Director of Public Prosecutions v Blanchett

[2019] VCC 2198

IN THE COUNTY COURT OF VICTORIA  Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-01725

DIRECTOR OF PUBLIC PROSECUTIONS

v

CORNEL BLANCHETT

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JUDGE:	HER HONOUR JUDGE WILMOTH
WHERE HELD:	Melbourne
DATE OF HEARING:	10 December 2019
DATE OF SENTENCE:	18 December 2019
CASE MAY BE CITED AS:	DPP v Blanchett
MEDIUM NEUTRAL CITATION:	[2019] VCC 2198

REASONS FOR SENTENCE
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Subject: Criminal law - sentence            

Catchwords: Pleas of guilty to one charge of trafficking in a drug of dependence, one charge of trafficking in a commercial quantity, one charge of disposal of a traffickable quantity of firearms, one charge of handling stolen goods, one charge of possessing   substances, materials, documents or equipment for purposes of trafficking, one charge of possessing a precursor chemical, one charge of possessing a drug of dependence – pleas of guilty to three summary charges – offender aged 60 – no previous convictions – excellent work history – likely ABI – Verdins applies – good prospects for rehabilitation – no substantial or compelling reasons justifying a custodial sentence in combination with a CCO.

Legislation Cited: Sentencing Act 1991 s.5(2H)

Cases Cited:DPP v Hudgson [2016] VSCA 254 [72]; Kada v R [2017[ VSCA 339

Verdins v R [2007] VSCA 102

Sentence: 3 years’ imprisonment with non parole period  of 18 months.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Albert	OPP
For the Accused	Mr B.Johnston	Grigor Lawyers

HER HONOUR:

1Cornel Blanchett, you have pleaded guilty to:  one charge of trafficking in a drug of dependence; one charge of trafficking in a drug of dependence in a commercial quantity; onE charge of disposal of a traffickable quantity of firearms; one charge of handling stolen goods; one charge of possessing substances, materials, documents or equipment for purposes of trafficking; one charge of possessing a precursor chemical and one charge of possessing a drug of dependence.

2You also pleaded guilty to three summary charges:  dealing in property suspected of being proceeds of crime; possessing cartridge ammunition when unlicensed and possessing a prohibited weapon without an exemption.  There were three weapons, the subject of that charge:  a stun gun; a taser; a mobile phone and a dual bladed folding knife.

3The offending is contained in considerable detail in the prosecution summary, which shall be appended to these sentencing remarks.  I shall set out briefly a summary in the overall sense.

4Charges 1, 2 and 3 relate to your offending while operating a drug trafficking business and the other charges arose from the investigation after your arrest.  Charge 1 covers the period from 5 June to 13 August 2018.  On 27 June a telephone intercept was placed on your phone and during the period which followed you sold or bartered methylamphetamine to eight persons.  Two of your customers were police undercover operatives using the names, Kate and Zac.

5Charge 1 covers the six transitions with Kate.  Charge 2 covers the two sales to Zac between 14th and 24 August 2018.  A commercial quantity of methylamphetamine is 250 grams mixed or 50 grams pure.  Because the two quantities came to 79.3 grams of pure methylamphetamine it meets that definition.  Of all the sales during the relevant period only the eight sales to Kate and Zac can be quantified with a total of 158.8 grams supplied to them.  The purity of the ice was 80 to 88 per cent and they paid you $28,900 for it.  The transactions between the undercover operatives were recorded by them and they disclosed that the operatives requested increasing amounts of the drugs.  The recordings also include comments by you to the effect that you were finding it hard to obtain supplies and that you were not making much in the way of profits.

6Charge 3 relates to the firearms.  You told Operative Zac that you could supply .32, .22 and .45 firearms for between $8000 and $9000.  A week later he called you and asked how you could source some guns.  You said you were going to meet someone that evening who had them for sale and you would let him know.  When Zac inquired again the next day you told him you were going to Sydney and would sort it out.  A week later you gave him more details and you made a call to supplier, one, Milad Nessim, who offered a .45 calibre British Bulldog firearm for sale, and Zac requested a copy of the paper on which the details were written.  Two days later you rang Zac and arranged to meet him in order to meet with Nessim.  Then at another location you, Zac, another undercover operative named Eddie and Nessim met with an unknown man who produced two revolvers and some ammunition.  The price then agreed upon between Zac, Nessim and the unknown man was $23,000.  Eddie supplied the money and Zac paid it to Nessim, whereupon Zac was given the guns and all parties left the premises, going their separate ways.

7The guns were later forensically examined and were found to be:  (1) a .455 Webley Bulldog model, five shot, double action revolver; and (2) a .357 Magnum six shot, single action revolver with a shortened barrel.  Each had its serial number erased and was in working order.

