Director of Public Prosecutions v Cummins

[2024] VCC 2124

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

 Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR 22-02243

CR 22-02273

CR 22-02272

DIRECTOR OF PUBLIC PROSECUTIONS (CTH)

v

THOMAS CUMMINS

CALLAN BRILLIANT

NATHAN FENTON

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JUDGE:	HIS HONOUR JUDGE MOGLIA
WHERE HELD:	Melbourne
DATE OF HEARING:	3 December 2024
DATE OF SENTENCE:	11 December 2024
CASE MAY BE CITED AS:	DPP v Cummins & Ors
MEDIUM NEUTRAL CITATION:	[2024] VCC 2124

REASONS FOR SENTENCE

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Subject:  Criminal law - sentencing

Catchwords:  Guilty plea – trafficking commercial quantity of   methylamphetamine – trafficking methylamphetamine –   reasonably sophisticated offending – high level of moral

culpability – drug addiction – remorse – significant

rehabilitation – specific deterrence – community protection

delay – reasonably good prospects of rehabilitation

Legislation Cited:                   Sentencing Act 1991 (Vic)

Cases Cited:Verdins v R (2007) 16 VR 269; Muldrock v The Queen [2011] 244 CLR 120; Akoka v The Queen [2017] VSCA 214

Sentence:Cummins: Total effective sentence 5 years; non-parole period 3 years; 163 days reckoned as already served; s 6AAA: 7 years; non-parole period 5 years

Brilliant: Total effective sentence (State) 2 years 10 months; non-parole period (State) 22 months; 556 days reckoned as already served; Commonwealth sentence on Charge 5 is to commence 7 months prior to the expiry of non-parole period; s 6AAA: 3 years 9 months; non-parole period 2 years 6 months

Fenton: Total effective sentence (State) 1 year 11 months; non-parole period (State) 14 months; 108 days reckoned as already served; Commonwealth sentence on Charge 2 to commence 9 months prior to the completion of non-parole period; s 6AAA: 3 years 4 months; non-parole period 2 years 1 month

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions (Cth)	M. Fisher	Office of Public Prosecutions
For Accused Cummins	B. Nibbs	Valos Black Lawyers
For Accused Brilliant	P. Bloemen	Papa Hughes Lawyers
For Accused Fenton	W. Barker	Stephen Andrianakis and Associates

HIS HONOUR: 

1Thomas Cummins, you have pleaded guilty to trafficking a commercial quantity of methylamphetamine; negligently dealing with proceeds of crime namely $24,110; and negligently dealing with proceeds of crime consisting of a number of tools and electrical devices, all occurring on 22 February 2022.

2Callan Brilliant, you have pleaded guilty to trafficking (simpliciter) methylamphetamine between 2 and 22 February 2022; and theft, as well as two charges of handling stolen goods and possessing counterfeit money on 22 February 2022.  You have also pleaded guilty to, possessing a prohibited weapon, namely, body armour (summary charge 7); -failing to comply with a direction to provide information in relation to phone codes (summary charge 8); and dealing with $1,525 reasonably suspected to be proceeds of crime (summary charge 16).

3Nathan Fenton, you have pleaded guilty to trafficking (simpliciter) methylamphetamine; and possessing $29,300 in counterfeit Australian notes both on or about 22 February 2022.  You have also pleaded guilty to summary Charges involving failing to comply with a direction to provide information (summary charge 4); and dealing with assorted electronic equipment and vehicle keys and $2,100 cash reasonably suspected to be proceeds of crime (summary charge 7).

Offending

4The agreed basis for your guilty pleas are set out in the Revised Summary of Prosecution Opening dated 27 September 2024.  In summary, the three of you lived together at the time at a house in Greenvale, where on 22 February 2022 police executed a search warrant. 

5Upon entry police found you, Mr Cummins, in the lounge room near a large plastic bags containing 703.5 grams of methylamphetamine, 48.3 grams in a drawer of a table, 27.8 grams in a kitchen cupboard, 0.7 gram on the coffee table, and 2.5 grams in your bedroom, in relation to which the prosecutor alleges and you accept you knew was a high end commercial quantity (Charge 1).

6Police found bundles of cash in your bedroom including in your wallet under the bed, and, near you in the lounge room other cash, all totalling
$24,110 (Charge 2).

