Director of Public Prosecutions v Candy

[2025] VCC 901

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

 Revised
Not Restricted
Suitable for Publication

Case No. CR-24-00580
 CR-25-00479

DIRECTOR OF PUBLIC PROSECUTIONS

v

BRADLEY MICHAEL CANDY

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JUDGE:	HIS HONOUR JUDGE DEMPSEY
WHERE HELD:	Melbourne
DATE OF HEARING:	25 June 2025
DATE OF DECISION:	27 June 2025
CASE MAY BE CITED AS:	DPP v Candy
MEDIUM NEUTRAL CITATION:	[2025] VCC 901

SENTENCE
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Subject:CRIMINAL LAW – Sentence

Catchwords:              Possession of a drug of dependence, theft of a motor vehicle, handling stolen goods. Offender subject of a firearms prohibition order. Breach of that order by possession of firearm. Offender 38 years of age with a significant and relevant prior history. Multiple previous terms of imprisonment and persistent breaches of court orders. History of alcohol and substance use. Plea of guilty. Delay. Punishment, deterrence and denunciation. Prospects for reform, specific deterrence and community protection. Totality. Significant pre-sentence detention. No imposition of non-parole period.

Legislation Cited:      Crimes Act 1958, Bail Act 1997, Criminal Procedure Act 2009, Drugs, Poisons and Controlled Substances Act 1981, Firearms Act 1996 and Sentencing Act 1991.

Cases Cited:R v Novakovic (2007) 17 VR 21, Koukoulis v The Queen [2020] VSCA 19, Berichon v The Queen [2013] VSCA 319, Houssein v The Queen [2013] VSCA 319, Chamma v the Queen [2020] VSCA 232, DPP v Candy [2018] VCC 1055.

Decision:TES: 20 months imprisonment.

PSD: 603 days.

s.6AAA: 3 years imprisonment with a non-parole period of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the Prosecution	Mr P. Triandos	Office of Public Prosecutions
For the Accused/ Applicant	Mr J. Miller	Emma Turnbull Lawyers

HIS HONOUR:

INTRODUCTION

1Bradley Candy, you have pleaded guilty to the following nine charges spanning two indictments, as well as a related summary offence (RSO):

2On indictment P12317295.2 (the theft and handle stolen goods matter):

#	Charge	Provision	Maximum
1	TOMV 2 Nov 2023 Black Holden Commodore Utility	s.74 Crimes Act 1958	10 years imprisonment
2	HSG 2 Nov 2023 Jewellery	s.88 Crimes Act 1958	15 years imprisonment
3.	HSG 2 Nov 2023 Car key	s.88 Crimes Act 1958	15 years imprisonment

3On indictment P12317295.A  (the drugs and firearm matter):

#	Charge	Provision	Maximum
1	Possess Cocaine 2 November 2023	s.73(1) DPCSA 1981	1 year imprisonment
2	Possess GHB 2 November 2023	s.73(1) DPCSA 1981	1 year imprisonment
3	Possess Buprenorphine 2 November 2023	s.73(1) DPCSA 1981	1 year imprisonment
4	Prohibited person possess firearm 2 November 2023	s. 5(1) Firearms Act 1996	10 years
5	Possess methylamphetamine 2 November 2023	s.73(1) DPCSA 1981	1 year imprisonment
6	Possess Steroids 2 November 2023	s.73(1) DPCSA 1981	1 year imprisonment

4The  RSO: 

#	Charge	Provision	Maximum
4	Commit offence on bail    2 November 2023	s.30B Bail Act 1997	3 months

5The offending is confined to the events on a single day, being 2 November 2023.

6This offending, though having aspects of concern, is not at the higher range of offences of this kind.

7You are in your mid-30s.  You have a history of drug use, violence, driving and dishonesty offences.  You have an especially poor history under supervision.

8You have been in prison on remand for this matter for close to 20 months. The joint position of the parties is that a sentence that does not exceed the time you have already served in prison is open. Having considered the matter and the helpful submissions of counsel, I am going to sentence you to 20 months in prison. My reasons for doing so follow.

THE OFFENDING [1]

[1]Taken from Exhibit A: Summary of Prosecution Opening for Plea 25 June 2025

9At about 3.22 am on 2 November 2023 you were at 17 Park Avenue, Preston.

