tests was a condition of O’s bail
- Judicial months x 2) provided O with notice as to when the drug tests were going to occur
monitoring so as to allow O the chance to provide clean samples. With this
Trafficking in a drug
$500 fine of dependence x 2; knowledge O successfully passed six drug tests which were relied on
and in the Magistrates’ Court to extend his bail.

Attempting to Separately two years later, O while washing a car at a car wash was
pervert the course of approached by police who had noticed O’s car had false registration
justice (On these plates. A police search of the car located four Ziplock bags
offences- 2 year containing 67g of methylamphetamine, two Ziplock bags containing
CCO) 23 MDMA tablets and a Ziplock bag containing 30g of loose
Fraudulent use of cannabis. In addition, the police also found scales, a smoking pipe
registration plates and $3355.10 cash which was proceeds of crime.
($400 fine) A subsequent police search of O’s premises located three Ziplock
Possession of a drug bags containing 277 MDMA pills weighing 90.9g and $14,850 in
of dependence ($100 cash which was proceeds of crime.
fine)
O was on bail and a CCO at the time of this offending.
Offender – prior convictions for breach and drug offences, 52y male,
on CCO at time of offending, on bail at time of offending, drug use,
family support, character references, good work history, totality,
remorse, admissions to police, reasonable prospects of rehabilitation.

DPP v Nguyen 9 months Trafficking in a drug G (early) Offending – On two separate occasions O sold heroin to a police
[2020] VCC 259 imprisonment of dependence x 2 (9 covert operative PCO. On the first occasion, O sold 56g of 75-80%
months and 2 years pure heroin (0.22 x CQ, 0.07 x LCQ) to PCO. On the second
24 months (2 CCO x 2) occasion, O sold 54.9g of 78-81% pure heroin (0.22 x CQ, 0.07 x
years) CCO: LCQ) to PCO.
- 200 hours Offender – no prior convictions, 29y male, difficult childhood,
community adherence to bail conditions, depression, anxiety, good work history,
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work assistance to authorities, rehabilitation programs, good prospects of

rehabilitation.
- Mental health
assessment and
treatment

DPP v Perks 9 months Trafficking in a drug G Offending – A Police raid of O’s apartment located:
[2018] VCC 1464 imprisonment of dependence x 3;
 a sawn-off shotgun that O had thrown through an open
24 months (2 Dealing with window as police entered his apartment.
years) CCO: property suspected  4.8kg of tetrahydocannabinol (cannabis oil) which O had
of being proceeds of manufactured;
- 200 hours crime x 2; and  3.5kgs of cannabis (0.14 x CQ, 0.01 x LCQ);
community work
- Mental health Non-prohibited  50g MDMA (0.1 x CQ, 0.05 x LCQ);
assessment and person in possession  an unspecified quantity of fireworks; and
treatment of a registered  $14,555 suspected of being proceeds of crime.
- Drug assessment firearm (aggregate O sentenced on basis that he was an on-seller for other dealers and
and treatment sentence - 9 months that his phone revealed further trafficking in unspecified amounts of
- Offending imprisonment and 2 MDMA and cannabis over approximately six months.
behaviour years CCO)
programs Offender – no prior convictions, 25y male, difficult childhood, victim
Possession of of childhood family violence, mental health issues, suicidal ideation,
- Supervision explosives suicide attempt, drug use, youthful offender, good work history.
(convicted and
discharged)

Crow [2016] 9 months’ Trafficking in a drug G (early) Offending – Over 2 month period, O’s phone intercepts revealed
VCC 1379 imprisonment of dependence (9 drug-trafficking activity. Search of O’s home found snap lock bags
months’ containing 290.7 g (9.49 g pure) of methylamphetamine (0.09 x CQ),
24 month CCO (2 imprisonment). 133.3 g (32.13 g pure) of pseudoephedrine (0.32 x CQ), 0.2 g of
years): cocaine, 6.8 g of steroids, $535, multiple mobile phones, bottles
- drug and alcohol Trafficking in a drug labelled ‘Diggers Acetone’, and other drug manufacturing
treatment; of dependence; and paraphernalia. One of the substances contained a mixture consistent
- mental health Possession of a drug with process of extracting pseudoephedrine from pharmaceutical
treatment; of dependence x 2 preparations, and various other substances and equipment suitable for
- supervision; (on all offences – 2 manufacturing methylamphetamine.
and year CCO).
- judicial Offence – Prior drug convictions, 32 y male, on suspended sentence,
monitoring. troubled family background, PTSD symptoms, qualified chef, trades
assistant work since accident, reliable and hardworking, long and
extensive history of drug abuse, partner died of drug overdose in
2009, fair prospects of rehabilitation.

DPP v Verrina 9 months Trafficking in a drug G Offending – O told an associate CO that he could supply 1,4-
[2019] VCC 1398 imprisonment of dependence (9 butanediol. O had a friend who could supply him with a similar
months); and looking product, which O intended to pass off as 1,4-butanediol.
18 months (1 year
6 months) CCO: Dealing in property Over approximately five weeks, O supplied CO with an unspecified
suspected of being amount of substance which O held out to be 1,4-butanediol.
- 150 hours proceeds of crime
community (On these offences - A police search of O’s premises located $26,900 cash and a ring
work 18 month CCO) suspected of being proceeds of crime, an ASP extendable baton, and
a handgun.
- Supervision
Prohibited person in
- Judicial possession of a Offender – prior convictions for dishonesty, driving and drug
firearm (2 months) offences, prior offending for dishonesty, drug and weapons offences,
monitoring
43y male, adherence to bail conditions, motivated by financial gain,
Possession of a mental health issues, depression, PTSD, increased custodial burden,
prohibited weapon good work history, carer for partner, remorse, limited English skills,
(1 week) time spent in immigration detention, reasonable prospects of
rehabilitation.

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DPP v Galbraith 9 months Trafficking in a drug G (early) Offending – Over a two month period, Australian Border Force
[2022] VCC 1837 imprisonment of dependence x 2 (7 (ABF) officers intercepted three packages addressed to O containing
months a total of 12,966.60g of 1,4-butanediol (6.48 x CQ, 0.65 x LCQ).
18 months (1 year imprisonment, 3 Following this offence, O was granted bail for unrelated offences.
6 months) CCO: months
imprisonment) A subsequent police search of O’s home located 14.2g of
- 100 hours methylamphetamine (0.06 x CQ, 0.02 x LCQ), 9.6g of 1,4-
community Possession of a drug butanediol, tablets containing 5.7g of Alprazolam and Xanax, as well
work of dependence x 3 as paraphernalia used in the trafficking of drugs. Subsequent analysis
- Mental health (aggregate sentence - of O’s phone located several messages between O and other persons
assessment and 3 months relating to the sale of drugs.
treatment imprisonment and
18 month CCO) Police also located photocopies of a passport and drivers’ licence in
- Drug the name of another person, as well a bank card in the name of a
assessment and Possession of a drug second unknown person. Police also located $1,750 in cash suspected
treatment of dependence (1 of being the proceeds of crime.
- Supervision month
Offender – prior convictions for drug offences, 34y male, motivated
imprisonment)
by financial gain, motivated by drug use, mental health issues, drug
Possession of use, physical health condition, back injury, family support, good
identification work history, first time in adult custody, completion of courses, clean
information (1 drug screens, likelihood of deportation, impact of Covid-19, excellent
month prospects of rehabilitation.
imprisonment)
Committing an
indictable offence
while on bail (1
month
imprisonment)
Dealing with
property suspected
of being the
proceeds of crime x
2 (aggregate
sentence - 1 month
imprisonment)

DPP v Barnfield 9 months Trafficking in a drug G (early) Offending – A police search of O’s premises located:
[2020] VCC 631 imprisonment of dependence x 2 (7
months  72.9g of methylamphetamine (0.29 x CQ, 0.1 x LCQ), of
12 months (1 imprisonment and which 39.7g was pure (0.79 x CQ, 0.08 x LCQ);
year) CCO: 12 month CCO, 2  38g of cannabis as well as an unspecified amount of loose
- Mental health months cannabis;
imprisonment)  9.4g of heroin (0.04 x CQ, 0.01 x LCQ), of which 1.69g was
assessment and
treatment Possessing a drug of pure (0.03 x CQ);
- Drug dependence (2  one imitation handgun;
assessment and months)  one steel sword;
treatment  one homemade taser;
Prohibited person in
- Offending possession of an  a single round of cartridge ammunition; and
behaviour imitation firearm  $5,250 cash suspected of being proceeds of crime.
programs ($50 fine without
A mobile phone was also seized revealing evidence of drug
- Supervision conviction)
trafficking activity by O in relation to the cannabis and
$400 fines Possessing a methylamphetamine.
prohibited weapon
without an Offender – prior convictions for breach and drug offences, 38y
exemption ($300 female, victim of family violence, on CCO at time of offending, drug
fine) use, motivated by drug use and financial need, family support,
character references, carer for children, remorse, assistance to
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Possessing cartridge authorities, context of family violence, first time in adult custody,
ammunition ($50 rehabilitation programs, clean drug screens, lockdown, good
fine without prospects of rehabilitation.
conviction)

DPP v Teh [2019] 9 months Trafficking in a drug G Offending – O was in a relationship with her co-offender CO. Over
VCC 391 imprisonment of dependence (9 one month, they jointly trafficked 45.15g of methylamphetamine of
months) unknown purity (0.18 x CQ, 0.06 x LCQ) through eight small
transactions. The trafficking ended when police searched O’s
Possession of a drug apartment. Inside the apartment police located 0.1g of cocaine, 8.9g
of dependence x 3 of 1,4 Butanediol and 18.5g of a mixed substance containing 13g of
(14 days, 7 days x 2) ephedrine, along with a capsicum spray canister.
Possessing a weapon Offender – no prior convictions, 27y female, character references,
without exemption remorse, completion of courses, clean drug screens, likelihood of
(14 days) deportation, in Australia on a student visa, good prospects of
rehabilitation.

DPP v Ferguson 8.94 months (272 Trafficking in a drug G (early) Offending – O had been under police surveillance by a major drug
[2020] VCC 595 days) of dependence (272 investigation unit.
imprisonment days)
(time served) O while driving with two passengers was intercepted by police. A
Possession of a drug police search of the car located a locked case containing 96.6g of
$1500 fine of dependence; and methylamphetamine (0.39 x CQ, 0.13 x LCQ). Police also located
$1,455 cash suspected of being proceeds of crime.
Dealing with
property suspected A subsequent police search of O’s premises located 24.3g of
of being the cannabis.
proceeds of crime
(aggregate sentence - Offender – no prior convictions, subsequent offending for drug
$1500 fine) offences, 37y male, motivated by financial gain, drug use, delay,
completion of courses, first time in adult custody, physical condition,
increased custodial burden, reasonably good prospects of
rehabilitation.

Gardam [2016] 8.38 months (255 Trafficking in a drug G (early) Offending – O went to Melbourne on 4 occasions and brought back
VCC 191 days) of dependence; an indeterminate amount of cannabis that O then sold. Probable that
(time served) Possession of a drug O brought back 1 pound of cannabis on each occasion (total: 0.07 x
of dependence; and CQ). When O was arrested, police located cannabis and LSD in a bag
Prohibited person and an imitation firearm. Firearm not a dangerous weapon, but may
possess imitation have been perceived as one if used in criminal way.
firearm (aggregate
sentence – 255 Offender – Prior drug convictions, subsequent convictions, drug use,
days). 37 y male, cessation of drug taking, Renzella time.

DPP v Cutajar 8 months Trafficking in a drug G (early) Offending – O was present during a police raid of CO’s residential
[2022] VCC 1879 imprisonment of dependence (8 premises. O and CO were standing at the kitchen bench of the home
months removing a cup containing 54.9g of methylamphetamine (0.22 x CQ,
24 months (2 imprisonment and 2 0.07 x LCQ), with a purity of 81% from CO’s stock of
years) CCO: year CCO) methylamphetamine. The 54.9g of methylamphetamine was removed
- 200 hours by CO for the purposes of O purchasing the drug for resale.
Contravention of a
community condition of bail x 2 O was granted bail with a conduct condition requiring him to use a
work (14 days mobile phone provided to him and not possess any other phones. O
- Drug imprisonment, $750 breached this condition on two occasions by calling the police station
assessment and fine) on a different phone and possessing two mobile phones during a
treatment compliance check.
- Offending Offender – prior convictions for drug and property offences,
behaviour subsequent convictions for breach, drug and property offences, 30y
programs male, mental health issues, anxiety, victim of assault, drug use,
family support, delay, totality, rehabilitation programs, impact of
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- Supervision
Covid-19, limited prospects of rehabilitation.
- Judicial
monitoring
- Drug testing

$750 fine

DPP v Legg 8 months Trafficking in a drug G Offending – O and an acquaintance CO were under police
[2020] VCC 1459 imprisonment of dependence x 3 (7 surveillance for suspected drug trafficking.
months, 3 months, 1
24 months (2 month); Surveillance established that:
years) CCO:
Possession of a  over one year O sold 235.1g of methylamphetamine (0.94 x
- Mental health prohibited weapon CQ, 0.31 x LCQ) to others;
assessment and without exemption  over two months O sold 1.81L of 1,4-butanediol (0.91 x CQ)
treatment or approval (1 and had 0.4g in his possession at arrest;
- Drug month); and  over two months O sold 48 tablets of diazepam to others.
assessment and Dealing with A police search of O’s premises and storage unit located a canister of
treatment property suspected capsicum spray, $695 cash, and a bag of stolen power tools.
- Supervision of being proceeds of Separately on at least on occasion over two months O while
crime (1 month) unlicensed drove her car.
$500 fine
(On these offences – Offender – no prior convictions, subsequent convictions,
2 year CCO) imprisonment Verdins, 29y female, difficult childhood, victim of
Driving while sexual assault, on CCO at time of offending, mental health issues,
suspended ($500 anxiety, PTSD, drug induced psychosis, borderline personality
fine) disorder, suicide attempt, drug use, homelessness, family support,
character references, previous good character, totality, impact of
Covid-19, good prospects of rehabilitation.

El Achkar [2016] 8 months’ Trafficking in a drug NG – to Offending – O was an associate that was used by head of criminal
VCC 34 imprisonment of dependence x 2 1 charge; syndicate to conduct his drug trafficking. O sold 56 g of
(time served) (aggregate sentence G (early) methylamphetamine to the head of the syndicate for $13,200 (0.11 x
Appeal against – 8 months’ – to 1 CQ). 7 days later O supplied 27.8 g of methylamphetamine (70%
24 month CCO (2 imprisonment). charge. purity) to co-offender who sold drug to a police covert operative for
sentence allowed years):
(manifest excess) - drug treatment; $9000 (0.06 x CQ). Prevalent crime.
On all offences - 2
[2016] VSCA 209 - offending year CCO. Offender – Prior drug convictions, 30 y male, drug use, on bail,
behaviour difficult childhood, sustained application to rehabilitate, ability to
summarised in programs; and maintain 2 CCOs since commission of offences, maintained strict bail
Trafficking a drug - supervision. conditions, support of family.
of dependence –
Court of Appeal
recent cases

DPP v Naidu 8 months Trafficking in a drug G Offending – Early in the morning police officers formed the view that
[2019] VCC 929 imprisonment of dependence x 2 O was involved in a drug deal and attempted to approach him while
(aggregate sentence - he was seated on a motorcycle which had number plates from a
18 months (1 year 8 months different motorcycle attached. O while unlicenced attempted to flee
6 months) CCO: imprisonment and 8 on the motorcycle before fleeing briefly on foot. As O fled, he
- 200 hours months CCO) dropped a small flick knife.
community Dealing with Upon arrest, O was found to have 86g of methylamphetamine (0.34 x
work property suspected CQ, 0.11 x LCQ), 167.2g of 1,4-butanediol (0.08 x CQ, 0.01 x LCQ),
- Mental health of being proceeds of a Viagra tablet, and $250 cash on his person.
assessment and crime; Offender – prior convictions for breach, dishonesty, driving and drug
treatment Possessing a offences, 23y male, difficult childhood, drug use, age of offender,
- Drug controlled weapon family support, character references, remorse, rehabilitation
assessment and without excuse; programs.

