Director of Public Prosecutions v Constantinou
[2022] VSC 513
•12 September 2022
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2021 0024
S ECR 2021 0158
| DIRECTOR OF PUBLIC PROSECUTIONS | Crown |
| v | |
| PHILLIP CONSTANTINOU | Accused |
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JUDGE: | LASRY J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 11 July 2022 |
DATE OF SENTENCE: | 12 September 2022 |
CASE MAY BE CITED AS: | DPP v Constantinou |
MEDIUM NEUTRAL CITATION: | [2022] VSC 513 |
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CRIMINAL LAW — Sentence — Trial on charge of attempted murder — Accused shot victim in the head through car window — Victim sustained life-threatening brain injury — Large number of other indictable and summary offences to which accused pleaded guilty – Firearms — Trafficking in commercial quantity of drugs — Theft of motor vehicle — Traffic offences — Relevant criminal priors — Primacy of general and specific deterrence, denunciation, just punishment and community protection — Sentenced to 18 years’ imprisonment with a non-parole period of 15 years — Sentencing Act 1991 s 5.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J Dickie with Ms K Churchill | Office of Public Prosecutions |
| For the Accused | Mr A Patton | Sarah Pratt & Associates |
HIS HONOUR:
Introduction
Phillip Constantinou, you are to be sentenced in relation to two separate indictments filed in this Court: L10703282A and L10703282B.1. For the purpose of sentencing you, I will refer to the former as the “trial indictment” and the latter as the “plea indictment”.
The trial indictment
On 11 May 2022, following a trial in this court, you were found guilty by the jury of one count of attempted murder of Kevin Passinise on 7 March 2020 at Narre Warren South. The trial indictment also contained alternative charges, but they were made redundant by the guilty verdict on the primary charge of attempted murder.
The plea indictment and related summary offences
In addition to that matter, you had also been charged with a variety of other offences, some of which were connected with the events that occurred on 7 March 2020 when the attempted murder occurred. Others occurred prior to that, and some arose from your later arrest by police on 19 March 2020.
These charges included the following indictable offences:
(a) on 9 February 2020: one count of being a prohibited person in possession of a firearm0F[1] and one count of possession of a drug of dependence;1F[2]
(b) on 7 March 2020: one count of trafficking in a drug of dependence in a commercial quantity2F[3] and one count of prohibited person using a firearm;3F[4]
(c) on 19 March 2020: one count of theft of a motor vehicle,4F[5] one count of trafficking in a drug of dependence5F[6] and one count of possession of a drug of dependence.6F[7]
[1]Plea indictment charge 1.
[2]Ibid, charge 2.
[3]Ibid, charge 3.
[4]Ibid, charge 4.
[5]Ibid, charge 5.
[6]Ibid, charge 6.
[7]Ibid, charge 7.
You were also charged with are a number of summary offences related to the plea indictment:
(a) on 9 February 2020: one charge of driving whilst your authorisation was suspended7F[8], one charge of fraudulent use of number plates,8F[9] one charge of possession of ammunition without authorisation9F[10] and one charge of unauthorised possession of poisons;10F[11]
(b) on 7 March 2020: one count of driving whilst disqualified;11F[12]
(c) on 19 March 2020: one charge of unlawfully possessing cartridge ammunition12F[13] and one charge of dealing with suspected proceeds of crime.13F[14]
[8]Summary charge 6 on the Crown’s Notice of Related Summary Offences (‘NRSO’) filed on 28 June 2021.
[9]Ibid, summary charge 7.
[10]Ibid, summary charge 12.
[11]Ibid, summary charge 13.
[12]Ibid, summary charge 6.
[13]Ibid, summary charge 5.
[14]Ibid, summary charge 20.
Procedural history
You were arrested by police on 19 March 2020 and have remained in custody since then.
On 11 November 2021 you pleaded guilty to and were arraigned on the offences in the plea indictment.
Your trial on the charge of attempted murder was conducted between 2 and 11 May 2022. As I mentioned earlier, the jury returned a verdict of guilty on 11 May 2022.
On 11 July 2022, I heard a prosecution opening in relation to the matters apart from the charge of attempted murder, as well as submissions on your behalf as to the sentences that should be imposed across all the matters for which you are to be dealt with. I also heard further submissions on behalf of the prosecution on the question of sentence and received victim impact statements.