10A black Holden Commodore Utility, registration 1RT:6AY, was parked in the driveway outside of the unit.  The vehicle had been reported as stolen from Jake Ignatiadis in Romsey on 1 November 2023 and, at the time it was stolen, had a firearm inside.

Indictment P12317295.A

11Police attended and arrested you. You were searched and found in the possession of a Ziploc bag containing white crystals (Charge 1 – Possess cocaine), a glass bottle of GHB (Charge 2 – Possess GHB), and five suboxone sachets (Charge 3 – Possess buprenorphine).

12Police conducted a search of the vehicle and the unit. A disassembled firearm was located on the front passenger seat of the car. The barrel of that firearm was found under a bed in the upstairs bedroom. (Charge 4 – Prohibited person possess  firearm).

13Also in the vehicle was a Ziploc bag containing a white crystal substance (Charge 5 – Possess methylamphetamine), and two black sachets labelled ‘Turniabol 100 tablets’ (Charge 6 – Possess anabolic steroids).

Indictment P12317295.2

14When searched, you were found in possession of the key to the vehicle stolen the night before. (Charge 1 – Theft of motor vehicle; Related Summary Offence – charge 4 -  commit offence on bail)

15You were found to be in possession of a cigarette case containing gold jewellery which had been stolen from Mr Ignatiadis the day before. (Charge 2 – Handle stolen goods)

16During the search of the vehicle, police also located a key to a Toyota Landcruiser belonging to the same victim and that had also been stolen the day before. (Charge 3 – Handle stolen goods)

Interview

17On 2 November 2023 you were interviewed at the Heidelberg police station. During the interview, you said:

a)the shotgun was in the car;

b)you picked up the car some hours before in the northern suburbs;

c)you took the firearm from the boot, took it apart and put it on the passenger seat;

d)you had a bag of powder which was coke.

e)you got the car off someone you knew at midday on the previous day;

f)and the firearm was in the Ute.

Victim impact

18There is no victim impact statement.

Case history

19I have gone back to the most recent and substantial part of your prior history, that being a prior appearance in 2018, to place this matter into context, before outlining its rather sorry history.

20The delay in concluding this case is explicable in this way; originally, the complainant in this matter did report a serious home invasion where he suffered from threats and violence by two offenders but did not identify either one of them. He then made a statement nominating you as an offender, before retracting that statement, in what can best be described as curious circumstances. He then failed to attend numerous court appearances where he was to be tested about his versions of events.

21He was ultimately the subject of a s198 CPA examination, where he agreed he had lied about your involvement in the offending. He then failed to appear as a witness at your trial. The matter then resolved in the way reflected in the charges I am now dealing with.

22The full chronology follows.

Date

Event

10 July 2018

Sentenced to 5 years with a NPP of 2yrs 9 months

Aggravated burglary, APCOJ, threats and breach of bail

Sentenced as a serious violent offender

277 days PSD

30 November 2018

Breach CCO dealt

Proven, order confirmed, and no other action taken

11 July 2019

DWD

1m concurrent

14 Dec 21

Parole granted

11 July 2022

Returned to custody

7 Oct 2022 

Sentence lapsed

26 June 23

Alleged extortion

16 Aug 23 

Bailed on alleged extortion

2 Nov 23

Offending here on bail

2 Nov 23

Interview and remand

3 Nov 23

Ignatiadis statement 1

3 Dec 23

Ignatiadis statement 2

Feb 24

Extortion withdrawn

Summary plea to what

And what was penalty

Pos DOD

Fail to comply

12m bond with conviction

29 Feb 24

Committal listing 1 

20 Mar 24

Committal listing 2

16 April 24

Committal listing 3 – proceed with witness in custody

12 May 24

Ignatiadis statement 3

14 May 24

DH

16 May 24

Pros put on notice that A’s lawyers had received Ignatiadis statement 3

21 May 24

Defence put on notice that Vic Pol proposes to investigate nature and origin of purported statement

10 July 24

s.198B Ignatiadis listing 1

he appears from car and matter adjourned for in person

25 July 2024

s.198B Ignatiadis listing 2

he failed to appear and a warrant issued.