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treatment
Unlicensed driving;
and
Committing an
indictable offence
while on bail
(aggregate sentence -
12 months CCO)
Possession of a drug
of dependence
(convicted and
discharged)
Driving a vehicle
without number
plates affixed
(convicted and
discharged)

DPP v Edmonds 8 months Trafficking in a drug G (early) Offending – A search of O’s home located 243.3g of
[2022] VCC 1639 imprisonment of dependence x 2 (6 methylamphetamine (0.97 x CQ, 0.32 x LCQ) (194g pure), 6.4g of
months x 2); and heroin (0.03 x CQ, 0.01 x LCQ) and a ledger with details of drug
12 months (1 transactions. Police also located an imitation handgun, cartridge
year) CCO: Prohibited person in ammunition, a stolen driver’s license and $13,125 in cash, being the
possession of a proceeds of crime.
- Mental health firearm (5 months)
assessment and (On these offences - O was on bail at the time of offending and was found to have two
treatment 12 month CCO) mobile phones in his possession, in contravention of one of his bail
- Drug conditions. O refused to provide police with the passcode for the
Failing to comply additional mobile phone.
assessment and with police
treatment directions (3 Offender – prior convictions for dishonesty and drug offences, 22y
- Alcohol months) male, difficult childhood, on bail at time of offending, motivated by
assessment and drug use, mental health issues, alcohol and drug use, youthful
Negligently dealing offender, character references, delay, lost opportunity at concurrency,
treatment
with proceeds of
- Offending crime (2 months)
remorse, first time in adult custody, rehabilitation programs, clean
behaviour drug screens, lockdown, impact of Covid-19.
programs Handling stolen
- Supervision goods (1 month)
- Judicial Committing an
monitoring indictable offence
- Abstain from while on bail (7
days)
alcohol for 6
months Contravention of a
- Restricted from conduct condition of
entering any bail (7 days)
premises with a Possession of
liquor license ammunition without
for 6 months a license (convicted
- Curfew for 3 and discharged)
months

DPP v Elliott 7.99 months (243 Trafficking in a drug G (early) Offending – A police search of O’s premises located a number of
[2022] VCC 2326 days) of dependence (243 drugs, including a trafficable quantity of cocaine and 1,4-butanediol:
imprisonment days imprisonment);
(time served)  259.3g of cocaine (1.04 x CQ, 0.35 x LCQ) (of which
Trafficking in a drug 208.7g had a purity of 18% and 50.5g had a purity of 51%);
36 months (3 of dependence;
years) CCO:  80 Xanax tablets;
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- 100 hours Possession of a drug  178.7g of 1,4-butanediol (0.09 x CQ, 0 x LCQ);

community of dependence x 4;
 1g of ketamine;
work Handling stolen
- Mental health goods;  250mL of testosterone; and
assessment and  18.1g of MDMA tablets.
Dealing with
treatment
property suspected Further, police located two bank cards and ID cards in the name of
- Drug of being the
assessment and another person, a flick knife and $8,912.85 in cash, suspected of
proceeds of crime; being the proceeds of crime. Additionally, O was on bail at the time
treatment
Possession of a of offending.
- Supervision
prohibited weapon; Offender – no prior convictions, subsequent convictions for drug
and offences, 36y male, on bail at time of offending, mental health issues,
Committing an depression, anxiety, ADHD, drug use, physical health condition,
indictable offence coronary heart disease, family support, good work history, first time
while on bail (On all in adult custody, rehabilitation programs, impact of Covid-19,
offences - 3 year medium risk of re-offending, excellent prospects of rehabilitation.
CCO)

DPP v Marsden 7.99 months (243 Trafficking in a drug G Offending – A police search of O’s self-storage unit located $10,033
[2022] VCC 498 days) of dependence x 2; cash, 53g of 86% pure methylamphetamine (0.21 x CQ, 0.07 x LCQ),
imprisonment a bottle of unspecified clear liquid and keys to a separate storage
Possession of a drug locker.
12 months (1 of dependence x 2;
year) CCO: A subsequent police search of the separate storage locker located
Possession of a unspecified quantities of methylamphetamine, taser cartridges,
- Mental health prohibited weapon; shotgun cartridges and various power tools and hardware suspected
assessment and Possession of of being proceeds of crime.
treatment ammunition without Messages found on O’s phone showed evidence of drug sales.
- Drug a licence; and
assessment and Offender – prior convictions for drug offences, 39y female, difficult
Dealing with childhood, mental health issues, character references, drug use,
treatment
property reasonably completion of courses, rehabilitation programs, billet, clean drug
- Supervision suspected of being screens, impact of Covid-19.
- Judicial proceeds of crime x
monitoring 2 (aggregate
sentence - 243 days
imprisonment and
12 month CCO)

McLachlan 7.89 months Trafficking in a drug G (early) Offending – O was a fence in an organised crime syndicate.
[2018] VCC 1177 imprisonment of dependence x 2;
(240 days) (time Over approximately five and a half months, O received and sold
served) Handling stolen stolen goods from a house leased by his grandmother. A police search
goods x 2; of this premises located 112 stolen items, including:
24 months (2
years) CCO: Using a false  three jet skis and an off-road motorbike;
document to the  a large quantity of power and hand tools;
- Mental health prejudice of another  two designer ski jackets, laptops, tablets, phones and other
assessment and x 2; electronic devices.
treatment Possession of a The value of the stolen items was in excess of $80,000.
prohibited weapon
- Drug Police also located:
without exemption x
assessment and 2;
treatment  $6,610 cash suspected of being proceeds of crime; and
Possession of a  a sword, three machetes, two daggers, a pair of saijitte, eight
- Offending controlled weapon knives and a homemade expandable baton.
behaviour without lawful
O was arrested and released on bail.
programs excuse;
Approximately six months later a second police search of O’s
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- Supervision Dealing with premises located:

property suspected
- Judicial of being proceeds of  four snap lock bags with 1.63g, 0.4g, 0.57g and 2.13g of
crime; and methylamphetamine (0.02 x CQ, 0.01 x LCQ);
monitoring
 46 ecstasy tablets;
$500 fine Commit an  drug trafficking items, including digital scales, deal bags, and
indictable offence measuring containers;
while on bail  multiple stolen goods including two vehicles, electronic
(aggregate sentence - devices and equipment, jewellery, and power and hand tools;
240 days  stolen weapons, including a dagger, four samurai swords, a
imprisonment and 2 slingshot, two laser pointers, knuckledusters, a ninja
year CCO) throwing star and five rounds of various calibre ammunition;
Possess cartridge and
ammunition ($500  $585 cash suspected of being proceeds of crime.
fine) Separately, O also submitted false registration documents listing
himself as the owner of two of the stolen jet skis to VicRoads.
Offender – prior offending for drug and violence offences, 35y male,
difficult childhood, on bail at time of offending, motivated by drug
use, increased custodial burden, drug use, family support, character
references, good work history, previous good character, delay,
protection in custody, clean drug screens, some admissions to police,
first time in custody, quite good prospects of rehabilitation.

DPP v Bensch 7.82 months Trafficking in a drug G (early) Offending – A police search of O’s premises located:
[2019] VCC 1244 imprisonment of dependence x 2
(time served) (150 days x 2);  497.7g of 91% pure ketamine (0.99 x CQ, 0.5 x LCQ);
 325 whole and five half tablets of Xanax; and
28 months (2 Dealing with  Unspecified steroids.
years 4 months) proceeds of crime
CCO: (30 days); O was arrested and released on bail.

- 350 hours Possession of a Two days later a second police search of O’s premises located:
community prescribed drug (28  a package containing 499.2g of 81% pure MDMA (0.99 x
work days); and CQ, 0.5 x LCQ);
- Drug Possession of a drug  a package containing 14.1g of 40% pure cocaine (0.03 x CQ,
assessment and of dependence x 2 0.01 x LCQ); and
treatment (On all offences - 28  $10,550 cash suspected of being proceeds of crime.
- Offending month CCO)
Offender – no prior convictions, 25y male, motivated by financial
behaviour gain, depression, family support, character references, previous good
programs character, remorse, letter to court, letter of apology, very good
- Supervision prospects of rehabilitation.

DPP v Micallef 7.36 months (224 Trafficking in a drug G (early) Offending – CO2 was part of a targeted police operation, during
[2020] VCC 728 days) of dependence (224 which O and CO1 became apparent on telephone intercepts.
imprisonment days imprisonment
(time served) and 2 year 6 month O trafficked approximately 5.75 ounces (approximately 163g) of 80-
CCO) 86% pure methylamphetamine (0.65 x CQ, 0.22 x LCQ).
30 months (2
years 6 months) O and CO1 drove to meet CO2 in order to purchase drugs. O, CO1
CCO: and CO2 were subsequently arrested at a hotel, where items including
scales, cash, and a small handheld digital cash counting machine
- 300 hours were found. Police also located 82g of 82% pure methylamphetamine
community (1.64 x CQ, 0.16 x LCQ) in the room.
work
- Drug Offender – prior convictions for drug offences, prior offending for
assessment and breach, drug and similar offences, subsequent offending for breach
treatment offences, 27y male, difficult childhood, on CCO at time of offending,
drug use, family support, homelessness character references, good
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work history, parity, remorse, rehabilitation programs, completion of

courses, clean drug screens, letter to court, lockdown, increased
custodial burden, impact of COVID-19, very good prospects of
rehabilitation.

DPP v May 7.27 months (221 Trafficking in drugs G (early) Offending – O got into a verbal argument with his partner V. During
[2021] VCC 377 days) of dependence (221 the argument O retrieved a .22 calibre sawn-off shotgun and pointed
imprisonment days); and it at V’s face.
(time served)
Theft of a firearm Upon arrest a police search of O’s premises located the shotgun
24 months (2 (221 days) which was previously stolen from another premises.
years) CCO:
(On these offences - Separately over one month, O sold at lease 3.58g of amphetamines
- Drug 2 year CCO) (0.01 x CQ).
assessment and Common law assault O while on bail breached his conditions of bail by not residing at his
treatment (6 months) designated address.
- Offending
Handling stolen Offender – prior convictions for drug, property and weapons
behaviour
goods (6 months) offences, 25y male, on bail at time of offending, mental health issues,
programs
intellectual disability, alcohol and drug use, family support,
- Supervision Theft (60 days)
protection in custody, impact of Covid-19.
- Justice Plan Possession of a drug
of dependence (60
$330.44 fine days)
Committing an
indictable offence
while on bail (1
month)
Contravention of a
condition of bail (1
month)
Possession of
ammunition without
a licence ($330.44
fine)

Le [2016] VCC 7 months’ Trafficking in a drug G (early) Offending – Upon searching O and his car, police discovered 20.3 g
485 imprisonment of dependence x 5 (6 of heroin, 3 g of methylamphetamine (0.03 x CQ), drug
(time served) months x 2; 2 paraphernalia, $3715 in cash and key ring containing knife. At O’s
months; 1 month x parents’ house police located 157.03 g of heroin (0.63 x CQ), 33 g of
36 month CCO (3 2); methylamphetamine (0.33 x CQ), 75.76 g of cannabis (0.003 x CQ),
years): Being a prohibited various medication, 2 butterfly knives, 2 samurai swords, a sawn-
- judicial person in possession off .22 calibre rifle modified to be fully automatic, 2 magazines
monitoring; of a firearm (3 with .22 calibre ammunition and a further 170 rounds of .22
- drug treatment; months); ammunition, a knuckleduster, a laser pointer and a bamboo handled
- mental health Possession of a drug sword. O made admissions that he had been dealing drugs for almost
treatment; of dependence (2 1 year with amounts between 0.1 to an ounce. Business slowly built
- offending months); up. O made about $800 per day, but it used to be busier. Significant
behaviour Driving whilst amount of produce and variety of drugs. Not just street level dealing
programs; suspended (1 month and not only to support own habit. Sword and knuckleduster for self-
- supervision; and imprisonment, 2 defence. Firearm and ammunition exchanged with customers for
- any other year licence heroin. Serious nature of firearm and ammunition involved in
treatment and disqualification); offending. Some other weapons in possession for display. Amount
rehabilitation as Negligently dealing and variety of weapons.
recommended by with proceeds of
Corrections. crime (1 month); Offender – Prior driving convictions, no pending matters, drug use,
Being an unlicensed 31 y male, co-operation, admissions, support of family and friends,
$1700 fine person with insecure work history, abstinence of drugs in gaol, courses completed in

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2 year licence storage of firearm custody, prospective employment, desire to cease drug use and
disqualification and ammunition (1 trafficking, never had opportunity to participate in treatment,
month); remorse, rehabilitation prospects dependent on capacity to address
Possessing a drug issues.
prohibited weapon x
8 ($200 fine x 8);
and
Possessing cartridge
ammunition ($100
fine).
On all offences – 3
year CCO.

Maatouk [2016] 7 months’ Trafficking in a drug G (early) Offending – O in possession of mobile phone, $1370 in cash and zip
VCC 1171 imprisonment of dependence (6 lock bag containing 0.9 g of substance containing
(time served) months’ methylamphetamine. A bag containing 820 ecstasy tablets weighing
imprisonment); and 168.9 g with purity level between 20% - 25% (0.34 x CQ), 69 white
24 month CCO (2 Possession of a drug tablets and 29 tablet portions weighing 14 g and containing
years): of dependence (1 Zopliclone, digital scales and a machete also located in motel rooms
- supervision; month that O had used. O on appeal bail. Trafficking in amphetamines at
- community work imprisonment). such level serious offending.
(200 hours);
- drug treatment; On all offences – 2 Offender – Prior convictions, 51 y male, unhappy upbringing, work
- medical year CCO. history, drug use, after marriage ended O became suicidal and
treatment; and depressed, drug use to stabilise mood, engaging well with CCO for
- mental health Commit indictable unrelated offending, negative drug screens, rehabilitation efforts in
treatment. offence whilst on custody, remorse.
bail ($200 fine);
$400 fine
Possess prohibited
weapon without
exemption ($100
fine); and
Possess Schedule 4
poison ($100 fine).

