Director of Public Prosecutions v Campo

[2022] VCC 2377

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-02306

DIRECTOR OF PUBLIC PROSECUTIONS

v

CARLOS CAMPO

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JUDGE:	HIS HONOUR JUDGE LAURITSEN
WHERE HELD:	Melbourne
DATE OF HEARING:	29 April 2022
DATE OF SENTENCE:	29 April 2022
CASE MAY BE CITED AS:	DPP v Campo
MEDIUM NEUTRAL CITATION:	[2022] VCC 2377

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:             Charges of possessing a drug of dependence and summary charges of possession of cartridge ammunition and possession of imitation firearms – matter resolved after charges at trial discontinued – location of drugs, ammunition and imitation firearms located during search of residence – limited criminal history – delay in sentencing from offence date

Legislation Cited:     Sentencing Act 1991
Cases Cited:            Worboyes v The Queen [2021] VSCA 169
Sentence:                 Fine of $1,600.00

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr R. Pirrie	Office of Public Prosecutions
For the Accused	Mr C. Grant	MMH Lawyers

Introduction

1On 28 January 2022 you, Mr Campo, pleaded not guilty to charges on Indictment K11027427.1.  A jury was empanelled.  On the second day of the trial the jury was discharged due to the unavailability of an important prosecution witness, due to that person's ill health, and the case was adjourned.

2Prior to today the Director has discontinued the charges under that indictment and filed a new indictment which bears the number K11027427.3, containing two charges to which you pleaded guilty.  Those charges are:

(a)   On 28 November 2018 possessing a drug of dependence, namely methylamphetamine;

(b)   On the same day possessing a drug of dependence, being cannabis L.

3You have also pleaded guilty to two summary charges:

(a)   On the same date possession of cartridge ammunition; and

(b)   Also on the same date possession of imitation firearms.

4The maximum penalties on Charge 1, possession of methylamphetamine, is one year imprisonment or a fine of 30 penalty units; on the charge of possession of Cannabis L, in the circumstances of your case the maximum penalty is 5 penalty units; on the charge of possession of cartridge ammunition 40 penalty units; and finally on the charge of possessing imitation firearms two years' imprisonment or a fine of 240 penalty units.

5The document entitled summary of prosecution opening for plea is Exhibit A.  Its factual content is admitted on your behalf. 

Circumstances

6In brief, on 28 November 2018 police members searched your flat and they found two Ziploc bags containing 0.2 grams of methylamphetamine and a Glad bag containing 1.6 grams of Cannabis L.  They also found various items the subject of the summary charges, they were seven live cartridges, a replica pistol, a starter pistol, five plastic Gel Blaster weapons and a Gel Blaster drum.

Pleas of Guilty

7Your pleas of guilty came late in the proceeding however they deserve a significant discount through their utilitarian benefit and the heightened benefit identified in Worboyes v The Queen[1].

[1] [2021] VSCA 169.

Criminal History

8You have appeared in a court on four occasions, were convicted or found guilty of a total of six offences.  These appearances were between May 1985 and July 1987. The largest penalty was a fine of $500 imposed in July 1984. Since those appearance were 35 to 38 years ago, when you were 19 to 24 years old, they are of no relevance to the sentencing today.

Personal Circumstances

9You are now 56, you were born in France of Spanish parents.  You are the third of four children.  Your family emigrated to Australia in 1971.  Unfortunately, your father died in 1972, your mother then worked hard to raise the family. 

10You completed Year 11 in 1981.  Until 2018 you were continuously employed.  You remained unemployed until gaining employment in March 2021, your employment is full time and well paid. 

11You married in 1966, you have one child, a son aged 23.  You and your wife separated in 2016, you are now divorced.  You formed a new relationship in 2018, your partner is now 23 weeks pregnant.

Discussion

12The requirements of s 5(1) and s 5(2) of the Sentencing Act 1991 are well known and in this case unnecessary to state. It is now almost four years since the commission of these offences. You have used the time profitably by remaining offence free. It is a long time to wait for an outcome and no doubt a source of anxiety for you.

13The quantities of the drugs are very small.  I would infer they were for your own use however you are now drug free.  There are a small number of cartridges, five of the firearms were Gel Blasters and there was one drum.  At least one resembled a real firearm.  You say these belonged to your deceased brother and I accept that.

Sentence

14On Charge 1, I will fine you $250.00.

15On Charge 2, I will fine you $100.00.

16On the charge of possession of cartridge ammunition, I will fine you $250.00.

17On the charge of possession of imitation firearms, I will fine you $1,000.00.

18On each charge the fine will be imposed without conviction.  I will refer the fine to Fines Victoria for collection. 

6AAA

19Absent your pleas of guilty I would have imposed fines totalling $2,400.00 but with convictions. 

Disposal and Forfeiture Orders

20I will make the disposal and forfeiture orders in the terms sought.

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