13 August 24

s.198B Ignatiadis listing 3.

Appeared and gave evidence

Transcript provided

Trist says he receives email from OPP about further investigation

26 Aug 24

Application for discontinuance made

27 Aug 24

DH

25 Sept 24

DH

App to adjourn the trial based on Arunta call investigations re- C recanting

30 Sept 24

Trist makes further statement about Arunta calls to be listened to

1 Oct 24

Trial vacated

7 Oct 24

Proposed trial date

14 Oct 24

Bail application (admin adj)

28 Oct 24

Bail application Adjourned as no informant

31 Oct 24

Bail application adjourned

8 Nov 24

Bail app

Refused

5 Dec 24

FDH

Trial date fixed

19 June 25

DH

23 June 25

Trial to commence

Complainant did not attend

W issued

24 June 25

Matter resolved

26 June 25

Plea 602 days

27 June 2025

Sentence (603 days)

23Suffice to say that as of today at the time of sentence, you have served 603 days by way of presentence detention.

MATTERS PERSONAL TO THE ACCUSED [2]

[2]Taken substantially from Exhibit 1- outline of plea submissions, as well as your previous sentence by Judge Mulally in DPP v Candy [2018] VCC 1055

Background and family

24You are now 38 years old.

25You grew up in Wandong with your three brothers.

26Your father, now in his early 60s, was a fitter and turner in a car exhaust company. Your mother worked casually in a bank when you were very young but was otherwise a homemaker.

27Your father was not around much during your childhood, as he took a second job as a night security guard. There was some family violence, but the family is still together, and they live in Wallan.

28You describe yourself as a handful as a child and were harshly punished by your parents at times.  You say that you and your brothers were pretty difficult to control.

29Your father had a major heart attack at the early age of 40, which meant he completely stopped drinking and smoking altogether.

30Your brothers are now aged between their early 20s and early 40s and have families and jobs.

31You have a good relationship with your parents now, though you have been somewhat embarrassed to have them on your phone list or for them to have any visits with you at your age.  You speak to them at least once or twice a fortnight. You still have work to do I am told in that relationship.

Education and employment

32You went to Wandong Primary from prep to grade 5, at which time you were asked to leave for bringing alcohol to school. You remember being in fights two to three times a week. You went to Broadford High School, where you started well.

33Unfortunately, you started smoking cigarettes and cannabis and being truant after that first year. It went, colloquially put, south in year 8. You were not at school long enough to learn much and have only a rudimentary level of education. You are literate and numerate but did much better in technology subjects.

34You left school at the start of year 11 and started an apprenticeship in roof tiling, working in the industry for about six years.

35You then started a long period of work in removals, including with the company that offered ongoing work at the time of the bail application, JRAC Removals. The company and its owner have been solid supports for you throughout the time you have known them. I was provided with a reference from them confirming their willingness to employ you. [3]

[3]Exhibit 4 – Reference of JRAC removals.

Relationships

36Your first major relationship was with Samantha at the ages of 18 and 19 with whom you have two sons, now aged 17 and 19. There was a brief revival of that relationship that didn’t work out in your mid-20s.

37There was another relationship that ended in 2017. It was good for a couple of years, but it ended up with both you and her descending into drug use, and you being charged for seriously assaulting her.[4]

[4]The sentencing remarks of his Honour Judge Mullaly set out the violent and menacing offending that came after that relationship.

38You are now in a relationship with Amy Coombes. You went to high school together and have embarked on a romantic relationship in the last year.

39You speak daily on the phone, and she visits regularly.  She is a swimming teacher for the local shire and teaches across a number of sites.  You propose to live with her in Waterford Park once released.

40She attended court when your trial was listed.

41She is a new person in your life, apparently unconnected with criminality or antisocial behaviour. She was willing to have you live with her when you applied for bail, and I am told that that willingness still persists.

42I was informed that she has suffered poor health in recent times, providing some impetus for you to spend time with her, as opposed to involving yourself in the pursuit of criminal activities. It is my very strong hope that she provides stability and acts as a protective factor for you.

Alcohol and substances

43Despite starting early with drinking, it did not have a serious effect on your life until about year 9, when you were known to turn up at school with a bottle in your backpack.