Mercuri [2017] 6.97 months (212 Trafficking in a drug G (early) Offending – O received two deliveries of methylamphetamine, the
VCC 1658 days) of dependence first being 7g, and the second being 49.5g found in a speaker box.
imprisonment Total amount trafficked was 56.5g (0.56 x CQ).
(time served)
Offender – prior conviction for violence offence, 36 y male, drug use,
6.18 months (188 family support, character references, lockdown, adherence to
days) CCO coercive bail conditions.
(wholly
concurrent with
CCO O already
serving):
- Supervision
- Drug assessment
and treatment

DPP v Patterson 6.35 months (193 Trafficking in a drug G (early) Offending – Police executed a search warrant at a hotel room where
[2021] VCC 1248 days) of dependence (193 O and CO were staying. Police located 519.8g of 79-81% pure
imprisonment days imprisonment methylamphetamine (2.08 x CQ, 0.69 x LCQ), scales, and $33,710
(time served) and 2 year CCO) cash.
24 months (2 Dealing with O was arrested and eventually released on bail with a curfew
years) CCO: property suspected condition. O breached the curfew condition of her bail by not being
of being the
- Mental health present at her bail address.
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assessment and proceeds of crime (3 O sentenced on the basis that she was trafficking simpliciter and
treatment months) unaware of the precise amount of methylamphetamine present in the
- Drug room, and that she played a lesser role than the principal offender
Contravention of a
assessment and conduct condition of CO.
treatment bail (convicted and Offender – prior convictions for drug offences, prior offending for
- Alcohol discharged) breach, dishonesty, drug, property and violence offences, 21y female,
assessment and difficult childhood, victim of childhood family violence, mental
treatment
health issues, suicide attempt, alcohol and drug use, youthful
- Supervision offender, parity, remorse, rehabilitation programs, lockdowns, clean
- Judicial drug screens, impact of Covid-19.
monitoring

DPP v Jaworski 6 months Attempting to traffic G Offending – O engaged in conversation with an acquaintance CO
[2020] VCC 293 imprisonment in a drug of using an encrypted communication app on his phone during which O
dependence (6 agreed to take delivery of a package for CO in exchange for $1,500.
30 months (2 months
years 6 months) O provided his address to CO.
imprisonment and
CCO: 30 month CCO) The package for O was intercepted by authorities and found to
- 100 hours contain 2.9kg of 84-85% pure methylamphetamine (11.6 x CQ, 3.87
Possession of a drug
x LCQ) concealed in the lining of two suitcases.
community of dependence (7
work days) A controlled delivery occurred during which O’s father accepted the
- Mental health package for O as O was not at home.
assessment and
treatment A subsequent police search of O’s premises located an unspecified
amount of testosterone which O had for personal use.
- Drug
assessment and O sentenced on the basis that he knew the packages were likely to
treatment contain drugs but that he had no knowledge of the amount of drugs
- Supervision involved.
Offender – no prior convictions, 22y male, victim of shooting while
on bail, motivated by financial gain, mental health issues, drug use,
increased custodial burden, youthful offender, family support, good
work history, previous good character, carer for parent, remorse, first
time in adult custody.

Dimu [2018] 6 months Trafficking in a drug G (early) Offending – On two occasions, O respectively purchased 23g (0.05 x
VCC 1336 imprisonment of dependence x 2 (6 CQ, 0.02 x LCQ) and 3.77g of cocaine (0.01 x CQ) from CO, which
months and 2 year he intended to on-sell.
24 months (2 CCO, 6 months)
years) CCO: Over approximately five weeks, O purchased 140g of
Prohibited person in methylamphetamine (0.56 x CQ, 0.19 x LCQ) in three transactions of
- 120 hours possession of an 56g, 28g and 56g respectively. O planned on on-selling the
community work imitation firearm (1 methylamphetamine.
month)
- Mental health A police search of O’s premises located:
assessment and Possession of a drug  one tablet of alprazolam weighing 0.1g;
treatment of dependence
(convicted and  a black and silver imitation semi-automatic handgun with
- Drug discharged) magazine; and
assessment and Dealing with  $150 cash suspected of being proceeds of crime.
treatment property suspected Offender – prior convictions for driving and drug offences, 34y male,
of being proceeds of motivated by drug use, depression, drug use, family support,
- Alcohol
crime (convicted and character references, good work history, remorse, clean drug screens,
assessment and first time in custody.
discharged)
treatment

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- Supervision

- Judicial
monitoring

DPP v Paul 6 months Trafficking in a drug G Offending – O was driving an unregistered car when he was
[2021] VCC 342 imprisonment of dependence (5 intercepted by police. A police search of O’s car located a notebook
(cumulative upon months) with drug related entries and 72.9g of methylamphetamine (0.29 x
sentence O CQ, 0.1 x LCQ).
currently serving) Possession of a
prohibited weapon A subsequent police search of O’s house located 12 tablets of 3,4-
$500 fine (rolled-up) (1 methylenedioxyamphetamine, a taser, a laser, an extendable baton,
month) and a machete.
Possession of a Offender – no prior convictions, subsequent convictions for breach,
controlled weapon driving, dishonesty, drug and weapons offences, 31y male, mental
(1 month) health issues, depression, alcohol and drug use, delay, totality, bleak
prospects of rehabilitation.
Possession of a drug
of dependence ($250
fine)
Using an
unregistered motor
vehicle on a
highway ($250 fine)

DPP v Llewellyn 6 months Trafficking in a drug G (early) Offending – Over two months, O made 400 transactions of 0.1g of
[2018] VCC 2163 imprisonment (3 of dependence (6 methylamphetamine (0.16 x CQ, 0.05 x LCQ) to unspecified persons.
months months) O received a total of $20,000 from the transactions.
cumulative upon
sentence O Possession of a drug A police search of O’s premises located an unspecified small amount
currently serving) of dependence (1 of methylamphetamine.
month)
O sentenced on the basis that he was a low-level dealer of
methylamphetamine.
Offender – prior convictions for breach, dishonesty, driving and drug
offences, 32y male, drug use, family support, character references,
delay, totality, remorse, completion of courses.

DPP v Zakariya 6 months Trafficking in a drug G Offending – O2’s brother CO1 was part of a drug syndicate under
[2020] VCC 603 imprisonment of dependence surveillance by the police.
(time served)
Offender 2 An exchange of eight 200L barrels, containing 1,4-Butanediol (800 x
CQ, 80 x LCQ) to another drug syndicate, was planned by CO1.
Offender 1
located in O2, CO2 and CO3 were arrested while in the process of loading the
Firearms offences barrels of 1,4-butanediol into a trailer attached to a van for delivery to
the other drug syndicate.
During a search of the van, police located a sawn-off shotgun, which
had O1’s DNA on it.
During a subsequent search of CO1’s home, police located a handgun
and a semi-automatic handgun, which both had O1’s DNA on them.
O2 sentenced on the basis that he assisted on several occasions and
his role was ongoing.
Offender 2 – prior offending for breach, dishonesty, driving and drug
offences, subsequent offending for breach offences, 28y male,
difficult childhood, refugee, drug use, family support, character
references, remorse, rehabilitation programs, completion of courses,

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reasonable prospects of rehabilitation.

DPP v Gelmi 5.98 months (182 Trafficking in a drug G (early) Offending – O while driving was stopped by police. Police searched
[2020] VCC 864 days) of dependence x 2 O's car for drugs and seized a zip-lock bag containing white powder,
imprisonment (aggregate sentence a mobile phone and $1,060 in cash which was found on O.
(time served) – 182 days
imprisonment and A subsequent police search of O’s premises located:
18 months (1 year 18 month CCO)
6 months) CCO:  Drug paraphernalia including a bong and ice pipe;
Possession of a drug  67g of pure methylamphetamine (1.34 x CQ, 0.13 x LCQ);
- 150 hours of dependence x 2  A water bottle containing 153.6g of 1,4-butanediol (0.08 x
community ($200 fine, $100 CQ);
work fine)
 27.4g of cannabis; and
- Mental health
 Two oxazepam tablets weighing 0.04g.
assessment and
treatment Offender – no prior convictions, 34y male, motivated by drug use,
- Drug drug use, family support, good work history, homelessness, remorse,
assessment and rehabilitation programs, clean drug screens.
treatment
- Supervision

$300 fine

DPP v Moore 5.79 months (176 Trafficking in a drug G (early) Offending – Over approximately two months, O and her partner CO
[2018] VCC 2069 days) of dependence met with an undercover police operative PCO on two occasions,
imprisonment during which they respectively sold PCO:
12 months (1  56g of 70% pure methylamphetamine (0.22 x CQ, 0.07 x
year) CCO: LCQ) for $9,800; and
 160g of 70% pure methylamphetamine (0.64 x CQ, 0.21 x
- 30 hours LCQ) for $29,000.
community work
- Mental health Offender – prior convictions for drug offences, 24y female, alcohol
and drug use, family support, remorse, rehabilitation programs,
assessment and
completion of courses, clean drug screens.
treatment
- Drug
assessment and
treatment
- Alcohol
assessment and
treatment
- Supervision
- Judicial
monitoring

DPP v Amr 5.52 months (168 Trafficking a drug of G Offending – O drove a stolen vehicle at 160km/hr in a 100km/hr
[2022] VCC 1381 days) dependence (168 zone. Police observed O and activated emergency lights, driving
imprisonment days); and behind O. O increased his speed to 82km over the speed limit, and
(time served) turned off the vehicle lights to try and get away from police. When O
Dangerous driving parked the vehicle a police officer and dog approached O. O fled and
24 months (2 while pursued by threw away a bag.
years) CCO: police (3 months);
and On arrest, a search of the bag located $730 cash, a TAB receipt and a
- Mental health Gift Card, cigarettes, two lighters, two syringes, two smart phones, a
assessment and Dealing with zip-lock bag containing 54.7g methylamphetamine (0.22 x CQ, 0.07
treatment property suspected x LCQ) and a car key.
of being proceeds of
- Drug
crime (3 months); O was unlicenced at the time of offending.
assessment and and
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treatment
Unlicenced driving Offender – prior convictions for drug offences, 30y male, mental
- Offending
(1 month) health issues, depression, PTSD, neurocognitive disorder,
behaviour behavioural disturbance, stimulant use disorder, drug use, physical
programs (On all offences –24 health condition, acquired brain injury, character references, extra-
- Supervision month CCO) curial punishment, rehabilitation programs, clean drug screens, letter
- Judicial to court, impact of Covid-19, good prospects of rehabilitation.
monitoring
12 months (1
year) licence
disqualification

Vu [2016] VCC 5 months’ Trafficking in a drug G (early) Offending – O consented to police searching his car. Police found
1695 imprisonment of dependence (4 loose panel under gearstick with several bags of white powder (235 g
months’ mixture containing heroin (0.47 x CQ)), 2 g of methylamphetamine
36 month CCO: imprisonment and 3 and $10,000 in cash (money to purchase heroin) underneath it. O also
- community work year CCO); in possession of $14,396 (money from sale of heroin). Text messages
(150 hours); on O’s phone were suggestive of drug trafficking activity. O cutting
- drug treatment; Dealing with his heroin deal to on-sell in order to support his own habit. No
- mental health proceeds of crime (4 evidence of enrichment.
treatment; months’
- offending imprisonment); and Offender – Prior drug and dishonesty convictions, past breaches of
behaviour court orders, no subsequent offending, escalation in offending,
programs; Possession of a drug substance use disorder, 33 y male, drug use, abstinent from drugs in
- personal of dependence (3 past, failure to remain abstinent and continue with counselling during
development, months’ deferred sentence, initiative to insert second Naltrexone implant,
employment and imprisonment) recently managed to work part time, support of family, devoted
educational father, reduction in daily dosage of heroin, stable accommodation,
programs; employment opportunities, abided by onerous bail conditions, no
- supervision; insight, unable to seek treatment if left to own devices, totality,
- not to attend remorse.
Nicholson Street,
Paisley Street,
Footscray or
associate with any
person using or
trafficking drugs;
and
- reside at
specified address.

DPP v Nguy 4.77 months (145 Trafficking in a drug G Offending – O was arrested at a bank. A police search of O’s bag and
[2021] VCC 1455 days) of dependence person located five vials of 1,4-BD.
imprisonment
(time served) A subsequent police search of O’s premises located 35 vials of 1,4-
BD weighing 2.8kg (1.4 x CQ, 0.14 x LCQ).
12 months (1
year) CCO: Offender – prior convictions for drug offences, 50y male, refugee,
difficult childhood, on bail at time of offending, completion of CISP,
- Drug motivated by drug use, mental health issues, depression, anxiety,
assessment and PTSD, dysthymic disorder, drug use, physical health condition, disc
treatment prolapse, cervical spondylosis, family support, character references,
good work history, community involvement, carer for parents,
- Offending
remorse, rehabilitation programs, clean drug screens, very positive
behaviour prospects of rehabilitation.
programs

DPP v Samson 4.60 months Trafficking in a drug G (early) Offending – A police search of O’s premises located:
[2019] VCC 927 imprisonment of dependence x 3;

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Status Orders Sentences

(time served) Possession of a drug  30 bullets of various calibres;

of dependence; and  137g of methylamphetamine (0.55 x CQ, 0.18 x LCQ);
24 months (2
years) CCO: Disobeying an order  151.5g of cocaine (0.3 x CQ, 0.15 x LCQ);
to require assistance  97.3g of MDMA (0.19 x CQ, 0.1 x LCQ); and
- 150 hours (aggregate sentence -  small quantities of cannabis and methorphan.
community 141 days Police also located six mobile phones which O refused to provide the
work imprisonment) pin codes for when requested.
- Mental health
Possession of a drug Offender – no prior convictions, 26y male, difficult childhood, victim
assessment and of dependence x 2
treatment of childhood family violence, drug use, delay, rehabilitation
(aggregate sentence - programs, clean drug screens, genuine prospects of rehabilitation.
- Drug $200 fine)
assessment and
Possession of
treatment
cartridge
- Supervision ammunition ($200
- Judicial fine)
monitoring
$400 fine

Corboy [2018] 4.11 months (125 Trafficking in a drug G (early) Offending – O was a member of a drug syndicate.
VCC 1420 days) of dependence (125
imprisonment days imprisonment Over approximately eleven weeks, O assisted the leader of the
(time served) and 2 year CCO) syndicate CO1 and second in command CO2 by selling
amphetamines and collecting drug money on their behalf. O also
24 months (2 acted as a courier and obtained multiple vehicles for CO1 and CO2 to
years) CCO: use in their offending.
- Mental health
O sentenced on basis that she was CO1’s right hand woman
assessment and responsible for acting as CO1’s secretary.
treatment
- Drug Offender – prior convictions, subsequent offending for drug offences,
20y female, drug use, family support, carer for family, delay,
assessment and
remorse, high risk of re-offending.
treatment
- Alcohol
assessement and
treatment
- Offending
behaviour
programs
- Supervision

DPP v Sacco 3.72 months (113 Trafficking in a drug G Offending – O was seen by police leaving a factory premises with
[2021] VCC 1056 days) of dependence; two co-offenders. O got into a stolen car with cloned plates attached
imprisonment and was intercepted by police.
(time served) Cultivation of a
narcotic plant; A subsequent police search of the factory located:
18 months (1 year
6 months) CCO: Possession of a drug  3,784.8g of 1,4-Butanediol (1.89 x CQ, 0.19 x LCQ);
of dependence;
 three cannabis plants;
- Drug
Dealing with  4.7g of 18% pure methylamphetamine (0.02 x CQ, 0.01 x
assessment and property suspected LCQ);
treatment of being the  $2,450 cash suspected of being proceeds of crime; and
- Alcohol proceeds of crime;
 19 driver’s licenses, and an assortment of different
assessment and and
identification cards not in O’s name.
treatment
Committing an
- Offending indictable offence O was on bail at the time of offending.
behaviour while on bail
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programs
(aggregate sentence - Offender – prior convictions for breach, dishonesty, driving and drug
- Supervision
113 days offences, 34y male, victim of childhood family violence, on bail at
- Judicial imprisonment and time of offending, mental health issues, suicide attempt, learning
monitoring 18 month CCO) difficulties, drug use, family support, character references, good work
history, totality, remorse, admissions to police, rehabilitation
programs, completion of courses, clean drug screens, Renzella time.