For the purpose of sentencing you, all of these matters are to be dealt with together.
I will now outline the maximum penalties for the offences.
Maximum penalties
Indictable offences
The maximum penalty for attempted murder is 25 years.14F[15]
[15]Crimes Act 1958 (Vic) s 321P(1A).
As to the other indictable offences contained in the plea indictment, the maximum penalty for a prohibited person possessing a firearm is 10 years’ imprisonment.15F[16] The maximum penalty for possessing a drug of dependence (methandienone), is one year imprisonment.16F[17] The maximum penalty for trafficking in a commercial quantity of a drug of dependence (methylamphetamine) is 25 years’ imprisonment.17F[18] The maximum penalty for a prohibited person using a firearm is 10 years’ imprisonment.18F[19] The maximum penalty for theft, being in this case a motor vehicle, is 10 years’ imprisonment.19F[20] The maximum penalty for trafficking a drug of dependence (methylamphetamine) is 15 years and the maximum penalty for possessing a drug of dependence (oxymetholone) is one year imprisonment.20F[21]
Summary offences
[16]Firearms Act 1996 (Vic) s 5(1).
[17]Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 73(1)(b).
[18]Ibid s 71AA(1).
[19]Firearms Act (n 16).
[20]Crimes Act (n 15) s 74(1).
[21]Drugs, Poisons and Controlled Substances Act (n 17).
In relation to the summary matters, possessing cartridge ammunition has a maximum penalty of 40 penalty units;21F[22] driving whilst licence suspended has a maximum penalty of two years’ imprisonment or 240 penalty units;22F[23] fraudulently using a registration label has a maximum penalty of two months or 10 penalty units;23F[24] possessing cartridge ammunition has a maximum penalty of 40 penalty units;24F[25] possessing a poison (Sildenafil and Somatropin) has a maximum penalty of 10 penalty units;25F[26] and dealing with suspected proceeds of crime has a maximum penalty of two years.26F[27]
[22]Firearms Act (n 16) s 124(1).
[23]Road Safety Act 1986 (Vic) s 30(1).
[24]Ibid s 72(1).
[25]Firearms Act (n 16) s 124(1).
[26]Drugs, Poisons and Controlled Substances Act (n 17) s 36B(2).
[27]Crimes Act (n 15) s 195.
Circumstances of offending
I will now describe the circumstances of your offending for all of the offences that you pleaded guilty to or were found guilty of and I will do so in chronological order. I will commence with the events of 9 February 2020.
9 February 2020
Late on the evening of Sunday, 9 February 2020, police officers observed you driving a silver Holden utility in Shrives Road Narre Warren South near the home of Ms Waenga, a woman with whom you were in as relationship of sorts. The vehicle was bearing fraudulent or stolen number plates. You abandoned the it, leaving the keys in the ignition. Various items were located by police when the vehicle was searched including two firearms, both of which were loaded. Both firearms had been used and the second of them had been stolen on 25 January 2018 during a burglary. You are a prohibited person27F[28] under the Firearms Act 1996 (plea indictment charge 1).
[28]See definition of “prohibited person” in Firearms Act (n 16) s 3(a)(v).
During the police search of the utility a variety of ammunition was found in the tray of the vehicle. You did not hold any licence to permit the possession of such ammunition (summary charge 12).
Under the driver’s seat of the utility was found 3.5 grams of the drug of dependence methandienone and an anabolic steroid (plea indictment charge 2).
Police also found a packet of Viagra containing eight tablets and 10 vials of Novotropin (summary charge 13).
7 March 2020
I will now deal with the events of 7 March 2020, which includes the attempted murder of Mr Passinise.
For almost a year prior to the shooting of Mr Passanise you were in an intimate relationship with Kiriana Waenga. She was 21 years of age, and you were 32 years of age at the time. This relationship had its difficulties, many of which were connected with your concerns that Ms Waenga was in contact with other men. In February and March of 2020, Ms Waenga lived at 75 Shrives Road, Narre Warren South and on occasions you stayed at that address.
On 7 March 2020 you went to Ms Waenga’s residence where you left drugs in a zip lock bag on an ottoman under the television. This bag contained 488.1 grams of methylamphetamine which was 80% pure. The purity is therefore about 390.5 grams. The prescribed commercial quantity for that drug is 250 grams when mixed with another substance or 50 grams pure.28F[29] The drugs were processed for sale (plea indictment 3charge).