8You were arrested on 29 November 2018 and search warrants were executed at your addresses in Euroa and Lilydale.  A bus parked in the driveway at the Lilydale address is where you were living at the time and articles relevant to the search were found in the bus and in the shed at the property.  Also in the bus were found items suspected to relate to a clandestine drug laboratory.  These included containers of solid and liquid substances, a folder of chemistry notes, digital scales, zip lock deal bags and an invoice book and tick list.  In the shed were found according to the labelled containers,hydrochloric acid, methylated spirits, caustic soda and acetone.  There was also a large range of laboratory equipment containing traces of substances, and a pill press.  Your fingerprints were found on three items.  All items from the bus in the shed relate to Charge 5.  Some pharmaceutical items, in other words, medication, were found in the bus and they were excluded from the charge.

9Charge 7 relates to the methylamphetamine found in the shed.  Washings of the drug were found in and on various pieces of equipment.  Various forms of the drug were found and in varying amounts and mostly of very low purity, none of which was in useable form, and was consistent with being waste from the manufacture of methylamphetamine, using ephedrine and/or pseudoephedrine.

10Charge 6 relates to the precursor chemicals found in the shed, which were quantities of ephedrine; pseudoephedrine, phosphorous acid, hydro phosphorous acid and iodine.

11Charge 5 deals with stolen property found in the bus and the shed.  This was a Victoria police hat badge which had been stolen some months earlier from the home of a former police member, a Victoria Police authorisation card to operate a speed detector in the name of a police officer who had lost his wallet two years earlier, and a driver’s licence, Medicare card and bank card stolen in a New South Wales burglary in 2017.

12In the shed was a Harley Davidson motorbike, which had been stolen in a burglary in 2017.  At Euroa a stolen Hino brand refrigeration truck with false number plates was found.  Its correct registration plates were found during the search of Nessim's home the same day.

13Turning now to the three summary charges, police found property in the shed, including power tools and other tools which were suspected of being the proceeds of crime.  They also found the three prohibited weapons already listed, and ammunition for firearms was found in the bus and at the Euroa property.  This consisted of a box of Winchester Hornets, .22 cartridges, some ammunition in a plastic, sealed bag and shotgun cartridges in a box and a bag.

14When interviewed by police you said you had sold little bits of drugs because you had no money.  You said you were pressured to sell drugs to the undercover operatives.  You did not want to but they called you and harassed you.  You said you did not usually do so and you did do so because you were a nice person.  You said you were pushed into it and were trapped by the police.  You said you made a profit of only $50 to $100 or $150 to $180 on each sale, which you said was a spotter's fee.  You said you bought drugs but you did not manufacture them, but you would not say from where you sourced them.

15You denied stealing the motorbike.  You said you took it from a man who was a paedophile and you took it to protect children by preventing the man from using it to entertain little girls.  You said you also took the iodine, glassware and other equipment from the same man.

16As to the firearms you said you were pushed into that transaction.  You never saw the firearms.  You merely took the people there and stood outside.  You said you had never met the supplier before, have never spoken to him and did not know his name.  You had been paid a $500 spotter fee and you did it because you were desperate for money.  You said you had bought the Hino truck for $500 and put your own plates on it and had not gotten around to completing the paperwork.  You later had suspicions that it might be stolen and you had left it at Euroa until you found out more about it.  You said the shotgun shells belong to your brother.

17It is necessary to set out the maximum penalties which apply to each charge.  For trafficking in a drug of dependence the maximum penalty is 15 years' imprisonment.  For trafficking a commercial quantity it is 25 years.  For disposal of a trafficable quantity of firearms, 10 years or 1200 penalty units.  For handling stolen goods, 15 years.  For possessing equipment, substances and related items for the purposes of trafficking, 10 years.  For possessing proscribed, precursor chemicals, five years and/or 400 penalty units.  For dealing with property reasonably suspected of being the proceeds of crime, two years or 240 penalty units.  For possessing cartridge ammunition without approval,
40 penalty units, and for possessing a prohibited weapon, two years or 240 penalty units.

18Trafficking in a drug of dependence in a commercial quantity is a Category 2 offence. This applies to offences committed after 2 March 2017. Section 5(2H) of the Sentencing Act requires that in sentencing an offender for a Category 2 offence a court must impose a custodial sentence unless there are substantial and compelling reasons that justify not doing so.  I shall return to that matter later.