7They also found in the lounge room near you, an emulator, that is a device used to reprogram car keys and numerous car key fobs.  Those, along with a number of other electronic items, tools and other goods later found in a National Storage unit you used in Tullamarine, were proceeds of crime and you possessed them being negligent as to whether they were (Charge 3).

8You, Mr Brilliant, were in bed when police entered the house.  As well as the methylamphetamine found in the lounge room, police found 4.3 grams in your vehicle, and that you had sold 2.9 grams to Taylor McGrath between
2 and 22 February 2022.  The prosecutor alleges and you accept, that you were involved knowingly in trafficking a moderate amount, that is between 125-175 grams of the methylamphetamine found in the house (Charge 1).

9During a later search of your National Storage unit in Tullamarine, police found a motorcycle and two helmets stolen from a single owner (Charge 2, theft); other items including a ballistic vest, a digital inverter, and registration plates that you knew to have been stolen (Charge 3).  There was also body armour, which is a prohibited weapon (summary Charge 7).

10You were also found to be in possession of a firearms licence and a probationary driver's licence in the names of other persons, police clothing, and numerous tools and power tools which you knew or believed were stolen (Charge 4).  You also had in your car at the house $1,800 in counterfeit Australian notes (Charge 5); and $1,525 cash reasonably suspected to be proceeds of crime (summary Charge 16).

11When police directed you to unlock the mobile phones in your possession, you refused to do so (summary Charge 8).

12Mr Fenton, you were moving around the house when police entered.  The prosecutor alleges, and you accept, knowingly trafficking the same or similar amount as Mr Brilliant, namely 125-175g of methylamphetamine (Charge 1).

13In your bedroom, police found vacuum sealed bundles of counterfeit notes totalling $29,300 (Charge 2).  Also an emulator, a diagnostic tablet, a laptop, and numerous motor vehicle keys and $2,100 cash reasonably suspected to be proceeds of crime (summary Charge 7).

14In relation to the methylamphetamine discovered, the three of you had entered into an agreement to traffic in, to the degree or in the quantities that I have just described, that drug.  You were all arrested on that day, 22 February 2022, and interviewed by police. 

15You, Mr Brilliant, admitted responsibility for items from two bedrooms and those found in your car and storage unit.  You, Mr Fenton, lied, by saying you had nothing to do with the house.  And you, Mr Cummins, made no comment.

Conduct of the Case

16You, Mr Cummins, were granted bail on 26 July 2022 and on 19 August 2022 that bail was varied to allow you to enter into residential rehabilitation at Odyssey House.  You have remained there since.

17You, Mr Brilliant, were granted bail on 1 December 2022. Your bail was varied to integrated the support from the Court Integrated Services program on 15 February 2023, but in light of further offending that bail was revoked on
26 October 2023 and you have remained in custody since.

18You, Mr Fenton, were granted bail on 24 May 2022 and have remained on bail since.

19You all conducted a contested committal on 1 December 2022 and a case conference in this court on 6 July 2023, a Final Directions Hearing prior to trial was conducted on 23 May 2024.  Following that, on 28 May 2024 negotiations having continued, you Mr Cummins and Mr Brilliant, pleaded guilty to the charges now before me.  You, Mr Fenton, pursued a sentence indication on 30 May 2024, an application that was ultimately refused by a Judge. However, on 5 June 2024 you pleaded guilty.

20Your guilty pleas have come late in the stage of the proceeding, a short time before the trial that was listed to commence on 3 June 2024.  Nevertheless, I accept that you all engaged in settlement negotiations and that your plea has some utilitarian value and that the charges upon which you have settled were less than the charges originally filed.

21I accept that your guilty pleas indicate that you have each taken responsibility for your offending and that you have, albeit late in the piece, facilitated the course of justice, albeit on lower charges that were not available earlier.

Personal circumstances – Cummins

22You, Mr Cummins, relied on a treating psychologist report of Andrea McNeill dated 16 May 2024 (Exhibit C1), a support letter from Shane Puxley dated 2 October 2024 (Exhibit C2), letters from Odyssey House dated April and October 2024 (Exhibit C3), a work reference from Sean McCallister dated 17 May 2024 (Exhibit C4), and references from Adam Dunn and Sarah Annett (Exhibit C5).

23You have a criminal history, including for drug possession, since 2012 when you were only 23.  During the following years your offending involved the same and related offences.  In 2019, you were convicted for trafficking and dishonesty offences and placed on a therapeutic community corrections order but in 2020 you were imprisoned for 18 months for blackmail and cultivating cannabis.  Also that year you were sentenced for breaching the 2019 Community Corrections Order.