DPP v Peralta 4.04 months (123 Trafficking a drug of G Offending – A police search of a house where O and two others were
[2021] VCC 1158 days) dependence; and present located $3270 cash, 10.7g of methylamphetamine and a car
imprisonment key on O’s person. Police also found O’s bag which contained
(time served) Dealing with
property suspecting two .22 rounds and three shotgun shells. A search of O’s car located
$400 fine of being proceeds of 5.6g of methylamphetamine, digital scales and clear resealable bags.
crime (aggregate Of the 16.3g of methylamphetamine (0.07 x CQ, 0.02 x LCQ)
sentence - 123 days) approximately 9.5g was pure (0.19 x CQ, 0.02 x LCQ).
Possession of Offender – prior convictions for dishonesty, driving, drug and
ammunition without weapons offences, 30y male, motivated by drug use, on CCO at time
a licence ($400 fine) of offending, drug use, family support, rehabilitation programs, clean
urine screens, encouraging prospects of rehabilitation.

DPP v Gauci 4 months Trafficking a drug of G Offending – Over three months, O discussed supplying cannabis to
[2020] VCC 1888 imprisonment dependence; and multiple customers in amounts up to 50 pounds for $2,700 to $2,850
per pound. On one occasion, O arranged a meeting between CO and a
30 months (2 Handling stolen buyer V for the supply of 10-15 pounds (4535.92-6803.89g) of
years 6 months) goods (aggregate cannabis (0.18-0.27 x CQ, 0.02-0.03 x LCQ) by CO to V for $2750
CCO: sentence - 4 months per pound. At the meeting, CO produced a firearm and stole $25,000
imprisonment and 2 to $30,000 cash from V.
- Mental health year 6 month CCO)
assessment and Separately, a police search of O’s premises located a stolen bicycle
treatment Handling stolen and a stolen motorcycle.
goods (convicted
- Drug
and discharged) Offender – prior convictions for drug offences, 57y male, adherence
assessment and to bail conditions, mental health issues, depression, drug use, physical
treatment health condition, heart disease, degenerative arthritis, family support,
- Offending delay, clean drug screens, impact of Covid-19.
behaviour
programs
- Supervision
- Judicial
monitoring

DPP v Maroky 4 months Trafficking in a drug G (early) Offending – O was on parole for offences in NSW when he was
[2021] VCC 1552 imprisonment of dependence x 3 (4 arrested in Victoria. At the police station, an undercover police
(wholly months officer PCO asked O if he could supply methylamphetamine. O
concurrent with imprisonment x 3) declined but agreed to introduce the PCO to a friend CO who could.
sentence O O created a group chat with CO and PCO and arranged a meeting for
currently serving) (On these offences - PCO to purchase 28g of methylamphetamine (0.11 x CQ, 0.04 x
18 month CCO) LCQ) from CO in exchange for $2,500. That transaction took place
18 months (1 year however O did not physically participate or attend. Two further
6 months) CCO: Dealing with transactions occurred involving the sale of a similar quantity of
property suspected
- 100 hours of being proceeds of methylamphetamine by CO to PCO.
community crime (1 month) Offender – prior convictions for drug and similar offences, 29y male,
work Breaching a on parole at time of offending, increased custodial burden, drug use,
- Drug condition of a parole family support, totality, remorse, participation in restrictive
assessment and order (1 month) residential rehabilitation program, Akoka, impact of Covid-19, very
treatment good prospects of rehabilitation.
- Supervision

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DPP v Sharrock 3.58 months (109 Trafficking in a drug G (early) Offending – O while unlicensed and under the influence of
[2022] VCC 415 days) of dependence x 2 methylamphetamine drove his motor vehicle into a power pole. A
imprisonment (aggregate sentence - police search of O’s motor vehicle located:
(time served) 109 days
imprisonment and 3  3854.6g of 1,4-butanediol (1.93 x CQ, 0.19 x LCQ);
36 month (3 year) year CCO, 3 year
CCO:
 4g of methylamphetamine (0.02 x CQ, 0.01 x LCQ);
CCO)
 389 prescription tablets of alprazolam;
- 300 hours Prohibited person in  three glass ice pipes;
community possession of an
work imitation firearm (3
 a knife in a black sheath;
- Drug year CCO)  knuckledusters; and
assessment and Possession of a drug  $2,318 cash.
treatment of dependence (12 A subsequent police search of O’s premises located:
- Offending month CCO)
behaviour  a small quantity of methylamphetamine;
Possession of a
programs
prohibited weapon  an imitation firearm;
- Supervision without exception x  knuckledusters;
2 (convicted and  shotgun shells; and
discharged x 2)
 one gold-coloured ammunition round.
Possession of a
controlled weapon O sentenced on the basis that he sold 1,4-butanediol to others over
(convicted and approximately three weeks.
discharged) Offender – no prior convictions, prior offending, subsequent
Unlicensed driving convictions, male offender, intoxicated at time of offending, on bail
(convicted and at time of offending, adherence to CCO conditions, motivated by
discharged) drug use, motivated by financial gain, mental health issues, bipolar
affective disorder, polysubstance abuse disorder, drug use, family
Committing an support, character references.
indictable offence
while on bail
(convicted and
discharged)
Contravention of a
conduct condition of
bail (convicted and
discharged)
Possession of
cartridge
ammunition without
a licence (convicted
and discharged)
Driving under the
influence of a drug
(convicted and
discharged)

Charles [2016] 3.02 months’ Trafficking in a drug G Offending – O trafficked methylamphetamine, cultivated and
VCC 479 imprisonment (92 of dependence (92 possessed cannabis, was a prohibited person was in possession of a
days) days’ firearm and dealt with unauthorised explosives. Offending occurred
(time served) imprisonment); over 1 day.
Being a prohibited
24 month CCO (2 person in possession Offender - Prior drug convictions, gap in offending, male, quite
years): of a firearm (92 significant physical problems, attempts made to deal with drug issues,
- supervision; days’ harder imprisonment due to age, reasonable rehabilitation prospects.
- drug treatment; imprisonment); and

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and Cultivation of a
- medical narcotic plant (30
rehabilitation days’ imprisonment)
program. (on all offences – 2
year CCO).
Possession of a drug
of dependence
(conviction and
discharge);
and
Possession of an
unauthorised
explosive
(conviction and
discharge).

Rose [2016] VCC 3 months’ Trafficking in a drug G (early) Offending – Over 4 months, O involved in continuing business of
576 imprisonment of dependence (3 dealing methylamphetamine on regular basis and the transmission of
(time served) months’ drugs from source to consumer. Scale of trafficking across whole
imprisonment and 2 organisation in the thousands of dollars. O sold drugs and collected
24 month CCO (2 year CCO); outstanding payments for co-offender and sourced cutting agents
years): Theft (3 months’ from co-offender to maximise own profit. Street level dealer,
- community work imprisonment); however significant operator in middle range of organisation.
(300 hours); Deal with property Trafficking aggravated by dealing in stolen property on 2 occasions
- non-association suspected of being and offering of a firearm to co-offender. No profit made. Significant
with co-offenders; the proceeds of impact of large scale trafficking on small community. Opportunistic
- supervision; crime (2 months’ theft of laptop from pub. O arranged for recovery of property from
- drug and alcohol imprisonment); and co-offender. Lower end of offending. Police located a tablet of Xanax
treatment; Possession of a drug on O.
- offending of dependence (1
behaviour month Offender – Prior convictions, drug use, drug debts, motive said to be
programs; and imprisonment). O’s addiction and greed, 31 y male, co-operation, remorse,
- reside at depression, dysfunctional and transient childhood, birth of stillborn
Salvation Army child, support of family, ongoing participation in rehabilitative
for Bridge programs.
Program.

Hosi [2017] VCC 2.86 months (87 Trafficking in a drug G Offending – Police searched a house that O and a co-offender were
852 days) of dependence (87 residing in and discovered 3,708.2g of 1,4-Butanediol (1.85 x CQ)
imprisonment days imprisonment); hidden in various containers, an unlisted amount of
(time served) methylamphetamine hidden in 3 bags, related drug paraphernalia and
Possession of a drug a stolen car.
15 months (1 year of dependence; and
3 months) CCO: O made admissions that the 1,4-Butanediol was given to O for
Dealing with safekeeping by his housemate, and that the housemate was intending
- Supervision property suspected to traffic those drugs.
of being the
- Drug assessment proceeds of crime Offender – no prior convictions, female offender, victim of sexual
and treatment (on all offences – 15 abuse, traumatic background, major depressive disorder, post-natal
- Mental health months CCO) depression, drug use, family support, good prospects for
assessment and rehabilitation.
treatment
- Offending
behaviour
programs

DPP v Lee [2022] 2.50 months (76 Trafficking in a drug G Offending – O was a member of a drug syndicate that had a
VCC 1523 days) of dependence x 2 clandestine laboratories at two separate premises under police
imprisonment (rolled up x 1) (76 surveillance.

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(time served) days, 1 month); and Over approximately four months, O went to one of the premises
multiple times. On one occasion while there O discussed drug
36 months (3 Possession of a trafficking with CO, washed equipment and placed unknown liquid
years) CCO: firearm without a into various containers. A police search of the premises located
licence (1 month) 2099.3g of methylamphetamine (8.4 x CQ, 2.8 x LCQ).
- 100 hours
community (On all offences - 3 O also attended the second premises where he discussed and
work year CCO) inspected the lab setup. A subsequent police search of this premises
- Drug located various scientific equipment, 488.5g of methylamphetamine
assessment and (1.95 x CQ, 0.65 x LCQ) and a sawn-off shotgun.
treatment Upon arrest a police search of O’s residential premises located 11.6g
- Offending of methamphetamine (0.05 x CQ, 0.02 x LCQ) and a loaded firearm.
behaviour
Offender – no prior convictions, 41y male, alcohol and drug use,
programs
family support, character references, good work history, previous
- Supervision good character, delay, remorse, admissions to police, clean drug
screens, letter to court, impact of Covid-19, good prospects of
rehabilitation.

DPP v Naughton 2.40 months (73 Trafficking in a drug G Offending – A police search of O and her partner CO’s premises
[2021] VCC 950 days) of dependence located over 1.5kg of mixed methylamphetamine (6 x CQ, 2 x LCQ).
imprisonment
(time served) O sentenced on the basis that she assisted CO in his possession of the
drugs for sale but did not have knowledge of the quantity of drugs
24 months (2 being stored at the house. O was sentenced for trafficking simpliciter.
years) CCO:
Offender – no prior convictions, prior offending for drug and
- 200 hours weapons offences, subsequent convictions for driving offences, 35y
community female, victim of family violence, adherence to bail conditions,
work mental health issues, depression, anxiety, ADHD, bipolar disorder,
drug use, physical health condition, family support, character
- Drug
references, good work history, delay, rehabilitation programs, clean
assessment and drug screens, good prospects of rehabilitation.
treatment
- Supervision

Reith [2016] 2.2 months’ Trafficking in a drug G (early) Offending – O resided at friend’s address contrary to bail condition.
VCC 1552 imprisonment (67 of dependence x 2; O and co-offender used screwdriver to break into several mailboxes
days) (time and at the address and took contents of mailboxes. O in possession of
served) taser, scales, two ziplock bags containing heroin weighing 75.4 g at
Theft (aggregate 73-75% purity (0.15 x CQ), 11 vacuum sealed bags of
24 month CCO (2 sentence – 67 days’ methylamphetamine weighing 185.6 g at 83-90% purity (0.37 x CQ),
years): imprisonment). rolls of plastic vacuum sealer and vacuum sealer machine. Apartment
- supervision; Possession of also contained bag, computer, Crown card, driver's licence and bank
prohibited weapon; card belonging to other people.
- community work
(100 hours over 9 Committing Offender – Prior dishonesty and drug convictions, subsequent
months); indictable offence convictions, no further offending, past breaches of court orders, on
while on bail; bail (x 3), 30 y female, disrupted childhood, drug use, compliant with
- drug treatment; recent CCO, successful completion of CISP, mother of four young
and Breach of bail; children, drug counselling, wishes to become qualified and work in
- judicial Dealing with drug treatment field, support of family, cessation of drug taking, good
monitoring. proceeds of crime. rehabilitation prospects.

On all offences – 2
year CCO.

DPP v Bartolo 2.14 months (65 Trafficking in a drug G (early) Offending – A police search of O’s premises located:
[2022] VCC 1556 days) of dependence

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imprisonment Possession of a drug  287.4g of methylamphetamine (1.15 x CQ, 0.38 x LCQ);

(time served) of dependence x 3;  37.3g of cocaine (0.07 x CQ, 0.04 x LCQ);
and  a plastic bottle of alprazolam tablets;
24 months (2
years) CCO: Negligently dealing  a plastic bottle of diazepam tablets;
with proceeds of  a money counter, scales and phone; and
- 240 hours crime (aggregate  $42,710 cash which was proceeds of crime.
community sentence - 65 days Analysis of O’s CCTV footage and phone established that he sold
work imprisonment and 2 some of the drugs to others for cash.
- Mental health year CCO)
assessment and O sentenced on the basis that he was a mid-range level offender
treatment conducting a rudimentary operation.
- Offending Offender – prior convictions for driving, drug, dishonesty, property
behaviour and weapons offences, 39y male, on bail at time of offending,
programs motivated by drug use, mental health issues, narcissistic personality
- Supervision disorder, alcohol and drug use, family support, character references,
good work history, rehabilitation programs, clean drug screens, low
risk of re-offending, positive prospects of rehabilitation.

DPP v Madafferi 2.1 months (64 Trafficking in a drug G (early) Offending – Over approximately three months, police intercepted 474
[2022] VCC 1817 days) of dependence x 2 calls and messages from O relating to the sale of drugs, 133 of those
imprisonment (aggregate sentence - calls and messages specifically related to the sale of
(time served) 64 days methylamphetamine and 1,4-butanediol. During this period, O
imprisonment and 2 trafficked 104.05g of methylamphetamine (0.42 x CQ, 0.14 x LCQ)
34 months (2 year 10 month CCO) and 2,995mL of 1,4-butanediol (1.5 x CQ, 0.15 x LCQ).
years 10 months)
CCO: Possession of a drug Additionally, O sold methylamphetamine and 1,4-butanediol to two
of dependence x 2 PCO’s on four occasions. On the first occasion, O supplied 1.7g of
- 300 hours (30 days 85% pure methylamphetamine to PCO1 and PCO2. Four days later,
community imprisonment x 2) O supplied 7g of 88% pure methylamphetamine and 49mL of 1,4-
work butanediol to PCO1 and PCO2. The PCO’s paid O $1,525 for both
Unlicensed driving x
- Drug drugs. Nine days later, O again supplied 27.9g of 83% pure
2 (aggregate methylamphetamine and 237.3mL of 1,4-butanediol to PCO1 for
assessment and sentence - $600 fine)
treatment $4,925. Approximately a week later, O sold 41.9g of 83-86%
- Offending Possession of a methylamphetamine to PCO1 and PCO2 for $6,300. On two of the
prohibited weapon occasions that O met with PCO’s, he drove his car while unlicensed.
behaviour
($300 fine) A search of O’s car located 24.2g of 90% pure methylamphetamine,
programs
- Supervision as well as 0.9g of MDMA. A further search of O’s home located a
taser device, 4.9g of MDMA and a small amount of
$900 fine methylamphetamine.
Offender – prior convictions for breach, driving and drug offences,
44y male, adherence to bail conditions, motivated by drug use, drug
use, family support, character references, good work history, totality,
remorse, rehabilitation programs, clean drug screens, impact of
Covid-19, low risk of re-offending, reasonable prospects of
rehabilitation.