44Your consumption of alcohol rose to 12 cans of bourbon and coke a day by 2010, when you gave it up.

45You have smoked cannabis regularly throughout your life and used stimulants sporadically.  I am told your intention is to remain off alcohol and stimulants when you return to the community.

46There have been times in your life when you have stopped methylamphetamine 'cold turkey' with the help of your employer.  You continue to have support from him as I said and wanted to engage with Nexus if you were bailed to address relapse prevention.  I take it that desire to engage with that service persists even though it is no longer a question of being bailed or remand.

47You have a history with Nexus because they were the agency that you engaged with whilst on parole after serving the custodial portion of your last sentence.

48That parole was punctuated by a recall to prison and cancellation of your parole in 2022, not long after Samantha’s stepson was murdered.  You didn’t cope with this and the suicide of a close friend and fell back into the use of substances that appeared in urinalysis.

Prior criminal history

49You admit a significant number of prior convictions between 2004 and now.

50You have prior convictions for dishonesty, driving offences (and driving beyond the prescribed concentration of alcohol), assault, assault with a weapon, behave in a riotous manner, recklessly causing injury, criminal damage, breach family violence orders, aggravated burglary, assault, threats to kill and attempt to pervert the course of justice.

51You have been imprisoned in 2011, 2014 and again in 2018. You have breached community based orders, suspended sentences, failed to answer bail, ignored licence conditions mandating you do not drive and interlock conditions, multiple times.  You have failed to answer bail something in the region of 20 times in your life.

52As per the chronology that I referred to earlier, in 2018 you pleaded guilty to aggravated burglary (person present), attempt to pervert the course of justice, assault, breach bail, threats to kill, criminal damage, breach family violence intervention order and drive disqualified amongst others.

53These offences involved violent, menacing offences against your then partner and threats of severe consequences to her if she reported it to police.  You breached orders of family violence, bail and CCOs.  You were sentenced to five years' imprisonment with a non-parole period of two years and months. You were sentenced as a serious violent offender within the meaning of the Sentencing Act 1991. You had already served 277 days of presentence detention. You were paroled in December 2021 but reclaimed by the Adult Parole Board in July the following year as your life fell apart in the aftermath of the death of those people close to you, as I just mentioned. That head sentence expired in October 2022.

54Having been out for a number of months, you were charged with extortion and remanded in custody from June until August 2023.  You were on bail for that matter (that ended up not proceeding) when the present offences were committed.

55I am told that by that time, you still had not coped with the deaths I referred to earlier. Your breach of bail adds to a long history of failure to comply with court orders. The fact that you committed the present offences on bail accentuates their seriousness.  I will impose a short, concurrent sentence for this offence so as to not doubly punish you for that fact.

56Most of your remand has been spent at Port Phillip Prison, with a short stay at Ravenhall, before being moved to Marngoneet in May 2025. You have done certificates and courses in your prior sentence, and do not need any further training or qualifications for what you want to do when you are back in the community.

57I mut say I was troubled by your fairly open communication with members of the Finks Outlaw Motorcycle Gang when you were in prison, which was disclosed during the bail application when the contents of the ARUNTA calls were disclosed. I am told that you propose to have nothing to do with them upon release. If you were to involve yourself with them, I would regard your relapse into criminality as almost inevitable. You ought not be so naïve to think that police will have forgotten about you upon your release. You would be well advised to mind the company that you keep.

MATTERS OF SENTENCING PRINCIPLE

58The matters of sentencing principles that apply are as follows (and I adopt the useful analysis provided by Mr Miller.

Theft of motor vehicle

59You fall to be sentenced on the basis of exercising the rights of the owner on 2 November 2023. It is no longer alleged that you were involved in the violent incident in which the vehicle was stolen from Mr Ignatiadis the day before. The court in Chamma[5] said this about theft of motor vehicle:

The objective gravity of any theft needs to be considered by reference to what was taken (including its value), from whom it was taken, and all other relevant surrounding circumstances, including the purpose for which it was taken. It simply does not follow that because the theft concerned a motor vehicle, then necessarily the theft is in some lower category of the offence.