19Although conceding that all of the offences are serious matters, Mr Johnston submitted that your level of offending can be characterised as being at the moderate level of seriousness in each case except for Charge 2.  The amount of pure amphetamine sold was 79 grams, which is a relatively small amount, therefore placing the offending in the lower range of seriousness.  Otherwise the offending was carried out in an unsophisticated manner, using your own iPhone.  The escalation of the amounts of drugs sold was consistent with the entrapment manifested by the use of undercover police, and guided by the factors set out in the case of Kada v R[1] at paragraph 72, I have concluded that the role of the police did place pressure on you to seek out increased supplies of the drug and I take that into account.

[1] [3017] VSCA 339

20Mr Johnston submitted that you were in effect encouraged to offend by the covert operatives when they requested the supply of greater amounts.  You were not always able to obtain these amounts, indicating the low level within the drug hierarchy at which you were operating.  As for Charge 3, the firearms trafficking, you were not the supplier but a facilitator and you made no money from it.  You knew how to source the firearms but despite telephone surveillance for six weeks prior to the transaction, and despite an admission by you to having sold one, there is no evidence of any other transaction.  The transcript of the calls from p.94 to 114, reveals your keenness to display your knowledge of the firearms scene to Zac in what has the appearance of a show of bravado.

21In applying s.5(2H)(e), I must determine whether there are substantial and compelling circumstances that are exceptional and rare. In doing so I am required to have regard to parliament's intention that a custodial sentence should ordinarily be imposed for this offence and not a sentence that would combine a prison sentence with a Community Correction Order. I am also required to have regard to whether the cumulative impact of the circumstances of the case would justify a departure from a non-combination sentence.

22The prosecution sentencing submission was that a custodial sentence to be served immediately should be imposed.  The submission made on your behalf by Mr Johnston was that given the time you have already served, a Community Correction Order was appropriate.  The meaning of substantial and compelling circumstances was considered in the case of Hudgson,[2] a case in which s.10 of the Sentencing Act applied. At paragraph 111 the court said it was clear that parliament intended that the burden on an offender who sought to escape the operation of s.10 should be a heavy one and not capable of being lightly discharged.

[2] [2016] VSCA 254

23Mr Johnston submitted that there are several reasons why your circumstances meet the test, including your personal circumstances and background and the particular circumstances of your offending.  I shall return to that matter shortly.  I note that I was also referred to the sentencing snapshot relating to trafficking in a commercial quantity of drugs, providing statistical data as to current sentencing practice.

24I turn now to your personal circumstances.  You are aged 60 and you were aged 58 and 59 when you offended.  You were born in India where your father, of South African origin, worked as a chief commissioner of police.  Your parents brought you to Australia when you were 12 and you have completed Year 10 at school.  You worked in various jobs and later started a business with your wife, which involved overseas travel.  The business was initially successful but later failed and in 2006 the family home had to be sold.

25You have one previous non-conviction court appearance almost 40 years ago in 1980 for handling stolen goods, when you were placed on a good behaviour bond.  You have explained that a friend gave you a stolen microwave.

26In 2006 you returned from a trip to Liberia, having contracted malaria.  You were hospitalised but in an apparently confused state, due to the illness, you discharged yourself from hospital and caught a train home while still wearing a hospital gown.  You tried to enter the house but the door was locked and you climbed on to the roof from where you fell from the two storey height and were badly injured.  You remained in hospital for several weeks.

27You separated from your wife, Julie, that year, the mother of your five children.  You have maintained a good relationship with her and with the children, all now adults.  Mrs Blanchett noted a significant change in your personality around the time of these events, when you became confused and forgetful often.

28You have had a partner for the past five and a half years, who works as a manager and has no problems with drugs or any prior convictions.

29It is not known what type of malaria you had contracted in 2006 but, in any event, you believe you may have contracted viral encephalitis.  You discussed this with Dr Olar Neilson, a psychiatrist who assessed you recently, and he noted that you did not report any symptoms of neurological disorder, which are sometimes seen after cerebral infections.  However, from a psychiatric point of view he diagnosed an acquired brain injury.  Julie Blanchett told Dr Neilson that you had suffered a head injury as a result of the fall and that the personality change became evident over the following year.  Quoting from Dr Neilson's report, she told him, with reference to you, that, 'He lost his confidence and he lost his values and his principles'.  She said you started hanging around with an unsavoury crowd that you would never have associated with before.  She said you would sometimes say inappropriate things with no insight.  You were living in the bus at the time and she said it was very cluttered, disorganised and untidy.

30Dr Neilson also noted a disorganised and mildly uninhibited pattern in your manner of communication with him.  Although he had access to some of your medical records, it appears that these did not include those relating to your hospitalisation in 2006 after the fall as there is no specific reference to them, although either you or Mrs Blanchett was able to give him quite detailed information as to the tests performed at that time, the symptoms and the diagnosis relating to previous infections.  It seems that your symptoms were regarded as being consistent with encephalitis.