24After your arrest in this case you spent about five months in custody on remand in 2022, whilst towards the end of the pandemic I expect that time was harder than it should have been and I have taken that into account. 

25Your treating psychologist, Ms McNeill, who works regularly with people in your circumstances, reported having observed you to express regret and shame for your offending and that it appeared to be genuine.  She recorded your account of a father heavily affected by alcohol and heroin who was abusive. 

26You acknowledged that over the years you have put your mother through hell because of your own criminal behaviour.  Nevertheless, you reported to her that you managed to pass Year 11, denying major behavioural issues.  She tested you and found you to be within the average range of intellectual functioning, but suggests that you likely had depression early in your 20s, which resulted in you self-medicating with illicit drugs.

27You had never previously engaged a psychologist.  Over time, she reports you have a growing capacity for accepting responsibility.  Of note, she reports your abstinence from substance use since your arrest.  With her, you engaged openly and readily, she said, and developed what she described as a high degree of insight into your past.  She regards your substance abuse disorder to be in remission.

28Ms McNeill suggests that having developed a prosocial identity over the last
22 months, when she wrote that, that returning to prison would expose you to a high chance of relapse.

29Mr Turvey of Odyssey House gave evidence in support of his letter (Exhibit C3) that you have been living at Odyssey House in the therapeutic community since October 2022 and are an important peer support person now for others in that location.  He spelt out the types of programs in which you were involved during levels 1, 2 and 3 at the community, which lasted for at least 12 months or more, and during which time a curfew applied albeit there was a progressive relaxation of other restrictions.  Since then, you have been considered a ‘leaver’ who nevertheless maintains involvement in the community, but with significant flexibility as to where you work and go.

30He said you engaged well with the program from the start and have been a good influence as a peer supported.  He said the only hiccup he could report was that on one occasion after completing level 3, you had a drink one night with friends in the community.  He reports that this has not been repeated and that you were candid in revealing that when it happened.  Throughout, he says you have been a valued member of the community which stands in stark contrast to his description of you at the commencement of treatment, namely that you were broken and lost.

31Sarah Annett gave evidence of the alcoholic violence at the hands of those who should have protected you, with whom you both grew up.  She says that whilst you had lost your way, no doubt, at least in part, due to your upbringing, in recent times she has observed that you have consistently rebuilt yourself and the trust that others could have in you.  She acknowledges that you have been given, in the past, multiple second chances over the years by courts, but that in her view you had not previously been ready for change and that over the past two years you have demonstrated commitment to it.

32I accept Mr McCallister's reference that you have been a good worker over the past 12 months.  I accept that your progress in drug rehabilitation at Odyssey House has been excellent.  I also accept that it reflects your remorse for offending in the way that you did and I will give it full weight in sentencing you.

Personal circumstances – Brilliant

33Mr Brilliant, as to your personal circumstances, you relied on a psychological report of Warren Simmons dated 14 June 2024 (Exhibit B1), a neuropsychological report including addendum of Dr Staios dated 31 July and 26 October 2024 (Exhibit B2), a bundle of certificates (Exhibit B3), and seven urine drug screen results (Exhibit B4).

34You grew up in Melbourne having what you have described as a good childhood but struggled with ADHD.  You left school in Year 10.  Your behaviour was observed to be troubling, but you committed yourself to work including plastering, plumbing and in construction, indeed, in 2015 you commenced your own business.  Your work however was undermined by your drug use.  You began smoking methylamphetamine as a teenager in nightclubs and this habit later became more serious, and more recently you began using GHB.

35Mr Simmons suggested that your experience of ADHD and perhaps childhood trauma would have left you vulnerable to substance abuse.  Having had regard to your history of offending, the psychologist also suggested your prospects for rehabilitation are likely to be guarded.  I accept that.

36In light of concessions made by the neuropsychologist, I am unable to find that you have an intellectual disability or a cognitive impairment, such as to enliven the principles in Verdins[1] or Muldrock[2].  It is apparent however, that you have relatively low capacities in some respects and I have taken that into account.

[1]Verdins v R (2007) 16 VR 269

[2]Muldrock v R (2011) 244 CLR 120

37Your criminal history is relevant and significant.  You were before the courts from 2012 for drugs and weapons offences for which you were placed on a CCO, including treatment.  Similar offending including breaches of court orders continued since then.  Methylamphetamine featured in that history.  In 2018 you were imprisoned for further possession of that drug and related offences, and similar in 2019.  In 2020 you were imprisonment for a range of offences including forgery and possession of drugs.  Whilst you have not, to date, been sentenced for trafficking, your history is relevant.