[5]Chamma v the Queen [2020] VSCA 232 at [71]

60And to his credit, Mr Miller did not argue that theft of a motor vehicle is a lesser offence than theft of other types of property.  But it can be said that the value of a 2004 SS Ute with automatic transmission was modest. The Red Book values that model between $3,900 and $9,100[6] and the car was able to be returned to the owner.

[6]See red book extract – Exhibit 3 Red Book value 2004 Holden Ute SS VZ Auto as at 25 June 2025

Handle stolen goods

61You fall to be sentenced on the basis that the car was stolen, and you had no legal right to possess the things that were in it that were not yours

62The jewellery had an unknown value and was able to be returned to the owner within days of it being taken.

63The Toyota key has an unknown value. It would usually be of nuisance value losing a key, that would involve the time taken to replace it, but in this case, it would appear that it is to be a spare key, as the complainant says that he drove the vehicle to which it belongs after the key was taken. The key was able to be returned to the owner.

64I am minded, as I said, to impose an aggregate sentence under s.9 of the Sentencing Act 1991 for the theft of a motor vehicle and handling stolen goods offences.

Prohibited person in possession of a firearm

65This offence is different from many other examples of offences of this type.

66The conduct of a prohibited person in possession of an unregistered firearm may be placed into one of two broad categories of seriousness: [7]

a)The first category of those is where the conclusion is not open that the possession of the firearm is associated with some ongoing criminal activity. Sentences of a low order of imprisonment are usually appropriate unless the previous criminal activity of the offender warrants a more substantial sentence, proportionate to the gravity of the offence.

b)The second category of cases are those where the evidence enables the conclusion that the possession is for the purpose of criminal activity or a specific criminal purpose, more severe sentences are then usually in order. Such sentences will be appropriate where the firearm is, for example, possessed in the context of a criminal activity to provide security or as a means of enforcement. The prior convictions of the offender in conjunction with circumstantial evidence may also enable the conclusion to be drawn that the possession is for some unlawful activity.

[7]Berichon v The Queen [2013] VSCA 319; Houssein v The Queen [2013] VSCA 319 at [26]

67In your interview,[8] you said that you found the gun under the boot lid, having not been aware it was in the car until you found it. You disassembled it and put it in a bag that was found in the front seat of the Ute. The barrel was found inside the Airbnb.

[8]ROI Q57-63

68The weapon in question was a shotgun with a full-length barrel. It was not a weapon that could be concealed and wielded in a convenient way. Nor is there any evidence as to whether it was operational or not. There is certainly no evidence it was brandished or ‘used’ in any way by you, and it is not suggested that the drugs that were found in your possession were for anything other than personal use. It cannot be said that there are surrounding circumstances that would enable the conclusion to be drawn that there was an ongoing criminal enterprise contemplated.

69This offence though carries a maximum penalty of 10 years' imprisonment, and it is clearly the most serious of the offences that you have pleaded to.

70The gravity of prohibited person possess firearms offences reflects the purposes of the Firearms Act to ensure public safety and peace. The offence is designed to keep firearms out of the hands of people who cannot meet approved community standards of behaviour, such as those like you with a prior criminal history, those who are subject to intervention orders, or those who operate in criminal enterprises. The criminal history of an offender and whether they are known to operate in criminal circles is particularly relevant to assessing the gravity of prohibited persons possess firearms offence. Where an offender has no prior firearm convictions or history of violence and is a prohibited person for unrelated, minor offending (e.g. such as a previous intervention order), the firearm possession may be viewed less seriously.

71General deterrence is a paramount consideration for such offences.  Specific deterrence might be relevant where the offender has prior relevant convictions.  Where an offence is particularly aggravated due to the number and/or nature of the firearms involved, denunciation, punishment, and community protection will also be relevant.

72You have a prior history of violence, although you have no prior firearm convictions.  You are a person, mind you, who is prohibited from possessing a gun for a very good reason. I have to have regard to this in the way the weapon came into your possession and other matters regarding its capability of use, but the way in which it did come to you was a result of your propensity to take or acquire things that you know full well did not belong to you.

73I have had regard to the case collection[9] and statistical data.[10] Terms of imprisonment of years plural are routinely imposed for offences of this kind.  The median sentence is 18 months' imprisonment.  No truly comparable case could be found. Often offences of this kind involve other criminality, or the use of the weapon, or involve offenders with a history involving firearms or multiple firearms being possessed. Sometimes all of these factors are at play. In this case, none of them are, which in part explains the course I am taking.