31I have spelt this out because of the absence of a positive diagnosis of an acquired brain injury in the absence of appropriate testing.  Dr Neilson observed in you what seemed to be involuntary movements of the mouth, which he said are consistent with neurological injury.  It should be noted, however, that his assessment of you was conducted by video link to the prison and without evidence from Dr Neilson.  There has not been an opportunity for him to elaborate on that observation.  Indeed, Dr Neilson stated in his report that formal cognitive screening had not been attempted because of the way the interview was conducted.  He said the overall clinical impression was of mild impairment in cognitive function, particularly in the area of executive function, affecting planning, organisation, decision making, impulse control, social judgment, and self-awareness.  As I said earlier, from a psychiatric point of view his diagnoses was an acquired brain injury and any psychotic illness was excluded.

32In a supplementary report provided after the plea hearing, Dr Neilson explained that although he would have preferred to have had the benefit of brain imaging results and formal neuropsychological screening, his diagnosis was made on the basis of the viral illness you suffered, as well as the traumatic brain injury suffered in the fall.  He took into account the history of your change in personality from that date and your former wife's recollection of the medical diagnosis of the viral illness.

33You have remained in custody since your arrest for 384 days, your first time in custody, where you have been working daily in carpentry.  You have had two admissions to hospital during this time, once for extremely high blood pressure and once for excessive nose bleeds, which have not been clearly diagnosed and require you to sleep sitting upright to prevent the possibility of suffocating should a nose blood occur.

34You have made some plans for your release, hoping to live with your partner or with your family, and to return to full time work to fund your retirement.  Your strong family support was demonstrated by the presence in court of your former wife and all of your children and your current partner.  That is a positive indicator of good prospects for rehabilitation, together with other mitigating factors, including your early plea of guilty.  That has avoided the need for a trial and so is of value to the system of criminal justice and deserves a discount on your sentence.

35Although that could indicate that you have taken responsibility for your crimes, you have not expressed any remorse and, indeed, have sought to distance yourself from taking responsibility and to have blamed the police for instigating and encouraging much of your behaviour.  You have tried to minimise your criminality and have probably exaggerated the steps taken by the police as undercover operatives.  As Detective Senior Constable Robertson said in his evidence, there were never 25 phone calls to you in one day as you clamed.

36Your profile as an offender is without doubt an unusual one, as Mr Johnston submitted, and those features go generally to mitigation.  The principles in the decision of Verdins are enlivened to reduce your criminal responsibility somewhat and so to reduce a focus on general deterrence in sentencing, which can be reasonably moderated in your case.  Mr Albert, for the prosecution, queried the relevance of an unconfirmed brain injury, acquired some 10 or
11 years before this offending, but the observations on which Dr Neilson relied to form his opinion, such as poor judgment and decision making, and poor social awareness, may well have persisted, which would be consistent with
Mrs Blanchett's observations.  Any focus on specific deterrence should be somewhat reduced as prison has had a salutary effect upon you and will continue to do so as well as having an appropriately punitive effect.

37I return now to Mr Johnston's submission that substantial and compelling reasons justifying a Community Correction Order are established by your circumstances.  I have carefully considered them and I accept the likelihood that you do have an acquired brain injury in terms of a mild cognitive impairment, based on Dr Neilson's clinical opinion formed in the context of his observations and the reported history from you, from Mrs Blanchett, and based on the medical records, such as they are.  That conclusion enlivens the Verdins[3] principles but does not establish substantial and compelling reasons that are exceptional and rare.

[3] [2007] VSCA 102

38Dr Neilson was asked to comment on the likely effects of imprisonment on a person suffering from an acquired brain injury, and in his supplementary report he explained that people with such deficits often find the routine and structure of prison to be quite suitable for them, as basic needs are met and that many stressful decisions can be avoided.  However, he added that prisoners with frontal lobe impairment often have difficulty interpreting the unwritten rules of prison life and hence avoiding violence and exploitation by other prisoners.  He said you would be likely one of those to find prison life more onerous than would many others for that reason, but also because of your age, background and poor physical health.

39Would you stand now, please, Mr Blanchett?

40I sentence you to the following terms of imprisonment:

Charge 1, two years;

Charge 2, two years and six months;

Charge 3, one year;

Charge 4, 18 months;

Charge 5, 18 months;

Charge 6, 12 months;

Charge 7,12 months;

summary Charge 4, dealing with the suspected proceeds of crime, nine months;

summary Charge 6, possessing prohibited weapons, nine months;

summary Charge 5, possessing ammunition, a fine of $1000.

41The sentence for Charge 2 will be the base sentence for the purposes of cumulation.  I order that two months of the sentence for charge 1 and one month of each of the sentences for charges 3 and 4, and summary charges 4 and 6, be served in cumulation upon the base sentence.  This results in a total effective sentence of three years.