[29]Drugs, Poisons and Controlled Substances Act (n 17) Schedule 11, Part 3.
In relation to the attempted murder charge, it became apparent during your trial that you suspected for some time that Ms Waenga was in a romantic relationship with a man named Ricky Newton. Mr Newton was known to drive a white Audi vehicle.
Kevin Passanise, who was then aged 25, had lived in Sydney for some time but had been visiting his parents’ in Endeavour Hills and was in Melbourne over the Labour Day long weekend, that included the 7 March 2020. Mr Passanise had been friendly with Ms Waenga. He also drove a white Audi, but it had New South Wales registration plates. You and Passanise did not know each other.
You were concerned and angry because of your suspicion that Waenga was seeing other men, including Newton, and you were verbally abusive towards her and expressed a hatred of Newton.
In relation to Newton, you had previously been involved in activities which were designed to enable you to confront him. On one occasion when you actually went to Shrives Road for that purpose, but he had already left the premises.
At the unusual time of about 2.37am on 7 March 2020, Mr Passanise sent a message to Ms Waenga. As a result of that message Ms Waenga told him that he could visit her at her address at 75 Shrives Road. Ms Waenga expressed concern that a man who she described as her ‘ex’ visits randomly to see if she is with men. Passanise decided that he would pick Waenga up in his car and that they would go for a drive, which occurred.
At about 4.15am you started calling Ms Waenga and sending her messages. Those seemed to be concerned with the fact that you expected her to wait for you at the Shrives Road property and that you were upset about her not being there. She told you that she would come home and talk to you. The Audi vehicle driven by Passanise returned to Ms Waenga’s property and, at her suggestion, they parked some distance away from her house, in the hope that a confrontation with you could be avoided. The vehicle was in fact about 150m east of 75 Shrives Road, in the driveway of 83 Shrives Road.
The CCTV from a nearby premises at Harold Keys Drive captured Passanise and Waenga returning in the vehicle, and shortly after that you approaching Mr Passanise’s white Audi vehicle from the direction of 75 Shrives Road. You were highly agitated. You had a gun in your hand, which I am told was a gun you routinely carried. A conversation was recorded by the CCTV between you and Waenga, which was in the following terms:
WAENGA: It’s my mate from New South Wales, yeah.
CONSTANTINOU: I don’t give a fuck who it is.
WAENGA: Phil, stop.
CONSTANTINOU: Inaudible.
WAENGA: Stop.
CONSTANTINOU: Turn the light on.
WAENGA: No, it’s not Ricky.
CONSTANTINOU: Turn the light on.
WAENGA: It’s not Ricky.
CONSTANTINOU: Turn the light on.
WAENGA: It’s not him.
CONSTANTINOU: Fuck him.
WAENGA:No. Phil. Phil, don’t, don’t, don’t don’t. Phil, don’t. Phil, stop.
By this point you were standing next to the closed driver’s window of the Audi and drew a .22 calibre firearm level with Passanise’s head. His head was facing you. You fired a single shot directly through the middle of the window and towards Passanise’s head, which hit him in the middle of his brow line. The bullet lodged in the back of his head. At your trial it was suggested the gun may have discharged accidentally when tapped on the window. The jury clearly rejected such an explanation.
Immediately after firing the shot, you walked away from the car towards Waenga and the following conversation was recorded between the two of you:
WAENGA: Phil, are you fucking kidding me, cunt, Phil?
CONSTANTINOU: Fucking dog.
WAENGA:Phil, what the fuck are you doing? What the fuck are you doing? What the fuck are you doing?
CONSTANTINOU: Who is this dog here?
WAENGA: You fucking kidding me, cunt.
CONSTANTINOU: This bloke
WAENGA: Are you fucking kidding me, cunt.
CONSTANTINOU: He’s all right though.
WAENGA: What the fuck.
Passanise managed to open the driver’s door and slumped to the ground next to his vehicle. There was concern by you and Waenga about whether he was alive or dead. The two of you then fled the scene, going to 75 Shrives Road and then you, Waenga and a friend of hers, Ms Joya, got into your Mercedes-Benz vehicle. Ms Joya saw you put the handgun into the driver’s door and then the vehicle drove off (summary charge 6).