38You have spent your time in custody engaging in courses and have provided certificates.  This demonstrates an appreciation of the work you need to do, and I accept that.  I accept also that at least in the early stages of your remand there was still residual problems with the pandemic that would have made your time there more difficult.

Personal circumstances - Fenton

39Mr Fenton, you relied on a letter from The Cottage dated 27 May 2024 (Exhibit F1), a report by Luke Armstrong dated 20 September 2024 (Exhibit F2), a letter from Maria Hutcheson dated 2 October 2024 (Exhibit F3), a letter from Tracey Allen (Exhibit F4), and numerous references (Exhibit F5).

40Those references are from Andrew Haigh, Antonio Ferrara, Dennis Leatham, Duarte Cabrall, Grace Erico, James Dallas, Jarrad Fenton, Joseph Barilla, Lee Aitken, Melanie Erico, Norm Dambra, Rex Hickman, Reece Johnson and Robert Dawid.

41You grew up in a family environment where you had a degree of freedom and the parenting of you was flexible.  In this context, in your teenage years you started to drink and sooner or later experimented with drugs, including with ice when you were 19. 

42Nevertheless, you qualified as a plumber when you were 22 and obtained good work on building sites in your 20’s and developed skills in working with cranes.  From an early age, you developed a relationship with your current partner with whom you shared a child prior to this offending, and since your release on bail, another. 

43You have a relevant criminal history commencing in 2011.  In 2013, you were placed on a therapeutic community correction order for driving, dishonesty and drug related offences.  In 2014 you were imprisoned for similar, including the breach of the 2013 order.  In 2019, you were imprisoned again for similar, as you were in 2020.  In 2021, you were imprisoned for 12 months for trafficking drugs and related offences, and later fined for a breach of parole in respect of that sentence.  All of that most recent history occurring within the
12 months before the current offending.

44You were granted bail about three months after your arrest and from June 2022 until November 2022 you took part in the residential program at The Cottage in Shepparton.  I accept that you had a desire and willingness to rid yourself of drugs and that you engaged in the program well.

45You engaged in counselling with Ms Allen for a couple of sessions and she said you were taking responsibility for your actions.  Ms Hutcheson confirmed your progress through The Cottage where she worked with you.  She said she was impressed, over the months, to see your transformation to a sober life.

46Mr Armstrong reviewed your family history and progress in treatment, referring to the reports of Ms Hutcheson and other documents, and found you to have had a substance use disorder of a severe kind.  He also suggested you had features of a personality disorder.  He suggested, that your prosocial activities and work and being involved with your family are now protective and positive developments, which I accept. 

47He recommended your continued engagement in counselling in order to assist you to integrate your experiences into your future life but noted the strain that this has imposed on your relationships and your family.  He suggested the need for continued testing for at least another six to 12 months.  He expressed concern that your progress may unravel if you return to prison.  He also noted that there would be a likely effect on your young children if you were to be removed from the home.  I accept those risks in the way that they were stated and I also accept that they are risks dear to your heart.

48The numerous references you have provided speak with one voice about your commitment to family and your positive attitude to your continued rehabilitation, which I accept.  I also find that, notwithstanding, the lateness of your plea, that it reflects remorse and an appreciation of the effects of your offending.

49I also accept that since your departure from The Cottage at the end of 2022 you have worked hard and with the support of your family made a considerable outlay for expensive equipment to pursue your small business operating a crane.  I accept that returning to custody will make that difficult on you and your family, but in circumstances where there is a certain seriousness to your offending, it is but one circumstance that I take into account when arriving at an appropriate sentence.

Sentencing issues

50The maximum penalty for charges of trafficking in a commercial quantity is
25 years' imprisonment; for trafficking simpliciter and handling stolen goods it is 15 years; for theft and possessing counterfeit money it is 10 years; for negligently dealing with proceeds of crime it is 5 years; for dealing with the property suspected to be proceeds of crime, for refusing to provide information when directed, and for possessing a prohibited weapon it is 2 years.