DPP v Dang 2.07 months (63 Trafficking in a drug G (early) Offending – A search of a property that O1 and O2 were residing in
[2022] VCC 2315 days) of dependence; located a hydroponic setup and electrical bypass containing 59
imprisonment cannabis plants and seedlings weighing a total of 26.24kg (1.05 x
Offender 1 (time served) Cultivation of a CQ, 0.1 x LCQ). Police also located:
narcotic plant; and
24 months (2  0.5g of cocaine;
years) CCO: Dealing with
property suspected  43.47kg of dried cannabis (1.74 x CQ, 0.17 x LCQ); and
- 200 hours of being the  $84,003.25 cash suspected of being the proceeds of crime.
community proceeds of crime
O1 and O2 were trafficking the cannabis that O1 was cultivating at
work (aggregate sentence -
the premises.
63 days
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- Mental health imprisonment and 2 Offender 1 – no prior convictions, 50y female, time spent in refugee
assessment and year CCO) camp, adherence to bail conditions, mental health issues, depression,
treatment drug use, physical health condition, heart condition, family support,
character references, good work history, previous good character,
remorse, impact of Covid-19, low risk of re-offending, very good
prospects of rehabilitation.

DPP v Sirotich 2 months Trafficking in a drug G Offending – Police executed a search warrant on O’s house and
[2019] VCC 1166 imprisonment of dependence; and located:
18 months (1 year Possession of  1.0724kg of a substance which contained 4-hydroxybutanoic
6 months) CCO: precursor chemicals acid (GHB) (0.54 x CQ);
(aggregate sentence -  500g of a substance containing magnesium;
- 175 hours 1 month  150g of a substance containing formaldehyde;
community imprisonment and  a stolen passport and driver’s licence; and
work 18 month CCO)  4-amino-butanoic acid (GABA) and gamma butrolactone
- Mental health (GBL), which can be used in the process of manufacturing
Breaching parole (1
assessment and month GHB.
treatment imprisonment) O sentenced on the basis that the drugs were for personal use, and the
- Drug
offence of trafficking was committed by manufacturing the GHB.
assessment and Handling stolen
goods ($800 fine) Offender – prior convictions for breach, dishonesty, driving, drug and
treatment
violence offences, 31y male, difficult childhood, separated from
$800 fine family at age 13, on parole at time of offending, mental health issues,
depression, anxiety, drug use, totality, guarded prospects of
rehabilitation.

Bambridge [2016] 2 months’ Trafficking in a drug G (early) Offending – O trafficked methylamphetamine and cannabis (between
VCC 653 imprisonment of dependence x 2 date charges covering 6 month period). O was principal offender in
(aggregate sentence - respect of methylamphetamine trafficking and his partner was
12 month CCO (1 2 months’ principal in relation to cannabis trafficking. No other difference in
year): imprisonment and circumstances of trafficking between O and his partner. O’s niece and
- supervision; on all offences - 1 her partner were also involved in trafficking, but their roles ranked
- drug assessment year CCO); below O and his partner. Significant business. Stolen black GT Ford
and treatment; and Handling stolen Falcon at O’s premises. O also dealt with $1,270 in cash suspected of
- psychological goods (2 months’ being the proceeds of crime.
assessment and imprisonment);
treatment. Dealing with Offender – Prior convictions, pending matters regarding drug and
proceeds of crime (7 breach of suspended sentence charges, motive said to be to finance
$500 fine drug use, 52 y male, work history, hard to get clear picture of O’s
days’
imprisonment); and drug use, mental health and financial circumstances, parity (co-
Being an unlicensed offenders dealt with at Magistrates’ Court), delay because Magistrate
person in possession referred matter to County Court.
of ammunition
($500 fine).

DPP v 1.74 months (53 Trafficking in a drug G (early) Offending – During a search of O’s car, police located 130g of pure
Papadopoulos days) of dependence x 2 methylamphetamine (2.6 x CQ, 0.26 x LCQ), 30g of pure cocaine
[2022] VCC 1580 imprisonment (aggregate sentence - (0.12 x CQ, 0.04 x LCQ), 15g of ketamine (0.03 x CQ, 0.02 x LCQ),
(time served) 53 days 8.4g of MDMA (0.02 x CQ, 0.01 x LCQ), and oxycodone. Upon
imprisonment and 3 arrest, O was found with small amounts of cocaine and ecstasy on his
36 months (3 year CCO) person.
years) CCO:
Possession of a drug Offender – no prior convictions, subsequent offending for drug
- 200 hours of dependence x 2 (1 offences, imprisonment Verdins, 26y male, difficult childhood,
community month x 2) motivated by drug use, mental health issues, anxiety, borderline
work personality disorder, alcohol and drug use, family support, character
- Mental health references, good work history, remorse, first time in adult custody,
assessment and rehabilitation programs, clean drug screens, inpatient rehabilitation

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treatment
program, impact of Covid-19, very good prospects of rehabilitation.
- Drug
assessment and
treatment
- Supervision

DPP v 1.74 months (53 Trafficking in a drug G Offending – On three occasions, at CO1's request, O put small
Rustemovski days) of dependence x 3; quantities of cocaine weighing a total of 84.6g in CO's letter box.
[2019] VCC 1874 imprisonment and
O was involved in a large-scale operation run by his cousin CO2.
18 months (1 year Possessing an
A search of O's property found one unregistered double-barrel
6 months) CCO: unregistered
shotgun which was not properly stored in a firearm safe. The firearm
longarm (aggregate
- 50 hours sentence - 53 days'
was not related to the trafficking.
community imprisonment and Offender – no prior convictions, 33y male, character references, good
work 18 month CCO) work history, position of responsibility in prison, very good prospects
- Mental health of rehabilitation.
Failing to properly
assessment and store a longarm
treatment firearm ($500 fine)
- Drug
assessment and
treatment
- Supervision

$500 fine

DDP v Ho [2022] 1.61 months (49 Trafficking in a drug G (late) Offending – A police search of O and CO’s premises located 74.5g of
VCC 211 days) of dependence mixed methylamphetamine (0.3 x CQ, 0.1 x LCQ) of which 64g was
imprisonment pure (1.28 x CQ, 0.13 x LCQ).
(time served)
Police also found on O and CO’s phone, text messages indicating
27 months (2 they had sold methylamphetamine to others.
years 3 months)
CCO: O sentenced on the basis she didn’t intend to traffick a commercial
quantity.
- 200 hours
Offender – prior convictions for driving, drug, property and weapons
community offences, 28y female, difficult childhood, adherence to bail
work conditions, motivated by financial gain, mental health issues,
- Drug depression, anxiety, increased custodial burden, drug use, family
assessment and support, impact of Covid-19, rehabilitation, better prospects of
treatment rehabilitation.

DPP v Gross 1.41 months (43 Trafficking in a drug G Offending – A police search of a car O was travelling in, and O’s
[2021] VCC 996 days) of dependence x 2 person located 2,218.1g of GBL (1.11 x CQ, 0.11 x LCQ), 1150
imprisonment (aggregate sentence - tablets of alprazolam weighing 309.5g (619 x TQ), and $1070 cash
(time served) 43 days suspected of being proceeds of crime. O was arrested and taken into
imprisonment and custody. While in custody O’s phone displayed multiple messages
12 months (1 12 month CCO) indicating that he was selling GBL to others.
year) CCO:
Possession of O was on bail at the time of offending and failed to comply with his
- Drug property suspected reporting condition of bail on one occasion.
assessment and of being the
treatment proceeds of crime; Offender – prior convictions for breach, driving and drug offences,
subsequent convictions for breach, drug and resist emergency worker
Committing an offences, imprisonment Verdins, 43y male, on bail at time of
indictable offence offending, mental health conditions, anxiety, paranoid psychosis,
while on bail; and increased custodial burden, drug use, family support, character

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Contravening a references, good work history, delay, totality, rehabilitation

conduct condition of programs, Renzella time, impact of Covid-19, good prospects of
bail (On these rehabilitation.
offences - 12 month
CCO)

DPP v O’Shea 1.12 months (34 Trafficking in a drug G (early) Offending – A police search of O’s semi-rural property located:
[2022] VCC 135 days) of dependence; and
imprisonment  503.8g of cannabis (0.02 x CQ);
(time served) Dealing with  108.9g of mixed methylamphetamine (0.44 x CQ, 0.15 x
property suspected LCQ);
12 months (1 of being proceeds of  an unregistered .22 calibre revolver handgun, capable of
year) CCO: crime (aggregate discharge;
sentence – 34 days  two .22 calibre bullets and a holster;
- 150 hours imprisonment and  four unregistered handguns;
community 12 month CCO)  an air rifle; and
work
Possession of a  $1,000 cash suspected of being proceeds of crime.
$1,650 fine traffickable quantity
O sentenced on the basis that he did not cultivate cannabis for the
of firearms ($1,250
purpose of selling it commercially but did obtain the entire amount of
fine)
methylamphetamine to sell it.
Trafficking in a drug
Offender – no prior convictions, 53y male, adherence to bail
of dependence ($250
conditions, motivated by financial gain, motivated by drug use,
fine)
family support, character references, community involvement, good
Cultivation of a work history, previous good character, carer for children, delay,
narcotic plant ($150 remorse, assistance to authorities, impact of Covid-19, positive
fine) prospects of rehabilitation.

DPP v Nguyen 1.12 months (34 Trafficking in a drug G Offending – O and CO were stopped by police, O told police there
[2022] VCC 111 days) of dependence; and were drugs in the car. A police search of CO’s backpack located
imprisonment 136.8g of methylamphetamine (0.55 x CQ, 0.18 x LCQ). A police
(time served) Possession of a drug search of the car located 0.8g of cannabis. Later at the police station
of dependence x 3; O admitted there were drugs in his underwear. O’s underwear
12 months (1 and contained 3.1g of methylamphetamine (0.01 x CQ), 1.4g of MDMA,
year) CCO: and 0.6g of cocaine.
Committing an
- 100 hours indictable offence O was on bail at time of offending.
community while on bail
work (aggregate sentence - Offender – prior convictions for drug offences, 46y male, on bail at
34 days time of offending, motivated by drug use, drug use, physical health
- Drug
imprisonment and condition, family support, good work history, admissions to police,
assessment and 12 month CCO) rehabilitation programs, impact of Covid-19.
treatment
- Supervision

Towers & Anor 1.05 month Trafficking in a drug G (early) Offending – Over 12 months, O1 purchased at least $68,000 worth of
[2016] VCC 335 imprisonment of dependence x 3 methylamphetamine over 6 occasions by travelling to pre-arranged
(32 days) (32 days’ meetings with supplier. 80.8 g of methylamphetamine at 9% purity
Offender 1 (time served) imprisonment and 2 with street value of $16,000 located in O1’s car and 1 g of
year CCO; 1 year methylamphetamine with street value of $200 located at O1’s house.
24 month CCOs CCO; 6 month O1 did not on-sell all of methylamphetamine; O1 and his partner used
(2 years): CCO). significant quantity. O1 only supplied methylamphetamine to friends.
- community work Relatively low level in supply chain. On 2 occasions O1 acted as
(325 hours); drug-mule by driving to Sydney and returning to Melbourne with
- supervision (for large amounts of cocaine. No financial gain, but O1 was provided
1 year); and with some cocaine. O1 supplied cannabis to one customer on a
- drug assessment regular basis over 4 months (largest amount supplied was 7 g for $80
and treatment. (0.0003 x CQ)). Very modest trafficking level. O2 facilitated drug
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transactions on behalf of O1 by putting drug buyers into direct

contact with O1 or by collecting money from buyers over 2 month
period. Total amount of methylamphetamine O1 acquired during
O2’s involvement was 170 g with street value of $34,000 (0.34 x
CQ). O2 made no financial profit, but received methylamphetamine
to support own habit. O2’s involvement less extensive and less
serious than O1. O2 also made failed attempt to obtain $1000 worth
of ecstasy tablets at request of someone willing to buy them and O2
sold a couple of cannabis buds for $20 to someone O2 knew.
Relatively low level of criminality. Os prepared to engage in
trafficking of any illegal drug.
Offender 1 – No prior convictions, drug use, co-operation,
admissions, prior good character, 41 y male, work history, in contact
with children, support, remand salutary experience, cessation of drug
taking, delay, good rehabilitation prospects.

DPP v Hourigan 0.99 months (30 Trafficking in a drug G Offending – O1 and O2 were under police surveillance as part of an
[2021] VCC 1770 days) of dependence; undercover drug operation.
imprisonment
Offender 2 (time served) Cultivation of a A police search of O2’s bedroom at a premises he shared with O1
narcotic plant; located:
24 month (2 year)
CCO: Possession of a drug  2.33kg of 1,4-butanediol (1.17 x CQ, 0.12 x LCQ);
of dependence x 4;  an unspecified number of cannabis plants weighing 3.473kg
- Mental health and (0.14 x CQ, 0.01 x LCQ) being grown in an unsophisticated
assessment and Dealing with manner;
treatment property suspected  69.4g of methamphetamine;
- Drug of being proceeds of  50.7g of cocaine;
assessment and crime (aggregate  a small quantity of MDMA;
treatment sentence – 30 days  96.3g of anabolic steroids; and
- Supervision imprisonment and 2  $3,260 cash suspected of being proceeds of crime.
year CCO)
Offender 2 – no prior convictions, 29y male, motivated by drug use,
drug use family support, character references, clean drug screens.

DPP v Tran 0.92 months (28 Trafficking in a drug NG Offending – O and CO were observed by police leaving a home
[2022] VCC 1974 days) of dependence suspected of cultivating cannabis, in CO’s car. A police search of
imprisonment CO’s car located 77.09kg (3.08 x CQ, 0.31 x LCQ) of cannabis in the
(time served) boot of the car. O was sentenced on the basis that he, along with CO,
was in possession of the cannabis for the purposes of trafficking.
24 months (2 Offender – no prior convictions, 38y male, adherence to bail
years) CCO: conditions, family support, character references, good work history,
previous good character, delay, remorse, likelihood of deportation,
- 300 hours impact of Covid-19, good prospects of rehabilitation.
community
work

DPP v Tran 0.79 months (24 Trafficking in a drug G (early) Offending – O1 and O2 were observed by police leaving a suspected
[2018] VCC 1817 days) of dependence cannabis grow house. Police then intercepted the vehicle O1 and O2
imprisonment were travelling in and discovered:
Offender 2 (time served)
 four bags of freshly cut cannabis with a total weight of 35kg
24 months (2 (1.4 x CQ, 0.14 x LCQ); and
years) CCO:  one bag of 8 juvenile cannabis plants weighing a total of
- 250 hours 584g (0.02 x CQ).
community 50 additional cannabis plants (0.5 x CQ, 0.05 x LCQ) were located at
work the house that O1 and O2 had left.
- Supervision
O1 and O2 were sentenced on the basis that they were moving the
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cannabis from one place to another on behalf of another co-offender.

O2 also sentenced on the basis that he was enlisted to help by O1.
Offender 2 – no prior convictions, 44y male, difficult childhood,
refugee, time spent in refugee camp, increased custodial burden,
family support, character references, good work history, previous
good character, carer for children, remorse, low risk of re-offending,
reasonable prospects of rehabilitation.