After that happened, you instructed Waenga to call “000” and she did so. She reported an incident near her home, including describing a loud bang on the window of her friend’s car after someone came out of nowhere, and that her friend was now dazed, not moving and in pain. The call was recorded and played to the jury.
After this you drove around for about half an hour with the two women while yourself and Ms Waenga argued and yelled at each other.
In the meantime at the scene of the shooting, Mr Passanise had activated the horn of his Audi motor vehicle and yelled for help for some considerable time. He was later discovered by a passing motorist and sometime after that police officers arrived. Later, an ambulance also attended and Mr Passanise was taken to hospital.
Upon arrival at the Alfred Hospital Emergency and Trauma Centre, Mr Passanise was examined. Later, doctors undertook an emergency bifrontal craniectomy, an evacuation of a haematoma, cranialisation of his front sinus and insertion of a left frontal EBD and ICP monitor. Bullet fragments were removed. Mr Passanise remained in a coma and was intubated for the following weeks. That went on until 25 March 2020. Subsequently, he was transferred to a rehabilitation facility for daily physical and psychological treatment. The injuries that he has suffered as a result of your actions have imposed a terrible price on his life (attempted murder and plea indictment charge 4).
I regard this as a moment of gratuitous violence on your part which showed indifference to what you were being told by Waenga, although of course, even if it had have been Newton in the car there would be no justification of any kind for your actions. This a man you did not know but you simply cursed him and then fired.
19 March 2020
Sometime after 7 March 2020 you abandoned the Mercedes and on 19 March 2020 you were driving a white Audi vehicle again whilst your licence was suspended. That vehicle had been stolen on 15 March 2020 in Maribyrnong (plea indictment charge 5 and summary charge 6).
You were arrested on 19 March 2020 and inside the vehicle were various quantities of white crystals in plastic bags. These comprised methylamphetamine with a purity of between 81 and 83% together with the list of names and phone numbers and a set of scales, all consistent with trafficking in drugs. Also inside the vehicle was a quantity of oxymetholone which is an anabolic steroid. There was also a black bag on the rear passenger’s seat containing cartridge ammunition and $2,983.60 in cash (plea indictment charges 6 and 7 and summary charges 5 and 20).
This offending, lasting as it did over more than two months, does you no credit at all. It demonstrates you were a person without regard to the law or the safety of the community.
Victim impact statements – attempted murder
In relation to the attempted murder of Kevin Passanise, the Court received victim impact statements from George Passanise, the brother of Kevin Passanise; Graciela Passanise, the mother of Kevin Passanise; and Miguel Passanise, the father of Kevin Passanise.
These victim impact statements make it clear that by your actions you have not only completely altered the life of Kevin Passanise, but you have interrupted and distressed the lives of his brother and parents. The effect of your actions and the injuries that you inflicted on Kevin Passanise is to be felt by all of these people for the rest of their lives. In many respects it is impossible to move on from what has occurred because Kevin Passanise will require assistance and treatment for a very long time.
The impact of your actions on these victims is substantial. Their emotions and reactions are heartfelt. I have taken these victim impact statements into account in determining the sentence that should be imposed on you.
Pleas of guilty and conditions in custody during Covid-19
You have pleaded guilty to everything you have been charged with except the charge of attempted murder on which you stood trial. Those pleas are significant and carry a utilitarian value for which you are entitled to credit. The pleas were made at an early stage and prior to the case against you being finalised. Your counsel also asked me to give you some credit for your willingness to plead to an alternative charge to attempted murder. As I said to him in the course of argument, bearing in mind that you conducted the trial on the basis that the shooting was accidental, it is difficult to see how that credit could be given.
I also accept, as was argued by your counsel, that your time on remand has been made more onerous due to the restrictive conditions imposed on prisoners during the Covid-19 pandemic, including the inability to receive personal visits and the imposition of quarantine measures. Moreover, your plea is of greater utilitarian value in this context, as was discussed in Worboyes v The Queen.29F[30]
[30][2021] VSCA 169, [39].
Personal circumstances
You are aged 34 years and your family relationships appear to be stable. From the age of 21 years, you have spent seven years in custody and otherwise lived with your parents.