42I order that you serve a minimum period of 18 months before being eligible for parole.

43I declare that the pre-sentence detention of 384 days be reckoned as already served and I shall cause that to be noted on the court record.  I stand to be corrected if that is inaccurate but I will come back to that.

44If you had pleaded not guilty of these charges I would have sentenced you to four years with a non-parole period of two years and six months.

45The prosecution seeks a number of ancillary orders to which you have consented through your counsel. 

46I make orders for forfeiture and disposal of items, including firearms, drugs and weapons. 

47I order that you pay $28,900 to the State pursuant to a pecuniary penalty order, representing the amount by which you profited through committing the offences, subject to charges 1and 2, that is to be paid to the County Court, not to Fines Victoria.

48Are there any other matters?  Mr Albert?

49MR ALBERT:  No, Your Honour.

50HER HONOUR:  Mr Johnston?

51MR JOHNSTON:  We agree, Your Honour, in relation to that figure of 384.

52HER HONOUR:  All right, thank you.

53MR JOHNSTON:  As Your Honour pleases.

54HER HONOUR:  All right, now, Mr Blanchett may be taken now, thank you,

officers.

PROSECUTION SUMMARY OF CHARGES:

CHARGE 1 – TRAFFICK METHYLAMPHETAMINE

1. The charge covers the period 5/6/18 - 13/8/18. There was a telephone intercept on Blanchett’s phone from 27/6/18. In the charge period Blanchett sold or bartered methylamphetamine to 8 persons.[4] Two of Blanchett’s customers were police undercover operatives-

   (1)Kate (UCO 280)

   (2)Zac (UCO 308)

   [4]Allison Robbins

   Jayden Henry

   Warren Graham

   Ricky Hayward,

   Marcelle Gaffney

   Peter Ferrari

   Police Under Cover Operative 280 – “Kate”

   Police Under Cover Operative 308 – “Zac”

2. The amount Blanchett trafficked is quantified only in respect of sales to Kate and Zac. There were 8 sales to them.

   (1)Each sale -

   (a)took place in Blanchett’s vehicle in car parks in Bayswater.

   (b)was of crystal methylamphetamine – “ice’.

   (2)A total of 158.8 gm. was supplied to them. The purity of the ice was 80-88%. The total amount they paid Blanchett for the ice was $28900.

The trafficking to Kate and Zac was as follows: 2018	What occurred	Quantity (gm)
5/6	Kate - ·    met Blanchett in a supermarket carpark. ·    asked for a quarter (7 gm.). Blanchett o   gave her 2 zip lock bags containing ‘ice”. o   told her "There's two '8-balls' in there." (meaning 2 x 3.5 grams). ·    suggested a price of $1400. Blanchett agreed. Kate paid him that amount. ·    and Blanchett exchanged phone numbers. Blanchett suggested their code for further drug transactions was “beer” or “a couple of beers”.	6.9 Purity 80%
13/6	Kate- ·    called Blanchett. ·    told Blanchett that she could only do “one beer", (meaning 3.5 gm). ·    and Blanchett arranged to meet at the supermarket carpark. At the carpark Blanchett gave Kate a zip lock bag containing ice. ·    asked if the price was $700. Blanchett insisted on $750. ·    paid Blanchett $750. ·    asked Blanchett for "2 beers” the following week. Blanchett agreed. He said that he would re-stock soon so that a phone call on the day was all that was necessary.	3.5 Purity 83%
21/6	Kate- ·    called Blanchett wanting "2 beers". They arranged to meet at the Anaconda store carpark. ·    at the car park paid Blanchett $1400 in exchange for a zip lock bag containing ice. ·    asked Blanchett about the prices for larger quantities. Blanchett told her - o   $2600 for 14 gm. o   $5100 for an ounce (28 gm.). o   he would need 1- or 2-days’ notice for such larger amounts.	7 gm. Purity 83%
27/6	Kate- ·    received a phone call from Blanchett. They discussed catching up on 29/6. ·    asked Blanchett if it was OK to buy “4 beers” (14 gm. – 4 x 3.5 gm.) Blanchett confirmed an agreed price of $2600.
29/6	Kate - ·    called Blanchett. Blanchett said he was struggling with quantities and they would speak later. ·    called back later. Blanchett said that only 1.7 grams was available. They arranged to meet at the Anaconda carpark. At the car park Blanchett - ·    told Kate that he could only do “1½”. ·    gave Kate a zip lock bag containing ice. Kate paid him $300.	1.5 Purity 83%
13/7	Kate - ·    called Blanchett wanting "4 beers" (14 gm.) Blanchett confirmed that it should be available. ·    asked if she could attend with her boyfriend Zac and that Zac would call Blanchett soon. Blanchett agreed.  Zac called Blanchett to arrange the buy. Blanchett later replied “sorry wasn't any good I call you tomorrow thanks."  Kate and Zac were unable to contact Blanchett until the following week.
18/7	Blanchett texted Zac that- ·    he was going to Sydney. ·    he would be back the following week ·    'then we will get back to work.'
24/7	Blanchett texted Zac:  Hi I'm back we can catch up for a beer tonite.' Zac texted Blanchett: Welcome bck tomorrow is beta fr me can we do 4 beers at 5 or 6.'  Blanchett confirmed by text.
25/7	Zac - ·    and Blanchett arranged to meet at the Anaconda carpark. ·    paid Blanchett $2600 in exchange for a clear plastic container containing ice. ·    and Blanchett discussed the price of an ounce (28 gm.). Blanchett said the price would be $5100.	14.3 gm Purity 88%
31/7	Zac text to Blanchett: Hey Con cn we ctch up fr 8 beers tomoz nite sme time (meaning 28 gm - 8 x 3.5gm) Blanchett replied: Yes I'll have some beers with you tomorrow.
1/8	Zac - ·    and Blanchett arranged to meet at the Anaconda store carpark. ·    at the carpark paid Blanchett $5100 in exchange for a zip lock bag containing ice.	28 gm. Purity 80%
8/8	Zac text to Blanchett that he needed beers. Blanchett called Zac and told him he - ·    could help him. ·    was travelling to Sydney. Zac said he would wait until Blanchett returned from Sydney before buying more "beers" off him.
6 sales. Total price: $11550		61.2 gm mixed 50.43 gm pure