51As to the seriousness of the offending, trafficking in these quantities of drugs causes real harm to our community.  Your offending was reasonably sophisticated by way of the agreement you had to engage in that process.  It involved planning by each of you.  The quantities of drugs you each trafficked, different as they are, were of significant value and I find that quite apart from any addiction with which you suffered at the time, you engaged in that trafficking for profit.  I will, of course, have regard to the different quantities alleged against each of you, and the time over which each of you were alleged to have offended, as reflected in the charges.

52Objectively, I find each of your conduct to be grave examples of trafficking.  For you, Mr Cummins, in a commercial quantity, for you Mr Brilliant and
Mr Fenton, in trafficking (simpliciter) quantity.  In each of those respects I find your moral culpability to be high.

53The other offences that each of you face involve significant degrees of dishonesty and a disregard of the rights of other members of the community, particularly with respect to their property. 

54I find that on the totality of the offending in each of your circumstances, it reflects your descent into a significant and multi-faceted life of crime at the time.  I accept, of course, that the drug addiction that has been observed in each of you is one factor in explaining the circumstances of your offending.  Trafficking in these quantities, albeit, different for each of you, of a valuable drug, requires that I attach significant weight in sentencing to general deterrence, denouncing your conduct and imposing just punishment.

55I have had regard to each of your criminal histories as I have set out above and that each of them contributes to the need for weight being given to specific deterrence and community protection. 

56I have had regard to the principle of totality and have calculated each of your sentences and will apply orders for cumulation or commencement so as to arrive at a total sentence in each of your cases, proportionate to your total offending. 

57In doing so, I have paid particular regard to parity between you, Mr Brilliant and you, Mr Fenton.  I note, however, that you, Mr Brilliant, pleaded guilty to a between dates charge of trafficking and you, Mr Fenton on the one day, which will result in some disparity between you.

58Mr Brilliant, you have spent a lengthy period of time on remand, whilst you
Mr Fenton and Mr Cummins, have since been on bail.  I have had regard to the work you have each done on progressing your rehabilitation and the progress that you have made, actually. 

59In relation to all three of you, I have given weight in this case to the delay or the time that has passed since the offending, it now being two and a half years.  I accept that during this time, at least in relation to you, Mr Cummins and Mr Fenton, the court can see that you have engaged in rehabilitative efforts.  I also accept that waiting for sentence will have been stressful for each of you.

60I have given weight to the rehabilitation you have achieved and how that reflects on the prospects of your further reform, gaining insight, dealing with ongoing problems, and risks into the future.

61Mr Cummins, your counsel submitted that yours was a very unusual case and that particularly in light of your time at Odyssey House, you should not return to custody but rather be placed on a CCO.  He submitted that your circumstances, as the Act would require, were substantial and compelling that are exceptional and rare, such that a combination sentence was available. 

62As is probably clear from the conduct of the Plea Hearing, having considered all of the facts including the full extent of your rehabilitation, I nevertheless have come to a view that the circumstances of your case did not meet that very high test.  The circumstances, of course, include the nature and seriousness of your offending and the quantity of drugs you trafficked was very high. 

63I have also considered, in making that determination, your personal matters including your progress since release. That does not mean that I will ignore those achievements when arriving at an appropriate sentence.  In giving those positive matters weight, I have come to a lower sentence than I would otherwise have imposed in the circumstances of this offending.

64The prosecutor submitted that only a parole type sentence was appropriate.  Given the nature of your offending, in Charge 1, as I indicated at the Plea Hearing, I did not accept the proposition that you should spend no further time in custody. 

65Similar submissions were made in relation to you, Mr Fenton.  Of course you do not face the charge that attracts that high test of substantial and compelling circumstances that are exceptional and rare, but having regard to, as was clear at the conclusion of the plea hearing, the circumstances of your offending and your prior history, notwithstanding the progress that you had made, I determined then and I maintain now that further time in custody must be spent.

66Your situation, Mr Brilliant, of course is different in that you have been on remand throughout the period of time waiting for sentence.

67Counsel for Mr Fenton relied on a number of cases that he said indicated the courts would sometimes impose a combination sentence for offences of trafficking, even for elevated weights.  I have had regard to those cases.  I have also had regard to the sentencing statistics, such as are published by the Sentencing Advisory Council and as were discussed during the plea hearing, and the principles of sentencing particularly in relation to repeat offending and chronic offending.

68Particularly in relation to Mr Cummins, the prosecutor rightly drew my attention to the relatively recent Court of Appeal decisions that relate to sentencing practices in cases of commercial quantity trafficking, in particular the statements of the Court in Gregory[3] and related cases.  Importantly, I have referred to concerns of prevalence of this offending and as was stated in Gregory, the need for sentences of trafficking in commercial quantities over time since that case was decided, to be increased.