DPP v Hourigan 0.72 (22 days) Trafficking in a drug G Offending – O1 and O2 were under police surveillance as part of an
[2021] VCC 1770 imprisonment of dependence; undercover drug operation.
(time served)
Offender 1 Possession of a drug Over three months, O1 sold or offered to sell an undercover police
36 month (3 year) of dependence x 5; operative PCO at total 155g of 62-80% pure cocaine (0.31 x CQ, 0.16
CCO: x LCQ). O was on bail for part of this offending and breached his
Breach of a condition of bail not to have illicit drugs.
- Mental health condition of bail;
assessment and and Upon arrest a police search of O1’s bedroom in a premises he shared
treatment with O2 located:
Failure to provide
- Drug access to an  9g of a steroid Stanozolol;
assessment and electronic advice  37.1g of 1,4-butanediol;
treatment when requested  96.5g of cannabis;
- Supervision (aggregate sentence  0.15g of cocaine; and
– 22 days  3.8g of MDMA.
imprisonment and 3
year CCO) During the search O1 failed to unlock a phone and laptop when
directed to by police.
Offender 1 – prior offending for drug offences, subsequent conviction
for drug offence, 22y male, motivated by drug use, difficult
childhood, mental health issues, depression, anxiety, polysubstance
abuse disorder, drug use, family support, character references,
youthful offender, clean drug screens.

DPP v Mackenzie 0.69 months (21 Trafficking in a drug G Offending – A police search of O’s home and person located:
[2022] VCC 1555 days) of dependence;
imprisonment  7,016.2g of 1,4-butanediol (3.51 x CQ, 0.35 x LCQ);
Possession of a drug  1.2g of methylamphetamine;
24 months (2 of dependence; and  25.8g of isoprophylbenzylamine;
years) CCO:  an unspecified weapon; and
Dealing with
- 180 hours property suspected  $840 cash suspected of being proceeds of crime.
community of being proceeds of Offender – prior convictions for dishonesty, drug offences, 35y male,
work crime (aggregate medium risk of re-offending, adherence to bail conditions, mental
sentence - 21 days
- Mental health health issues, anxiety, ADHD, drug use, physical health condition,
imprisonment and 2 family support, character references, community involvement, delay,
assessment and year CCO)
treatment remorse, carer for children, clean drug screens, rehabilitation
Possession of a programs, impact of Covid-19, reasonable prospects of rehabilitation.
- Drug
prohibited weapons
assessment and
($200 fine)
treatment
- Supervision

$200 fine

DPP v Porter (a 0.69 months (21 Trafficking in a drug G (early) Offending – Police observed O and CO driving a car with stolen
pseudonym) days) of dependence (2 number plates attached. Police followed O and CO to a factory.
[2021] VCC 2171 imprisonment years 3 months drug
(time served) treatment order) A subsequent police search of the factory located 2.1kg of mixed
GBL and GHB (1.05 x CQ, 0.11 x LCQ) and various precursor
25 month (2 years Handling stolen chemicals.
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3 months) Drug goods (14 days) O was on bail at the time of offending.
Treatment Order
Committing an O sentenced on the basis that over three weeks he provided security
$300 fine indictable offence at the factory by sleeping there for another person in exchange for
while on bail (7 drugs.
days)
Offender – prior convictions, 32y male, motivated by drug use, drug
Possession of a drug use, family support, character references, admissions to police, billet,
of dependence ($300 impact of Covid-19, guarded prospects of rehabilitation.
fine)

DPP v Kellalea 48 month (4 year) Trafficking in a drug G Offending – A police search of O’s premises located:
[2021] VCC 2186 CCO: of dependence x 2;
and  248.3g of methamphetamine (0.99 x CQ, 0.33 x LCQ);
- 300 hours  38.2g of pure pentylone;
community Possession of a drug  163.2g of cannabis (0.01 x CQ);
work of dependence x 3  33.4g of 1,4-butanediol (0.02 x CQ);
(On these offences – 
- Mental health less than 2g of diazepam; and
4 year CCO)  29 tablets of sertraline.
assessment and
treatment Possession of a O sentenced on the basis that she was storing the methamphetamine
prescription drug
- Drug and pentylone for a co-offender and that the remaining drugs were for
(convicted and personal use.
assessment and discharged)
treatment Offender – no prior convictions, 36y female, adherence to bail
- Supervision conditions, mental health issues, depression, anxiety, substance use
disorder, drug use, family support, character references, good work
history, carer for children, remorse, rehabilitation programs, impact
of Covid-19, encouraging prospects of rehabilitation.

DPP v Interlandi 48 months (4 Trafficking in a drug G (early) Offending – Over approximately seven months, BI supplied cocaine
[2021] VCC 666 years) CCO: of dependence to drug runners AB and MDO. AB and MDO used phones supplied
by BI to communicate with and supply cocaine to customers. BI also
Offender 2 - 300 hours supplied AB and MDO with vehicles they could use to make the
(MDO) community cocaine sales to customers. All three offenders used false names
work during their offending and were under police surveillance.
BI also used false identities to arrange for the hire of multiple storage
units and an office at which he stored the cocaine. MDO and AB on
several occasions went to the storage unit to retrieve cocaine for
customers. On two occasions, BI paid the rent for the storage units,
while AB paid the rent on one occasion. On some occasions MDO
also paid the rent for a storage unit.
AB sentenced on the basis that he was involved as a more than a drug
runner for all seven months, while MDO was only involved as a drug
runner for three discrete weeks over approximately three months.
Offender – no prior convictions, 24y male, youthful offender, family
support, character references, good work history, Renzella time, very
good prospects of rehabilitation.

Pham [2017] 48 months (4 Trafficking in a drug G (early) Offending – O was involved in trafficking heroin and
VCC 446 years) CCO: of dependence (x2); methylamphetamine for one day and was arrested as part of a larger
police operation.
- 200 hours Possessing a drug of
community work dependence; Police searched O’s houses and vehicle and discovered:
- Drug assessment Possessing  One sealed bag containing 118.6g (0.24 x CQ) of a powdered
and treatment unregistered general substance containing 15g pure heroin.
category hand guns;  A bag of 10.2g of Ephedrine.
- Offending
behaviour Deal with property  Vacuum heat sealing machine.
 $8,695 cash in O’s house and $19,950 cash in O’s vehicle
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 Five handguns and numerous magazines
programs suspected of being
 Miscellaneous weapons, including swords, eight throwing
proceeds of crime;
- Supervision knives, two butterfly knives, a hunting knife, a Rambo knife,
and
a set of throwing stars, knuckledusters, four ASP batons, four
- Judicial Possessing torch batons, three batons, a slingshot, 12 Taser cartridges
monitoring prohibited weapons and 16 Tasers
(on all charges – 4  A clip seal bag containing 25.5g of a substance containing
years CCO) 80% methylamphetamine (0.05 x CQ).
Mid-range dealer. Operating successful drug supply business.
Financing own drug habit and lifestyle. High moral culpability.
Strong addiction at time of offending.
Offender – motivated by drug use and financial gain, on undertaking
for weapons offences at time of offending, prior convictions for
driving and drug offences, 20 y male, drug use, difficult childhood,
conditional release, remorse, character references, family support,
involvement in rehabilitative programs, excellent prospects of
rehabilitation, youthful offender, delay, medium risk of re-offending

DPP v Djokic 42 months (3 Trafficking in a drug NG - all Offending – A police search of O’s car and premises located:
[2018] VCC 1008 years 6 months) of dependence x 2; drug
CCO: offences;  a large number of unspecified prohibited drugs and chemicals
Possession of a drug and equipment related to the manufacturing of
- 400 hours of dependence x 3; G - all methylamphetamine;
community weapons  47.5g of pure methylamphetamine (0.95 x CQ, 0.1 x LCQ)
Possession of a offences
work and 42.75g of 4-methoxymethylamphetamine;
prescribed precursor
chemical x 4;  $18,500 in cash in O’s glovebox, and $150,000 cash in O’s
$250 fine locked trailer;
Possessing  a .22 calibre pen pistol, an air pistol, a .45 calibre handgun, a
substances, material, dismantled semi-automatic pistol, a .22 calibre rifle, a .223
documents or firearm with silencer and three magazines, a taser and a 9mm
equipment for the calibre fully automatic sub-machine gun with silencer, four
purpose of magazines and 30 rounds of ammunition;
trafficking in a drug  various magazines of ammunition and loose ammunition
of dependence; capable of being used in O’s firearms;
Prohibited person  a homemade silencer, a slide and magazine conversion kit,
possess firearm x 3; rifle scope, law enforcement laser sights and parts for making
a silencer.
Prohibited person
possess silencer; and O did not have a licence for the firearms and none of them had ever
been registered.
Possession of a
prohibited weapon Offender – prior offending for breach offences, 43y male, alcohol and
(On these offences - drug use, family support, character references, carer for parents,
3 year 6 month delay, remorse, rehabilitation programs, clean drug tests, commuinity
CCO) involvement, offer of assistance to authorities.

Possession of
cartridge
ammunition without
license ($250 fine)

DPP v Halliwell 36 months (3 Trafficking in a drug G (early) Offending – O shared a house with his ex-partner W. W discovered
[2019] VCC 934 years) CCO: of dependence x 8; several containers filled with multiple sealed bags of cannabis and
and other drugs and called police.
- 300 hours
community Dealing with A police search of O’s house located:
work property suspected
of being the  33,650 cash;
- Mental health  194.4g of MDMA (0.39 x CQ, 0.19 x LCQ);
proceeds of crime

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assessment and  108.8g of methylamphetamine (0.44 x CQ, 0.15 x LCQ);
treatment (On these offences -
 179.2g of amphetamine (0.36 x CQ, 0.18 x LCQ);
3 year CCO)
- Drug  21.1g of cocaine (0.04 x CQ, 0.02 x LCQ);
assessment and Possession of a  48.8g of tetrahydrocannabinol;
treatment Schedule 4 poison  3.563kg of cannabis (0.14 x CQ, 0.01 x LCQ);
- Offending without  1,033.6g of psilosin and psilocybin;
authorisation  50mg of a schedule 4 poison tramadol hydrochloride; and
behaviour
($1,000 fine)  less than a small quantity of alprazolam, diazepam valpa, and
programs
oxycodone.
$1000 fine
O admitted collecting and delivering the drugs for approximately 12
months in exchange for $100 per hour from co-offenders.
Offender – no prior convictions, subsequent offending for breach,
drug and weapons offences, 56y male, difficult childhood, motivated
by drug use, mental health issues, drug use, physical health condition,
family support, character references, community involvement, good
work history, remorse, assistance to authorities, admissions to police,
rehabilitation programs, favourable prospects of rehabilitation.

DPP v Kleinsman 36 months (3 Trafficking in a drug G (early) Offending – O was involved in a drug syndicate which manufactured
[2019] VCC 778 years) CCO: of dependence (3 and sold methylamphetamine and was under police investigation.
year CCO)
- 600 hours Over approximately one month, O:
community Prohibited person
possess firearm  discussed purchasing a bag of methylamphetamine from CO1
work for $4,800 per ounce which O would then on-sell to others.
($500 fine)
- Mental health  discussed with CO1 the possibility of supplying a customer
assessment and who was interested in regularly purchasing 2 ounces of
treatment methylamphetamine with a sample for trying.
- Drug  told CO2 that he had a customer who would purchase 1-2
assessment and ounces of methylamphetamine per week.
treatment  invited CO3 on a road trip during which O claimed he could
- Offending help CO3 sell 1 ounce of methylamphetamine for $4,800.
 asked CO3 to purchase one ounce of methylamphetamine for
behaviour
$3,500 which they could then dilute and on-sell. CO3 told O
programs
he needed money up front.
- Supervision
- Judicial O sentenced on the basis that he trafficked at least 28.35g (1 ounce)
of methylamphetamine (0.11 x CQ, 0.04 x LCQ) for a profit of $600.
monitoring
- Medical Separately, a police search of O’s premises located an
assessment and unregistered .22 bolt action rifle.
treatment Offender – prior convictions for breach, dishonesty, driving and drug
$500 fine offences, 54y male, on CCO at time of offending, motivated by
financial gain, drug use, physical health condition, heart condition,
family support, character references, good work history, carer for
parents, rehabilitation programs, clean drug screens, admission to
firearm charge, medium risk of re-offending, good prospects of
rehabilitation.

DPP v Martel (a 36 months (3 Trafficking in a drug G (early) Offending – Over two years, O trafficked fentanyl using dark net
Pseudonym) years) CCO: of dependence (3 marketplaces. Police made two covert purchases of 0.1g on each
[2019] VCC 377 year CCO) occasion. Total proceeds of trafficking were accepted to be between
- 300 hours $2,000 and $10,000.
community Possessing a
work prohibited weapon Offender – no prior convictions, 45y male, difficult childhood,
($200 fine) motivated by drug use, depression, anxiety, suicidal ideation,
- Mental health
increased custodial burden, alcohol and drug use, character
assessment and references, good work history, previous good character, carer for
treatment children, assistance to authorities, admissions to police.

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- Drug
assessment and
treatment
$200 fine

Muthia [2017] 36 months (3 Trafficking in a drug G (early) Offending – Police intercepted an international package, sent to O,
VCC 1549 years) CCO: of dependence; containing 4.9kg of 1-4 Butanediol (2.45 x CQ), and performed a
controlled delivery of the package. O collected the package and was
- 500 hours Attempting to arrested.
community work possess a drug of
dependence; and Police searched O’s car and discovered 4.7g of 1-4 Butanediol (0.002
- Supervision x CQ), as alerted by O. Police also searched O’s house and found
Possession of a drug 825g of 1-4 Butanediol (0.41 x CQ). Not sophisticated offending.
- Drug assessment of dependence (on
and treatment Lower maximum penalty imposed as drugs were for personal use.
all offences – 3 year
- Judicial CCO) Offender – prior convictions for drug offences, subsequent conviction
monitoring for drug offences, 21 y male, on undertaking at time of offending,
youthful offender, character references, knee injury, co-operation
- Offending with police, quite good prospects of rehabilitation, totality.
behaviour
programs
- Continue current
drug counselling
program

Fortunato [2016] 36 month CCO (3 Trafficking in a drug G (early) Offending – Over 6 month period, O trafficked 197 g of
VCC 537 years): of dependence; and methylamphetamine (0.4 x CQ). There were four transactions, one
- community work Possessing cartridge 0.5 ounce transaction of 80% purity and three 1 ounce transactions of
(300 hours); ammunition (on all 90% purity. O close to source of manufacture. O sourced drugs from
- supervision; offences – 3 year co-offender and another person. Police located cash and cartridge at
- mental health CCO). O’s premises. Cartridge leftover from a time when O was lawful
treatment; owner of firearms. Serious example of street-level trafficking.
- drug treatment; Prevalence of such drug offending.
and
- offending Offender – Prior drug convictions, subsequent convictions, drug use,
behaviour motive said to be funding drug habit, work history, support of family,
programs. death of father, completion of rehabilitation programs, stable
accommodation, remorse, depression, 55 y male, casual employment,
maintains relationship with daughter, required to undergo regular
urine analysis as part of Children’s Court supervision regarding care
of O’s daughter, O not eligible for parole in relation to subsequent
conviction due to current matter, totality, disparity with co-offender.