CHARGE 2 – TRAFFICK COMMERCIAL QUANTITY METHYLAMPHETAMINE

1. The charge covers sales to Zac on 14/8/19 and 24/8/18. A commercial quantity of methylamphetamine is 250 gm. mixed or 50 gm. pure. The total quantity supplied was a mixture of 97.6 gm. The pure quantity being 79.3 gm.[5]

   [5]Large commercial quantity: 750 gm. mixed 500 gm. pure,

Date 2018	What occurred	Quantity (gm)
13/8	Zac contacted Blanchett to buy “8” (24 gm ice – 8 x 3.5). The buy was arranged for the next day.
14/8	Blanchett called Zac. They arranged to meet at the Anaconda carpark. Blanchett at the carpark ·    gave Zac 2 zip lock bags containing ice. ·    said that they both contained "28" (gm.) but he had removed 2 gm from one of the bags and could not remember which one it was. Zac chose a bags and paid Blanchett $5100.	27.7 Purity 82%
22/8	Blanchett ·    called Zac. ·    said he was available the following day for "beers". ·    asked how much Zac wanted. Zac asked for 2½ beers ("Beer" for Zac connoted 28 gm. 2½ ounces – 70 gm.) They agreed to meet on 24/8.
24/8	Blanchett text to Zac: Hi buddy we are doing beer tonite three big bottles for $15 bucks (i.e. 3 ounces [84gm] for $15000.) Zac called Blanchett and reminded him that the order was for 2½ ounces. They arranged to meet at the Anaconda carpark. At the carpark Zac paid Blanchett $12250. Blanchett gave Zac 3 zip lock bags containing ice.	69.9 gm Purity (av): 81%
Two sale. Total price $17350		97.6 gm Pure: 79.3 gm

CHARGE 3 - DISPOSAL OF A TRAFFICKABLE QUANTITY OF FIREARMS

Date

2018

What occurred

1/8

Blanchett told Zac in the course of a drug sale that he–

·    could supply .32, .22 and .45's (referring to calibre of firearms).

·    could purchase a firearm for about $8,000-$9,000.

·    would refer on the phone to the calibre of firearm as "metres of concrete"

7/8

Zac called Blanchett. He asked how Blanchett went with sourcing firearms. Blanchett said he-

·    was meeting with someone that evening.

·    would be able to identify what firearms they had for sale and when they could be purchased.

·    would let Zac know.

8/8

Zac text to Blanchett that inquired about the firearms: … hwd u with that quote

Blanchett called Zac. He told Zac he was travelling to Sydney on 9/8 to sort out the "other thing" (firearms).

14/8

Blanchett in the course of a drug sale to Zac told Zac –

·    he had been in Sydney looking for guns. The guns he saw were poor quality.

·    he could supply "a silver Glock and a .44." The supplier

o   was "a little Italian mafia man".

o   wanted $24000 for both handguns.

·    they could go to look at them the next day if Zac was interested.

·    he would call the supplier.