You had what was described by your counsel as an ‘unremarkable’ education history, with average academic performance and good relationships with other students and teachers.
After school you commenced a bakery apprenticeship and then changed to plumbing but did not complete either course. For a period of time, you worked in flooring and then started your own business in that area, although that failed as a result of going into custody and also because of your drug habit. You were apparently a talented soccer player, but at the age of 18 you suffered a serious knee injury which apparently destroyed any prospect of you playing football professionally.
In 2018, you apparently were diagnosed with post-traumatic stress disorder (‘PTSD’) by a psychiatrist and received counselling and medication. That apparently occurred in response to being shot at in 2013 and stabbed in 2014. The symptoms of your PTSD were exacerbated by your use of drugs. That in turn is why you say you carried firearms and used illicit substances.
Alcohol has not been a problem for you, but drugs have been, and you have used ecstasy and methylamphetamine over a lengthy period. You also have used GHB from time to time as well as buprenorphine. You would regard yourself as having a drug problem.
You have a criminal history between 2011 and 2016 which includes charges of use, possess and traffic a drug of dependence, dealing with suspected proceeds of crime, possessing a dangerous article in a public place, threatening to inflict serious injury, intentionally cause serious injury, recklessly cause serious injury, common assault, aggravated burglary, prohibited person in possession of a firearm and driving offences, as well as bail offences and contraventions of a suspended sentence and a community corrections order. These prior convictions are significant and relevant to this offending given their nature and required you to serve a term in custody in 2015. They indicate that, among other things, specific deterrence will be a significant sentencing factor.
Your counsel referred to a report authored by psychologist Sandra Cokorilo, that suggests that previous custody for a sentence imposed on you in 2014 has been difficult for you and has placed you at the risk of institutionalisation. You found transition back into the community after that sentence difficult.
Ms Cokorilo’s report, however, indicates that you have a stable and positive mental state and describes some symptoms consistent with depression in the absence of illicit drug use or other medical treatment. The psychologist also thought that specific interventions to address your anger problems may be warranted.
Documents produced on your behalf during the hearing of the plea indicate that in custody you have undertaken several courses including a Psycho-Educational Substance Use Program, a course relating to a specialised cleaning short course and a two hour peer led support program. There are eight separate urine analyses for the purpose of screening for drugs and all were negative. There are a number of people who provided written references and supported the positive sides of your character.
Consideration and conclusion
Your trial on the charge of attempted murder was conducted on the basis that the prosecution could not prove that you shot Mr Passinise intentionally and also on the basis that you did not have an intention to kill him. It was effectively claimed on your behalf that the incident which resulted in the shooting of Mr Passinise was an accident and that the gun discharged without you meaning for that to happen and not with you intending to kill. Obviously, by their verdict, the jury rejected both of those defences. I must therefore sentence you on the basis that you fired deliberately and that you did so with an intention to kill.
Mr Patton, on your behalf, submitted that this offending was spontaneous, which may be true to a degree. However, you armed yourself with a firearm and walked some distance to where Passinise and Waenga were sitting in his vehicle. That occurred in circumstances where you already had significant hostility towards Newton.
The result is that your conduct is to be seen as an uninhibited infliction of near-fatal violence on a person who was unknown to you and was not the person you thought he was. You were told by Waenga that Passinise was not Newton although even if he had been, nothing justified your conduct. Your attitude was one of disinterest in who he was, beyond him being a male who was in a car with Waenga and you were ready to kill him.
You offered no assistance after the shooting, although it is true, and I accept, that you urged Ms Waenga to ring “000”.
In relation to the drug charges, your counsel submitted they occurred in the context of your escalating drug use and your inability to otherwise fund it. In terms of the firearms, Mr Patton acknowledged that possession of firearms in connection with drug activity is an aggravating feature of the possession. He argued they were low calibre, low velocity firearms that had not been shortened or modified. However, it remains true that possession of firearms in the context of significant drug trafficking is a very serious matter.
This is a case where denunciation, punishment and community protection are significant sentencing factors, as well as general and specific deterrence. The violence of the attack on Mr Passinise and the persistence of your drug and firearm offending is concerning particularly given your prior criminal history. Your prospects of rehabilitation may be reasonable but will require you to avoid drugs altogether.