[9]JCV at chapter 12, covering sentences involving firearms from both the Court of Appeal from 2020 to present and the County Court from 1 January 2016 to 31 March 2023

[10]Exhibit 2 - Sac Stat – 1 July 2018 – 30 June 2023

Drug offences

74It is not suggested that the drugs in your possession were for anything other than personal use, which colours the way I treat the firearms charge, as well as the drug offences themselves. Such use of multiple substances is entirely consistent with your history.  Each has a one-year maximum penalty.

75I am minded, as I said, to impose an aggregate sentence for these offences too.[11]

[11]Sentencing Act 1991 S.9 (1) If an offender is convicted by a court of two or more offences which are founded on the same facts, or form, or are part of, a series of offences of the same or a similar character, the court may impose an aggregate sentence of imprisonment in respect of those offences in place of a separate sentence of imprisonment in respect of all or any two or more of them.

Plea of guilty

76You have pleaded guilty to the drugs and weapons indictment at a comparatively early stage. Your plea of guilty to the offences relating to the stolen car came later, but in the context of you being charged with many more serious offences, and the complainant’s profound lack of co-operation.

77You are entitled to the utilitarian benefits that flow from a plea of guilty. The saving of court time and resources is important. I was not urged to find that this plea was accompanied by remorse beyond that which I can detect perhaps from the plea itself.

Delay

78There has been a delay in finalising this matter and that is not really of your doing. You have been in custody for a significant period of time, with your fate unclear for almost all of that time because of the vacillating attitude and the evidence of the complainant. You were initially facing trial for offences of the highest order of seriousness. I take into account this near constant state of uncertainty in your favour.

Punishment, deterrence and denunciation

79They are all clearly relevant sentencing matters. No one suggested otherwise. That you will be required to serve a term of imprisonment for these offences was beyond argument. Whether or not that term involved parole or other type of supervisory component was a different question

Prospects for reform, specific deterrence and community protection

80You have thus far appeared to be very difficult to deter, Mr Candy.  You do not have youth on your side.  You have already lost a good part of your 30s to prison. I am cautious, to say the least, about your prospects.

81By you have been sober for close to two years and one would hope that this is a foundation upon which to rebuild a life.

82Upon release, you can live with Amy Coombes in Waterford Park, and as I said this is a new feature of your life. Your parents live not too far away.

83You have an offer to work in removals work in Broadford at a company that you have worked for in the past. The proprietor, Jason Richards, is able to pick you up from Waterford Park to take you to work.

84In order to address any relapse risk into substance abuse, Nexus Primary Health in Broadford does offer a service that you are well familiar with and have, I'm told, a very positive history and interaction with. I implore you to take a sensible, preventative approach to your own reform and contact them.

85You have a prior history with poor compliance with orders. One can understand my reluctance to allow you to be released into the community unsupervised. The desirability for having you the subject of a supervisory order on release though, does not come with a licence to impose a term of imprisonment beyond that which the criminality at hand demands. I have had regard to the principle of parsimony in this case.

86I am persuaded to give you a straight sentence because there is sufficient material there to permit me to take perhaps a more optimistic view of your prospects than one might have done two years ago. That the Crown does not oppose such a course is instructive.

Totality

87I am mindful of the significance in this case of the application of the principle that requires me, when sentencing you for multiple offences, to ensure that the aggregate term of imprisonment I impose is a just and appropriate measure of the total criminality involved.  There must be an appropriate relativity between the totality of all criminality and the total effective sentence and that is true when I consider the interaction between the charges on each indictment and, for that matter, between indictments.

SENTENCING SUBMISIONS

88In real terms, Mr Miller submitted that time served is sufficient to serve all sentencing purposes.

89Section 11(1)(b) Sentencing Act says that a court must fix a non-parole period where the term is two years or more and s11(2) allows the court to fix a non-parole period for sentences between 12 and 24 months but does not mandate that be the case.

90You have served 603 days, which is in the region of 19 months and 24 days.

SENTENCE IMPOSED

91The sentence I impose is 20 months, specified or articulated as follows.