The phone number of the supplier was saved on Blanchett’s phone under the name Danny Devito. The number was that of Milad Nessim (dob 10/5/1950). Blanchett put the call on loudspeaker. Nessim said-.

·    he had the details of a firearm on a piece of paper. It was a "British Bulldog" and "45" (calibre).

·    he would send a photo of the paper to Blanchett.

Zac requested a copy of the photo of the firearm details.

16/8

Blanchett –

·    called Zac in the morning.

·    told Zac to be in the Campbellfield area at about 2.30 pm. Zac attended that area at about that time with police undercover operative Eddie (UCO 316).

·    called Zac. After multiple phone calls they arranged to meet in a carpark.

·    at the carpark was sitting in Nessim’s vehicle with Nessim.

·    got out of the vehicle. He told Zac he would travel in Zac’s vehicle and they would follow Nessim. They followed Nessim to 7 Tabilk St. Fawkner. There Zac introduced himself to Nessim. Nessim said he would need a few moments before the transaction could take place.

·    told Zac while they waited for Nessim that the place they were going to was actually that of a friend of Nessim’s because they did not want the transaction taking place at Nessim’s home[6] due to family being present.

When Nessim returned Blanchett and Zac followed him to the garage of 2/7 Tabilk St. An unknown male

·    was in the garage.

·    took a bag from beneath a work bench and removed two vacuum sealed bags.

·    cut both bags open and laid out their contents. There was

o   two revolvers wrapped in towels.

o   a black box covered in black tape that contained ammunition.

Zac –

·    examined the handguns. Nessim said there was "nothing on the firearms".

·    and Nessim negotiated the price which was eventually agreed as $23,000.

The unknown male offered to repackage the firearms in the vacuum sealed bags. Zac agreed. Zac

·    left the garage and collected $23000 from Eddie.

·    returned to the garage and paid the money to Nessim.

·    was given the handguns and ammunition in the vacuum bags.

The parties then went their separate ways

[6]5 Evatt Court, Mill Park

1. The handguns and 40 cartridges with them were forensically examined. The handguns -

   (1)were revolvers:

   (a).455 Webley, Bulldog model – 5 shot double action. Overall length: 169 mms.

   (b).357 Magnum - 6 shot single action. It had its barrel shortened to 109 mms

   (2)had their serial numbers erased.

   (3)were in working order.

ARRESTS AND SEARCHES

1. On 29/11/18 police-

   (1)arrested

   (a)Nessim.

   (b)Blanchett at 9 Branjee Rd., Euroa. Blanchett told police that this was his address.

   (2)executed search warrants at –

   (a)Nessim’s residence.

   (b)the Euroa property.

   (c)7 Blair Street, Lilydale. When interviewed by police Blanchett said –

   (i)the address was his sister’s house.

   (ii)his mother sometimes lived there and sometimes in Euroa.

   (iii)he sometimes lived there in his bus.

2. There was a bus in the driveway of 7 Blair St. It appeared that Blanchett slept and lived in the bus. Police found items in the bus suspected to relate to a clandestine laboratory. Victoria Police Forensic Services Department officers were called in to ensure the address could be searched safely.

3. Police found various items in Euroa and in the bus and shed at Blair St.

POSSESS SUBSTANCES, MATERIAL, EQUIPMENT FOR TRAFFICKING - CHARGE 5

1. Police found

   (1)in the bus:[7]

   [7] Also found in the bus was:

   Potassium nitrate in plastic container labelled 'Potassium Nitrate 1 kg'

   Pharmaceutical medication.

   Rivotril - ampoule

   Adrenalin/xylocoine - ampoule

   Itlethylnaltrexone - ampoule

   Lignospan l vile

   Clexane 1m vile in syringe

   4x OxyContin in blister pack

   (a)jars and containers with solids and liquids or traces thereof.

   (b)folder containing chemistry notes

   (c)glass bottle wrapped in plastic containing liquid.

   (d)digital scales

   (e)zip lock deal bags

   (f)invoice book and tick list

   (2)in the shed:

   (a)chemicals:

   (i)hydrochloric acid in container labelled 'Diggers Hydrochloric acid 500 ml'

   (ii)methylated spirits in plastic bottle labelled ‘Diggers Methylated spirits 4 Litres’

   (iii)caustic soda in plastic container labelled ‘Bondall caustic soda 500 g’

   (iv)acetone in a container labelled 'Diggers Acetone 500 ml.

   (b)laboratory equipment:

   (i)funnel with tape containing traces of solid x 2

   (ii)jars, dishes, containers, glass, bottles, flasks, plastic bags containing solids, powders or liquids or traces thereof.