As I have already said, the effect on Mr Passinise were dramatic. Although you did ask that the emergency 000 number be called you, of course, did nothing at the scene to assist him. You fled, thinking only of yourself.
Your other offending which I have described is also serious, particularly the common thread of high level drug trafficking and firearms.
Sentence
In my view, the appropriate sentence to be imposed on you for the offence of attempted murder is a sentence of 16 years’ imprisonment.
As to the offences on the plea indictment, I sentence you as follows:
(a) on charge 1, being a charge of being a prohibited person possessing a firearm on 9 February 2020, you will be sentenced to be imprisoned for 18 months;
(b) on charge 2, being a charge of possession of a drug of dependence on the same date, you will be sentenced to be imprisoned for one month;
(c) on charge 3, being a charge that on 7 March 2020 you trafficked in a commercial quantity of a drug of dependence, namely methylamphetamine, you will be sentenced to be imprisoned for four years;
(d) on charge 4, being a charge that on 7 March 2020, you were a prohibited person and used a firearm, you will be convicted and discharged;
(e) on charge 5, being a charge that on 19 March 2020 you stole an Audi motor vehicle, you will be sentenced to be imprisoned for one year;
(f) on charge 6, being a charge that on 19 March 2020 you trafficked in a drug of dependence, namely methylamphetamine, you will be sentenced to be imprisoned for 18 months;
(g) on charge 7, being a charge that you possessed a drug of dependence, namely oxymetholone, you will be sentenced to be imprisoned for one month.
As to the summary offences, I sentence you as follows:
(a) on summary charge 5 you will be convicted and fined $2,000.00;
(b) on summary charge 6 you will be sentenced to be imprisoned for one month;
(c) on summary charge 7 you will be convicted and discharged;
(d) on summary charge 12 you will be convicted and fined $900.00;
(e) on summary charge 13 you will be convicted and discharged; and
(f) on summary charge 20 you will be sentenced to be imprisoned for three months.
The base sentence will be the sentence imposed on the charge of attempted murder. I direct that two months of the sentence on the plea indictment charge 1; 18 months of the sentence on plea indictment charge 3; two months of the sentence on plea indictment charge 5; and two months of the sentence on plea indictment charge 6 be served cumulatively upon the sentence on the charge of attempted murder. I particularly note that charge 4 on the plea indictment is part of the actus reus of the charge of attempted murder and it is not appropriate to punish you separately for using a firearm. None of the sentences on the summary charges will be cumulative upon the base sentence.
The result is that you will serve a total effective sentence of 18 years’ imprisonment. I direct that you serve a minimum period of 15 years before being eligible to apply for parole.30F[31]
[31]Per Sentencing Act 1991 (Vic) s 11 (1)(b).
I declare that your pre-sentence detention is 907 days, not including this day, and I direct that period be reckoned as time already served pursuant to s 18 of the Sentencing Act 1991.
I assume I am required to make a declaration under s 6AAA of the Sentencing Act in relation to the matters to which you have pleaded guilty. Bearing in mind that those sentences are incorporated into a sentence for an offence for which you stood trial, such an exercise is entirely artificial. However, if you had pleaded not guilty to the plea indictment and stood trial on those matters alone and been found guilty I would have sentenced you to a total effective term of six years imprisonment with a minimum term of four years before you became eligible to apply for parole.
As to the summary offences, if you had not pleaded guilty to those offences I would have sentenced you to be imprisoned for a total effective sentence of 18 months.
Ancillary orders
On the charges of theft of a motor vehicle and driving whilst suspended I order that any licence you hold to drive a motor vehicle be cancelled and that you be disqualified from obtaining a licence for a period of two years.31F[32]
[32]Sentencing Act (n 30) s 89(4); Road Safety Act (n 23) s 28(1)(b).
In respect of offences on the plea indictment, I will make the following forfeiture and disposal orders sought, noting that you do not object to the making of these orders:
(a) In respect of charge 3, trafficking in a drug of dependence (commercial quantity), a disposal order pursuant to section 78(1), as well as a forfeiture order of the tainted property pursuant to section 33(1) of the Confiscation Act 1997 (Vic);
(b) In respect of charge 1, prohibited person possess a firearm and charge 4, prohibited person use a firearm, a forfeiture order pursuant to section 151(1) of the Firearms Act 1996 (Vic).
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