92On Charge 1 on indictment P12317295.2, you will be sentenced to six months' imprisonment, but that is an aggregate sentence, aggregated with that criminality represented in Charges 2 and 3.

93Indictment P12317295.2 (the theft and handle stolen goods matter)

#	Charge & provision	Max	Sentence	Orders For cumulation on base and other sentences
1	TOMV 2 Nov 2023 Black Holden Commodore Utility belonging to Jake IGNATIADIS s.74 Crimes Act 1958	10 years imprisonment	6 months * as part of aggregate with 2 and 3	2months
2	HSG 2 Nov 2023 Jewellery s.88 Crimes Act 1958	15 years imprisonment	*
3.	HSG 2 Nov 2023 Jewellery s.88 Crimes Act 1958	10 years imprisonment	*

94So for indictment P12317295.2 (the theft and handle stolen goods matter), you are sentenced to an aggregate term of six months' imprisonment.

95On the second indictment P12317295.A (the drugs and firearm matter), you are sentenced as follows.

96Indictment P12317295.A  (the drugs and firearm matter)

#	Charge	Max	Sentence	Orders For cumulation on base and other sentences
1	Possess Cocaine 2 November 2023   s.73(1) DPCSA 1981	1 year imprisonment	3 months * as part of aggregate with 2,3, 5 and 6	1m
2	Possess GHB 2 November 2023 s.73(1) DPCSA 1981	1 year imprisonment	*
3	Possess Buprenorphine 2 November 2023 s.73(1) DPCSA 1981	1 year imprisonment	*
4	Prohibited person possess firearm 2 November 2023 s. 5(1) Firearms Act 1996	10 years	17 months Base
5	Possess methylamphetamine 2 November 2023 s.73(1) DPCSA 1981	1 year imprisonment	*
6	Possess Steroids 2 November 2023 s.73(1) DPCSA 1981	1 year imprisonment	*

97That is to say, with respect to all of the drug offences, you are sentenced to three months' imprisonment as an aggregate.

98But on Charge 4, the prohibited person possess firearms, you are sentenced to a base sentence of 17 months' imprisonment.

99RSO

#	Charge & provision	Max	Sentence	Orders For cumulation on base and other sentences
4	Commit offence on bail s.30B Bail Act 1997	3 months	1 month	Concurrent

100With respect to the related summary offence, breach bail, commit offence on bail, you are sentenced to one month's imprisonment.

101I make no orders as to cumulation for that offence.  But the orders for cumulation between offences and between indictments are as follows.

102Charge 4 is obviously base.  That starts at 17 months.  I order one month of the three months' aggregate on the P12317295.2 indictment, that is the drugs and firearm indictment, and two months of the six months' aggregate imposed on the theft and handle stolen goods indictment, P12317295.A, be cumulative upon the base and each other.  In that way, the total effective sentence I intend to impose is one of 20 months' imprisonment.

103I declare 603 days reckoned as having already been served with respect to that sentence.   That means you will be released within a week, if my maths is correct.

ANCILLARY ORDERS

104A forfeiture order will be made in relation to the theft of motor vehicle, handling stolen goods, possession of drugs and prohibited person possess firearm.  

105A disposal order will be made in relation to the charges as well.

106Licence disqualification is mandatory for the offence of theft of motor vehicle (Charge 1 on indictment P12317295.2). Pursuant to s89(4) Sentencing Act 1991, a three month period applies if the court does not specify a period under s89(5) Sentencing Act 1991.

107I will cancel your licence and suspend you from driving for a period of six months from today. I have taken into account your desire (but not burning need) for it for work, as well as your lamentable driving history in doing so. [12]

[12]I have had regard to the principles in R v Novakovic(2007) 17 VR 21, and Koukoulis v The Queen [2020] VSCA 19, when arriving at this period.

108I am required to tell you what sentence you would have received had you not pleaded guilty.  Had you not pleaded guilty to these offences and were found guilty at trial, I would have sentenced you to three years' imprisonment with a non-parole period of two years.

109Okay.  Mr Candy, this is an opportunity for you to seize what might be left of your future.  I suggest you use the time that you have available to you wisely.  Can I thank counsel for their considerable efforts. 

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