Scott [2017] VCC 36 months (3 Trafficking in a drug G (early) Offending – O bought drugs from a co-offender (CO) with intent to
401 years) CCO: of dependence x 2 resell eight times in one year.
(aggregate sentence
- 200 hours – 3 years CCO) O would contact CO via mobile phone and arrange a meeting. The
community work two would then meet and complete the transaction.
- drug assessment Police discovered 16 ecstasy pills and $1950 cash in O’s car during a
and treatment search. In total, O trafficked 1325 pills or 331g of MDMA (0.66 x
CQ) and 250g of Ketamine (0.5 x CQ).
Offender – motivated to support drug habit, 21 y male, youthful
offender, family support, excellent prospects of rehabilitation.

Nobre-Rocha 36 month CCOs Trafficking in a drug G Offending – O in possession of $8450 in cash suspected to be
[2016] VCC 1757 (3 years): of dependence x 2; proceeds of crime, drug paraphernalia and phone with messages that
related to drug trafficking in her car. O in possession of 0.1 g of
- community work Possession of a drug cocaine (personal use), a bottle and a can with total of 3.7 kg of 1-4-
(150 hours); of dependence butanediol (1.85 x CQ) and drug paraphernalia such as deal bags in
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- drug treatment; (rolled-up); her hotel room. O also in possession of 0.6 g of methylamphetamine
(personal use), 1 g of amphetamine (personal use), drug
- mental health Handling stolen paraphernalia, nine $100 notes in counterfeit currency, two bags
treatment; goods; containing methylamphetamine, stolen doctor’s prescription pad and
- supervision; and Deal with proceeds taser disguised as mobile phone in her home. Methylamphetamine
of crime; and and ice pipes also secreted underneath O’s clothing. In total in
- judicial possession of 28.4 g of methylamphetamine with purity
monitoring. Possess prohibited predominantly between 82%-86% per cent (0.06 x CQ).
weapon (on all
offences – 3 year Offender – No relevant prior convictions, burdensome imprisonment
CCO). due to longstanding poly-substance abuse disorder and depressed
mood disorder, 28 y female, admissions, death of father when young,
Possess counterfeit work history, drug use, assistance to mother who has breast cancer,
money (3 year acknowledging pathological pattern of negative relationships, support
CCO). from drug and alcohol service, on waiting list for residential program,
positive CISP reports, engaged with psychological support,
committed to overcoming drug problem, remorse.

DPP v Karakostas 36 months (3 Trafficking in a drug G Offending – O and CO were involved in the trafficking of cocaine. O
[2020] VCC 847 years) CCO: of dependence x 2; received orders by mobile phone and then either delivered or arrange
and to meet buyers to complete sales. O and CO advertised the cocaine
- 150 hours
Dealing with for sale on an online marketplace website.
community
work proceeds of crime On one occasion, O sold 0.9g of cocaine for $350 to a covert police
(On all offences - 3 operative who responded to the advertisement.
- Supervision year CCO)
A police search of O’s premises located evidence of O’s trafficking
on her mobile phones, as well as approximately 343g of pure
ethylpentylone (384.4g mixed) and 21.5g of cocaine (0.04 x CQ, 0.02
x LCQ).
A subsequent police search of O’s workplace located 6.8g of cocaine
(0.01 x CQ, 0.01 x LCQ), $3,392 cash which was proceeds of crime
and drug paraphernalia.
O sentenced on the basis that over approximately six weeks O sold
68.5g of cocaine and offered to sell 7g of cocaine.
Offender – no prior convictions, 27y female, motivated by drug use,
adherence to bail conditions, anxiety, youthful offender, family
support, character references, good work history, remorse, delay,
rehabilitation programs, clean drug screens, excellent prospects of
rehabilitation.

DPP v Tripos 36 months (3 Trafficking in a drug G Offending – O and CO were work colleagues. O and CO advertised
[2020] VCC 1853 years) CCO: of dependence; and cocaine for sale on a marketplace advertising website. The offenders
then used a burner phone to arrange sales with customers. On two
- 150 hours Knowingly dealing occasions, O and CO sold an unspecified amount of cocaine to an
community with proceeds of undercover police operative PCO who responded to their
work crime (On all advertisement. In total over approximately one month, O and CO
offences - 3 year
- Supervision made or arranged to make 49 sales to others, consisting of 68.5g
CCO) (0.14 x CQ, 0.07 x LCQ) in actual sales and 7g (0.01 x CQ, 0.01 x
LCQ) in offers to sell.
At the time of the offender’s arrest, they had 343g of ethylpentylone
(3.43 x CQ) and $3,136.70 cash which was proceeds of crime in their
possession. A subsequent police search of O’s premises located
$3,350 cash which was also proceeds of crime.
Offender – no prior convictions, 29y female, victim of family
violence, adherence to bail conditions, drug use, family support,

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character references, previous good character, parity, delay, extra-

curial punishment, remorse, rehabilitation programs, completion of
courses, excellent prospects of rehabilitation.

DPP v Helebrant 36 months (3 Trafficking in a drug G (early) Offending – On investigation police discovered a lab in O’s house
[2022] VCC 1340 years) CCO: of dependence containing a great variety of materials and substances used to make
(rolled up); drugs.
- 250 hours
community Cultivation of a O had a cannabis plant weighing 138.1g in his garage. Police also
work narcotic plant; found trafficable quantities of drugs in O’s cupboard. In all O had:
- Mental health Possession of  2.8g of DMT;
assessment and substance, material,  89.4g of THC (0.01 x CQ); and
treatment documents or  114g of MDMA (0.23 x CQ, 0.11 x LCQ).
- Drug equipment for
trafficking in a drug O had also previously purchased precursor chemicals and supplies
assessment and
of dependence; and from overseas.
treatment
- Supervision Possession of Offender –moral culpability Verdins, imprisonment Verdins, 38y
- Good behaviour precursor chemical male, mental health issues, depression, anxiety, ADHD, stimulant use
(rolled up) (On all disorder, drug use, family support, character references, community
offences – 3 year involvement, good work history, extra-curial punishment, remorse,
CCO) bullying in school, excellent prospects of rehabilitation, no intent to
profit or distribute, clean screens, low risk of reoffending.

Edenborough 30 month CCO (2 Trafficking in a drug G (late) Offending – Over 23 months O was preparing or attempting to
[2016] VCC 1738 years and 6 of dependence (2 manufacture methylamphetamine. O purchased considerable
months): year and 6 month quantities of scientific equipment and precursor chemicals. O in
CCO); and possession of documentation and notes of instructions/formulae for
- community work the making of the drug and a note indicating that other people had
(300 hours); Possession of a drug tried to manufacture the drug at O’s house with his knowledge.
of dependence Actions in enterprise were intermittent. O did not realise that he
- supervision; and (rolled-up) ($1250
succeeded in producing 7 g of methylamphetamine that was not in
- drug treatment. fine). useable form. Small quantity of amphetamine and 4.6 g of
$1250 fine dimethylamphetamine also present. O intending to continue to
manufacture or refine drug. No evidence of financial gain. Relatively
low level of seriousness. O also in possession of 9.7 g of testosterone
derivatives, 9 g of trenbolone derivatives, 0.1 g of a mixture of
cocaine and methylamphetamine, 5.8 g of methandienone and 11.9 g
of cannabis for personal use. Relatively low level of seriousness,
although fact that prepared to possess five different types of drugs
increases culpability.
Offender – No prior convictions, 35 y male, admissions, remorse,
studies, work history, involvement in sports and coaching, drug use,
support of family, available accommodation and employment,
cessation of drug taking, remand salutary experience, good
rehabilitation prospects.

DPP v Kelly 30 months (2 Trafficking in a drug G (early) Offending – O’s partner CO1 parked across from a car under police
[2020] VCC 1977 years 6 months) of dependence surveillance containing CO2. O got out of the passenger seat and
CCO: exchanged something with CO2, through the driver’s window. He
- 300 hours returned to the car and CO1 drove them both away.
community Later that day, CO1 and O were intercepted by police. A search of the
work
car located a plastic zip lock bag containing more zip lock bags. A
- Mental health
police search of O’s person located a phone, glass smoking pipe, and
assessment and
83.7g of methylamphetamine (0.33 x CQ, 0.11 x LCQ) of which 69g
treatment
- Drug was pure.

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assessment and
treatment Analysis of the phone located two photographs of O using drugs and
- Alcohol text messages of O making arrangements with others to buy and sell
assessment and drugs.
treatment O sentenced on the basis that his role in offending was higher than a
- Offending mere courier.
behaviour
Offender – no prior convictions, prior offending for driving offence,
programs
subsequent convictions for drug and weapons offences, 32y male,
- Supervision difficult childhood, victim of childhood family violence, adherence to
- Judicial CCO conditions, mental health issues, PTSD, complex bereavement
monitoring disorder, stimulant use disorder, alcohol use disorder, increased
custodial burden, alcohol and drug use, family support, character
references, good work history, totality, remorse, assistance to
authorities, substantial admissions to police, rehabilitation programs,
clean drug screens, impact of Covid-19, very good prospects of
rehabilitation.

DPP v Gabriele 30 months (2 Trafficking in a drug G Offending – Police executed a search warrant at a rural property and
[2021] VCC 967 years 6 months) of dependence found a large-scale clandestine drug laboratory in an underground
CCO: shipping container. Inside the container police found scientific
glassware, apparatus used for the manufacture of drugs of
- 125 hours dependence, various quantities of chemicals used in the
community manufacturing of methylamphetamine, a pill press and various
work vessels and containers which contained 31.23g of pure
- Mental health methylamphetamine (0.62 x CQ, 0.06 x LCQ).
assessment and O sentenced on the basis that his role was less than CO’s and limited
treatment to assisting in the manufacturing of methylamphetamine which was
- Drug done amateurishly.
assessment and
treatment Offender – prior convictions for drug offences, prior offending for
- Supervision drug and weapons offences, 49y male, adherence to bail conditions,
mental health issues, depression, anxiety, stimulant use disorder, drug
use, physical health condition, heart attacks, character references,
homelessness, parity, delay, impact of Covid-19, very good prospects
of rehabilitation.

Curran [2016] 24 month CCO (2 Trafficking in a drug G Offending – O involved in movement of 15.1 g of
VCC 331 years): of dependence; and methylamphetamine over 3 months (0.15 x CQ). O was also involved
- community work Possession of in joint enterprise to import phosphorus acid that had been obtained
(300 hours); precursor chemical in Queensland into Victoria in order to sell. O in possession of 50 kg
- supervision; (on all offences – 2 of phosphorous acid when arrested. Limited role in extensive drug
- offending year CCO). network consisting of O’s cousins and father. O nowhere near the top.
behaviour
programs; and Offender - Prior drug convictions, escalation in offending, male,
- drug treatment. work history, employment, left by wife who took O’s children back
to Queensland, O in contact with children, cessation of drug taking.

Curran [2016] 24 month CCO (2 Trafficking in a drug G Offending – O aided and abetted a friend by moving drugs and
VCC 300 years): of dependence; and money and on one occasion O purchased 7 g of methylamphetamine.
- community work Possession of O was also involved in venture to import phosphorus acid that had
(300 hours); precursor chemical been obtained in Queensland into Victoria in order to sell. O planned
- supervision; and (on all offences – 2 to make money on acid with others. No acid located on O when
- offending year CCO). arrested. Limited role in drug network.
behaviour
programs. Offending – Dated prior drug convictions, male, impoverished
upbringing, strong work history, left Queensland for Victoria to care
for brother who was suffering from brain tumour and mother
suffering from dementia, history of drug use.

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DPP v Veltmeyer 24 months (2 Trafficking a drug of G (early) Offending – O and CO were engaged in a drug trafficking enterprise.
[2018] VCC 1594 years) CCO: dependence (2 years O was involved in the physical movement of drugs and money while
CCO) CO was the orchestrator of the enterprise.
- 200 hours
community work Dealing with Over four months O trafficked 112g of cocaine (0.22 x CQ, 0.11 x
- Mental health property suspected LCQ) and dealt with $27,350.00 in criminal proceeds.
assessment and of being proceeds of
a crime ($5,000 fine) Offender – no prior convictions, 29y male, drug use, family support,
treatment
character references, good work history, previous good character,
- Drug assessment delay, remorse, first time in adult custody, rehabilitation programs,
and treatment clean drug screens, good prospects of rehabilitation.
- Supervision
- Judicial
monitoring
$5000 fine

Howard [2016] 24 month CCO (2 Trafficking in a drug G Offending – O driving erratically at excessive speeds. Tailgated an
VCC 1310 years): of dependence; unmarked police vehicle and other vehicles and overtook unmarked
- community work police vehicle. Search of car and pat down search of O located 1,412
(200 hours); Possession of a drug ecstasy pills and black handled knife. Not a sophisticated commercial
- drug treatment; of dependence; enterprise, with O moving drugs from one source to another for
and Driving in ongoing distribution. Methylamphetamine possessed for personal use.
- judicial dangerous manner (6
monitoring. Offence – Prior criminal history but involving only minor traffic
month licence offence, youthful offender (20 y), depression, significant progress
6 month license disqualification); since arrest, pretty good work history for young man with O’s
disqualification and educational ability, support of family, aberrant behaviour not likely to
Possession of be repeated, provided keeps on present trajectory has good prospect
controlled weapon of rehabilitation.
(on all offences – 2
year CCO).

Delcampo [2017] 24 months (2 Trafficking in a drug G (early) Offending – During a covert police operation, police discovered that
VCC 499 years) CCO: of dependence (2 over the course of two months O trafficked 750g of 1,4 Butanediol
years CCO) (0.38 x CQ). O also had 2.75g of 1,4 Butanediol and 1g of
- 150 hours methylamphetamine in his possession.
community work Possession of a drug
of dependence x 2 Offender – motivated to support drug habit, no prior convictions, 32 y
- Drug assessment ($250 fine x 2) male, drug use, family support, rehabilitation programs, character
and treatment references, reasonably good prospects of rehabilitation.
- Supervision
- Judicial
Monitoring

DPP v Djokaj 24 months (2 Trafficking in a drug G Offending – O was observed on an optical surveillance device
[2019] VCC 1070 years) CCO: of dependence; snorting cocaine. Later, O was seen with a backpack containing
cannabis. The following day, O received $2,000 for the sale of
- Mental health Possession of a drug cannabis.
assessment and of dependence;
treatment When police searched O’s home, they discovered a hydroponic setup
Cultivation of a supporting four mature cannabis plants weighing 25.32kg (1.01 x
- Drug narcotic plant; CQ, 0.1 x LCQ). Police also found an electricity bypass, a safe
assessment and containing $2,150 in cash and an extendable baton.
Theft;
treatment
- Judicial Possession of a Offender – prior convictions for violence offences, 31y male, difficult
prohibited weapon; childhood, victim of childhood family violence, mental health issues,
monitoring
and dependent personality disorder, clean drug screens, good prospects of
rehabilitation.
Dealing with
property suspected
of being proceeds of
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crime (On all

offences – 2 year
CCO)

DPP v Biddulph- 24 months (2 Trafficking in a drug G (early) Offending – O was searched by police when the vehicle he was
Murphy [2019] years) CCO: of dependence x 2 (2 travelling in was stopped and searched. O was found to have 9.4g of
VCC 1935 years CCO x 2) cocaine (0.02 x CQ, 0.01 x LCQ) and 3.8g of ketamine (0.01 x CQ).
- 100 hours O was sentenced on the basis of possession for sale.
community
work Offender – no prior convictions, 21y female, mental health issues,
drug use, youthful offender, remorse, good prospects of
- Mental health
rehabilitation.
assessment and
treatment
- Drug
assessment and
treatment
- Supervision

DPP v Lambert 24 months (2 Trafficking in a drug G (early) Offending – O was in a drug-fuelled relationship with CO. Police
[2022] VCC 1241 years) CCO: of dependence; and attended O and CO’s premises following a report of domestic
violence. During which it became clear CO was having a medical
- 100 hours Possession of a drug episode from a drug overdose and an ambulance was called.
community of dependence (On
work these offences – 2 A police search of O’s car located $200 cash suspected of being
years CCO) proceeds of crime and 57.2g of methylamphetamine (0.23 x CQ, 0.08
- Mental health
x LCQ) of which 47.4g was pure (0.95 x CQ, 0.09 x LCQ).
assessment and Dealing with the
treatment proceeds of crime A subsequent police search of O’s person also located 9.9g of
- Drug ($500 fine) methylamphetamine (0.04 x CQ, 0.01 x LCQ) of which 8.3g was
pure (0.17 x CQ, 0.02 x LCQ).
assessment and
treatment Subsequent analysis of O’s phone located evidence that O had
- Supervision attempted to sell drugs to others purportedly at CO’s request.
- Judicial Offender – no prior convictions, 26y female, victim of family
monitoring violence, victim of childhood sexual assault, mental health issues,
$500 fine PTSD, drug use, youthful offender, family support, good work
history, delay, parity, first time in custody, rehabilitation programs,
completion of courses, clean drug screens, impact of Covid-19, very
good prospects of rehabilitation.