   (iii)metal spoon containing traces of solid

   (iv)submersible pumps x 3

   (v)glassware including-

   ·glass still-head glass receiver adaptor

   ·glass condenser with receiver adaptor and tubing attached

   ·flasks

   ·measuring jug

   (vi)clamp.

   (vii)retort stand.

   (viii)lengths of plastic tubing with tape on ends.

   (ix)filter papers.

   (x)chemical testing strips.

   (xi)pH meter.

   (xii)electric grinder containing powder.

   (xiii)camping stove with gas canister and traces of solid,

   Blanchett’s fingerprints were found on two of the dishes and a glass.

   (c)a pill press

POSSESS DRUG OF DEPENDENCE: METHYLAMPHETAMINE -CHARGE 7

1. Methylamphetamine was found in the shed in -

   (1)washings taken from a flask, dish and spatula, glass dishes, glass receiver adapter, plastic tubing, pH meter, tubing, condenser contained methylamphetamine.

   (2)4.1 gm. of crystals in three plastic bags. Purity 77-84% (3.7 gm. pure)[8]

   (3)7.3 gm. of solid. Purity 4-7%[9]

   (4)146.4 gm. of damp brown crystals in a jar and a plastic bag. Purity < .9%[10]

   (5)3.4 gm. of powder in a plastic jar. Purity < .26%[11]

   (6)234.1 gm. in liquid, gel, solid. Purity < .23%.[12] The appearance and result of analysis of those substances -

   (a)indicated that that the methylamphetamine was not in usable form.

   (b)was consistent with it being waste material from the manufacture of methylamphetamine using ephedrine and/or pseudoephedrine.

[8] Certificate of analysis – Christopher Verdon. Items 51, 53, 54

[9] Certificate of analysis – Christopher Verdon. Exhibit 26, 42

[10] Certificate of analysis – Alicia Porker Items 58, 62

[11] Certificate of analysis – Alicia Porker Item 57

[12] Certificate of analysis – Christopher Verdon. Exhibit 26, 42

POSSESS PRECURSOR CHEMICAL - CHARGE 6

1. Prescribed precursor chemicals were found in the shed[13]:

   [13] Certificate of analysis – Christopher Verdon. Exhibit 15, 24, 3, 38, 39

Precursor chemical	Quantity gm.	Prescribed quantity mixture
Ephedrine	31.8 (mixture) 5.1 pure	25 gm.
Pseudoephedrine	47.3 (mixture) .9 pure	25 gm
Phosphorous acid	72.5	25 millilitres
Hypophosphorous acid	356.6	25 millilitres
Iodine	872.4	5 gm.

1. Methylamphetamine can be manufactured from ephedrine or pseudoephedrine using iodine in combination with either phosphorous acid or hypophosphorous acid. 5.1 gm ephedrine can produce 2-3 gm. methylamphetamine by this method:

HANDLE STOLEN PROPERTY – CHARGE 5

1. Police found stolen property -

   (1)in the bus:

   (a)Victoria Police hat badge. The badge was stolen in a burglary on the home of a former police member in July 2018.

   (b)Victoria Police authorisation card to operate speed detector card in name of D. Kealy. The card was in Kealy’s wallet that he lost in October 2016 at an unknown location

   (c)Driver’s licence, Medicare card, Westpac card in the name of Jodie Smith. The cards were stolen in a burglary in NSW in October 2017.

   (2)in the shed: Harley Davidson motorbike. It was stolen in a burglary at Lara in February 2017.

   (3)at Euroa: Hino refrigeration truck with false number plates affixed. The truck was stolen in April 2018 from a meat storage facility in Coburg North. Police found its registration plates at Nessim’s residence.

POSSESS PROPERTY SUSPECTED TO BE PROCEEDS OF CRIME – SUMMARY OFFENCE 5.

1. Police found property in the shed that was suspected to be proceeds of crime. Blanchett had discussions with drug customers over the phone about obtaining some items of that nature.

   (1)power trimmer

   (2)pole pruner

   (3)hammer drill

   (4)torque wrench

   (5)screw driver set

   (6)wet and dry vacuum

   (7)sand polisher

   (8)welder

   (9)tool chest

   (10)socket set

   (11)tool box with multiple tools

   (12)Xbox

POSSESS PROHIBITED WEAPON – SUMMARY OFFENCE 6

1. Police found prohibited weapons in the bus:

   (1)Taser mobile phone

   (2)stun gun

   (3)dual bladed folding knife

POSSESS CARTRIDGE AMMUNITION - SUMMARY OFFENCE 4

1. Police found cartridge ammunition –

   (1)in the bus

   (a)box Winchester Hornets.22 cartridges

   (b)ammunition in a plastic sealed bag

   (2)at Euroa - shotgun cartridges in box and bag.

   END OF PROSECTION OPENING
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