[3]Gregory v R [2017] VSCA 151

69Whilst I do not apply those comments to your cases, Mr Brilliant and Mr Fenton, that does not mean that your offending was less serious than would otherwise have been seen, quite apart from Mr Cummins' case.

70In relation to the progress on bail made by you, Mr Cummins and Mr Fenton, while I have determined that you must spend further time in custody I do expect that you will equip yourselves with the advances you have made in the community, to resist risks in custody and to manage your time in prison and to make good on any application for parole that you submit.  I expect, and indicate by these remarks, that the Parole Board will give full weight to the progress you have made pending sentence when they calculate and agree to your release on parole at the earliest occasion.

Sentence – Cummins

71Mr Cummins, I sentence you as follows. 

Charge 1, trafficking in a commercial quantity, 4 years and 9 months.

Charge 2, negligently dealing with proceeds of crime, 9 months.

Charge 3, negligently dealing with proceeds of crime, 6 months.

72Two months of the sentence on Charge 2 and one month of the sentence on Charge 3 are to be served cumulatively upon each other and upon the sentence on Charge 1, making a total effective sentence of 5 years.

73I fix a non-parole period of 3 years.

74I declare that you have served 163 days pre-sentence detention and direct that this be reckoned as a period already served under this sentence. 

75I have taken into account, according to the principles in the case of Akoka, the fact that for much of the first 12 months of your time in rehabilitation you were the subject of curfew and that you were living in restricted circumstances.

76In accordance with s6AAA of the Sentencing Act 1991, but for your guilty plea I would have imposed 7 years' imprisonment and fixed a non-parole period of 5 years.

Sentence – Brilliant

77Mr Brilliant, I sentence you as follows.

Charge 1, trafficking, 2 years and 2 months.

Charge 2, theft, 12 months.

Charge 3, handling stolen goods, 6 months.

Charge 4, handling stolen goods, 6 months.

Charge 5, the Commonwealth offence of possessing counterfeit money, 9 months.

Summary Charge 7, possessing prohibited weapon, 4 months.

Summary Charge 8, refusing to comply with a direction to give information in relation to four phones, 6 months.

Summary Charge 16, dealing with proceeds of crime, 3 months.

78Four months of the sentence on Charge 2, and one month of the sentence on Charge 3, and one month of the sentence on Charge 4, and two months of the sentence on summary Charge 8 are to be served cumulatively upon each other and upon the sentence in Charge 1, making a total effective State sentence of 2 years and 10 months.

79I fix a State non-parole period of 22 months.

80The Commonwealth sentence on Charge 5 is to commence 7 months prior to the expiry of your non-parole period, that is I intend that it result in an overall increase in your sentence of 2 months, and I have adjusted the non-parole period accordingly.

81I declare that you have served 556 days pre-sentence detention and direct that this be reckoned as a period served under the sentence.

82In accordance with s6AAA of the Sentencing Act, but for your guilty plea I would have imposed 3 years and 9 months and fixed a non-parole period of 2 years and 6 months.

Sentence – Fenton

83Mr Fenton, I sentence you as follows.

Charge 1, trafficking, 1 year and 10 months.

Charge 2, the Commonwealth offence of possessing counterfeit money $29,300, 13 months.

Summary Charge 4, refusing to comply with a direction re two phones, 4 months.

Summary Charge 7, dealing with proceeds of crime, 3 months.

84One month of the sentence on summary Charge 4 is to be served cumulatively upon the sentence on Charge 1, making a total effective State sentence of 1 year and 11 months. 

85I fix a non-parole period of 14 months.

86The sentence on Charge 2 being a Commonwealth offence is to commence 9 months prior to the completion of your non-parole period, that is my intention is that it is effectively to increase your total sentence by 4 months, and I have adjusted your State non-parole period accordingly.

87I declare that you have served 108 days pre-sentence detention and direct that this be reckoned as a period already served under the sentence. 

88I have taken into account in relation to you, according to the principle in Akoka, the fact that you spent 6 months at The Cottage and a portion of that time in restricted circumstances.

89In accordance with s6AAA of the Sentencing Act, but for your plea of guilty I would have imposed 3 years and 4 months and fixed a non-parole period of 2 years and 1 month. 

90I make all forfeiture and disposal orders as sought. 

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