DPP v Camilleri 20 months (1 year Trafficking in a drug G (late) Offending – Police were called to O’s house following a domestic
[2021] VCC 514 8 months) CCO: of dependence; dispute between O and his girlfriend G. While at the house police
- 150 hours Possession of a drug observed a clandestine laboratory set up in one of O’s bedrooms
community of dependence; along with a box of drug paraphernalia. O was arrested and a search
work Possession of warrant obtained.
- Mental health substances, A search of O’s premises, garage and garden shed located:
assessment and materials,
treatment documents or  One mature cannabis plant growing in a concealed
- Drug equipment for hydroponic grow room;
trafficking in a drug  Chemicals, containers and equipment for manufacturing
assessment and
of dependence;
treatment drugs;
- Supervision Possession of a  An ice pipe;
- Judicial precursor chemical;  A loaded handgun and various ammunition; and
monitoring Cultivation of a  A large amount of cold and flu tablets used in manufacturing
narcotic plant; and amphetamine.

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Possession of a Analysis of washings from the various containers and equipment

prohibited firearm located:
(On all offences - 20
months CCO)  302g of mixed methylamphetamine (1.21 x CQ, 0.4 x LCQ);
 35.4g of pseudoephedrine (0.35 x CQ, 0.05 x LCQ);
 701.9g of a precursor chemical iodine; and
 538.3g of hypophosphorous.
Offender – prior convictions for breach and stalking offences, 45y
male, mental health issues, depression, anxiety, suicidal ideation,
drug use, family support, character references, good work history,
rehabilitation programs, extra-curial punishment, bankruptcy.

DPP v Bidmade 18 months (1 year Trafficking in a drug G Offending – A police search of a premises where O was hiding
[2022] VCC 664 6 months) CCO: of dependence; located:
- Mental health Negligently dealing  an electric taser;
assessment and with proceeds of  7.9g of methylamphetamine (0.03 x CQ, 0.01 x LCQ);
treatment crime;  seven Xanax pills;
- Drug Possession of a drug  a driver's licence not in O’s name;
assessment and of dependence;  44 counterfeit $100 notes;
treatment  a police issued t-shirt; and
Handling stolen  $44,150 cash which was proceeds of crime.
- Alcohol goods; and
assessment and Offender – prior convictions for drug and dishonesty offences, 30y
treatment Possession of a female, difficult childhood, victim of childhood family violence,
- Supervision prohibited weapon victim of sexual abuse, on CCO at time of offending, mental health
without excuse (On issues, alcohol and drug use, family support, physical health
- Judicial these offences – 18 condition.
monitoring month CCO)
$500 fine Possession of
counterfeit money
($500 fine)

Gorgievski [2017] 18 months (1 year Trafficking in a drug G Offending – O worked in a store that sold anabolic and androgenic
VCC 1966 6 months) CCO: of dependence (18 steroidal agents legitimately through prescriptions. His co-offender
months CCO manager would arrange to obtain steroidal agents through both
- Mental health without conviction) legitimate and illegitimate prescriptions and sell them on, as well as
assessment and importing steroidal agents from China.
treatment Importation of Tier 1
goods (18 months O assisted in obtaining and collecting substances from pharmacies,
- 150 hours RRO) and was involved in five importations from China. O was not
community work involved in the initial contacts, but the agents were delivered to his
18 months (1 year house.
6 months) RRO: O received 2g of GHRP-6 over two transactions, 100g of both
- $750 (surety) testosterone cypionate and nandrolone decanoate, unknown amounts
of Tamoxifen, four types of testosterone, primbolin and
- Good behaviour methandienone. O forwarded payments to the overseas sellers.
Offender - no prior convictions, 40y female, behavioural issues, self-
harm, chronic depression, borderline personality disorder, back pain,
difficult childhood, anxiety, drug use, character references, delay,
completion of courses, very good prospects of rehabilitation.

DPP v Kennett 18 months (1 year Trafficking in a drug G Offending – One afternoon, O in her car, was seen by police briefly
[2020] VCC 1993 6 months) CCO: of dependence x 2; meeting with a known, regular heroin user. The next day, police
observed another man M getting into the back of O’s car. O and M
- Mental health Possession of a drug were followed by police into a nearby car wash carpark. A police
assessment and of dependence; officer approached the vehicle, saw O reach into the back seat and

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treatment Dealing with give an item to M, before speaking to both O and M. While talking,
- Drug proceeds of crime; the police officer saw M move a small plastic bag containing white
assessment and powder to the seat next to him. Police then conducted a search of O’s
Committing an car and located a magnetic box under the driver’s seat containing
treatment indictable offence plastic bags filled with methylamphetamine and heroin, a set of
- Offending while on bail; and digital scales, and one bag of white powder substance left by M in the
behaviour back seat.
Contravening a
programs
conduct condition of A police search of O’s premises located:
- Supervision bail (On all offences
- Judicial - 18 months CCO)  one plastic bag containing 78g of heroin (0.31 x CQ, 0.1 x
monitoring LCQ);
 one plastic bag containing 113.1g of methylamphetamine
(0.45 x CQ, 0.15 x LCQ);
 four plastic bags containing about 28g of cannabis;
 seven shotgun shells; and
 $2,900 cash which was proceeds of crime.
O was on bail at the time of offending. In contravention of her bail
conditions O was residing at an address other than the one listed on
her bail.
Offender – prior convictions for breach, dishonesty, drug, property
and violence offences, 31y female, victim of family violence, victim
of assault, victim of home invasion, on bail at time of offending,
motivated by drug use, mental health issues, depression, anxiety,
PTSD, suicide attempt, drug use, family support, assistance to
authorities, admissions to police, rehabilitation programs.

DPP v Negrea 15 months (1 year Trafficking in a drug G Offending – Police searched O1’s ex-partner’s house while
[2020] VCC 970 3 months) CCO: of dependence x 2; investigating O1’s unrelated offending. While searching the garage,
and police found 31 tablets containing 8.9g of 25% pure MDMA (0.09 x
Offender 1 - Drug
CQ, 0.01 x LCQ), 0.6g of 59% pure MDMA in powder form and
assessment and Handling or 0.3g of 86% pure methylamphetamine.
treatment receiving stolen
goods (On all On the same day, police searched O1’s uncle O2’s address, where
- Supervision offences - 15 month
they found:
CCO)
 74.6g of 86-87% pure methylamphetamine (0.3 x CQ, 0.1 x
LCQ);
 139 MDMA tablets weighing 40.5g (0.08 x CQ, 0.04 x
LCQ);
 5.8g of 58% pure MDMA in powder form (0.01 x CQ, 0.01 x
LCQ);
 49 capsules containing 6.2g of 46% pure MDMA (0.01 x CQ,
0.01 x LCQ);
 A stolen motorcycle worth $4,000;
 $15,531.05 cash suspected of being proceeds of crime;
 A seven millimetre calibre single shot air pistol;
 Extendable baton;
 Knuckledusters; and
 Other property suspected of being proceeds of crime.
O1 told police that the drugs and stolen property were his and he was
using O2’s premises to store them. CCTV and phone analysis
revealed both O1 and O2 were involved in drug transactions from
O2’s premises.
O1 and O2 sentenced on the basis that their offending occurred over

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approximately two and a half months.

Offender 1 – no prior convictions, 23y male, difficult childhood,
victim of family violence, drug use, youthful offender, family
support, character references, remorse, parity, totality, rehabilitation
programs, clean drug screens, good prospects of rehabilitation.

Coates [2016] 14 month CCO (1 Trafficking in a drug G Offending – O took possession of 2 packages containing total of
VCC 562 year and 2 of dependence 1975.2 g of GHB (0.99 x CQ) that had been sent by mail. Possession
months): for trafficking. Street value about $2,000. Low resale value in
- community work comparison to other drugs. Sporadic and very limited offending.
(70 hours); and
- mental health Offender – No prior convictions, no subsequent convictions, 45 y
assessment and female, drug use on limited basis, very out of character offending
treatment. brought about by distressing circumstances, loss of home, custody of
children and access to income due to breakdown of marriage,
extremely successful career in arts, former husband verbally and
physically abusive, support of family, access to children (requiring
supervision by O’s parents) limited due to O’s mother’s poor health,
no intrinsic mental health difficulties, excellent rehabilitation
prospects.

DPP v Jurd 12 months (1 Trafficking in drugs G Offending – O obtained a motel room which he let a friend F stay in
[2021] VCC 228 year) CCO: of dependence; and overnight. When O returned to the hotel room the next morning, he
found F deceased in the spa bath. Before calling police O removed
- Drug Possession of a drug several bags of MDMA, methylamphetamine and cocaine from the
assessment and of dependence (On room, putting them in his car.
treatment these offences - 1
year CCO) When police arrived, O while making a statement and providing ID
- Alcohol
dislodged a blister pack of morphine tablets in his wallet. O was
assessment and Breach of parole arrested and his car searched.
treatment (convicted and
- Supervision discharged) The police search of O’s car located an aggregate 130g of pure
MDMA, methylamphetamine and cocaine, as well as an array of
steroids.
O was on parole at the time of offending.
Offender – prior convictions for drug and dishonesty offences, 29y
male, on parole at time of offending, motivated by drug debts,
alcohol and drug use, family support, character references,
community involvement, good work history, totality, admissions to
police, rehabilitation programs, completion of courses, low risk of re-
offending, strong prospects of rehabilitation.

Towers & Anor 12 month CCO (1 Trafficking in a drug G (early) Offending – Over 12 months, O1 purchased at least $68,000 worth of
[2016] VCC 335 year): of dependence x 2; methylamphetamine over 6 occasions by travelling to pre-arranged
- community work Attempting to traffic meetings with supplier. 80.8 g of methylamphetamine at 9% purity
Offender 2 (120 hours); drug of dependence with street value of $16,000 located in O1’s car and 1 g of
- supervision; (on all offences – 1 methylamphetamine with street value of $200 located at O1’s house.
- drug assessment year CCO). O1 did not on-sell all of methylamphetamine; O1 and his partner used
and treatment; significant quantity. O1 only supplied methylamphetamine to friends.
- mental health Relatively low level in supply chain. On 2 occasions O1 acted as
assessment and drug-mule by driving to Sydney and returning to Melbourne with
treatment; and large amounts of cocaine. No financial gain, but O1 was provided
- offending with some cocaine. O1 supplied cannabis to one customer on a
behaviour regular basis over 4 months (largest amount supplied was 7 g for $80
programs (0.0003 x CQ)). Very modest trafficking level. O2 facilitated drug
(including transactions on behalf of O1 by putting drug buyers into direct
financial contact with O1 or by collecting money from buyers over 2 month
counselling). period. Total amount of methylamphetamine O1 acquired during
O2’s involvement was 170 g with street value of $34,000 (0.34 x
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CQ). O2 made no financial profit, but received methylamphetamine

to support own habit. O2’s involvement less extensive and less
serious than O1. O2 also made failed attempt to obtain $1000 worth
of ecstasy tablets at request of someone willing to buy them and O2
sold a couple of cannabis buds for $20 to someone O2 knew.
Relatively low level of criminality. Os prepared to engage in
trafficking of any illegal drug.
Offender 2 – No prior convictions, increase in drug use to enable O2
to stay awake so could maintain 2 jobs and cope with family
circumstances, co-operation, admissions, prior good character, 42 y
male, work history, isolation in Victoria, depression and anxiety,
strain on family, remand salutary experience, drug-free since arrest,
counselling, delay, sound rehabilitation prospects.

DPP v Nguyen 6 months CCO: Trafficking in a drug G (early) Offending – O1 and O2 were married and lived with CO1 at the time
[2019] VCC 2256 of dependence of offending.
- 50 hours
Offender 2 community O1 supplied cannabis to CO2 for on-sale. O2 acted as O1’s
work interpreter in the transactions. CO2 and his wife CO3 then on-sold
Offender 1 the cannabis to others, who on-sold it to others down the distribution
located in chain.
Trafficking in a
commercial A police investigation targeting the trafficking activities of CO2
quantity of a drug showed the extent of the involvement of O1 and O2 over a period of
of dependence nearly three months.
A police search of O1, O2, and CO1’s home located 70.81kg of
cannabis belonging to CO1, $15,360 cash and records showing O1
sold a total of 54.43kg of cannabis (2.18 x CQ, 0.22 x LCQ).
Offender 2 – no prior convictions, imprisonment Verdins, 26y
female, victim of childhood family violence, adherence to bail
conditions, anxiety, youthful offender, good work history, carer for
children, delay, extra-curial punishment, remorse, socially isolated.

Reynolds [2016] $3000 Trafficking in a drug G Offending – O was selling synthetic cannabinoids through tobacco
VCC 1632 of dependence shop that he managed. O in possession of 1.03 kg bag containing two
synthetic cannabinoids in indeterminate quantities. O took risk that
there was likelihood that it would be unlawful substance.
Offender – No prior convictions, 61 y male, admissions, could have
defended matter, work history, involved in professional bike riding,
cares for unwell parents, delay, rehabilitation prospects should be
good.

DPP v Violatzi $1000 fine Trafficking in a drug G (early) Offending – O’s son S was on bail for unrelated offending. S’s
[2019] VCC 1245 of dependence x 2 rehabilitation counsellor CO told O that he would delay providing a
(aggregate sentence - breach report on S to police so that O could regain his $10,000 surety
$1,000 fine) in exchange for O providing CO with cocaine and
methylamphetamine.
After several weeks, O eventually agreed to supply CO with 2g of
cocaine (0.01 x CQ) and 2g of methylamphetamine (0.01 x CQ).
Offender – prior convictions for drug offences, subsequent
convictions for unrelated offences, 55y male, difficult childhood,
victim of childhood family violence, drug use, physical health
condition, family support, good work history, parity, lost opportunity
at concurrency, remorse, assistance to authorities, undertaking to give
evidence, guarded prospects of rehabilitation.

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