Director of Public Prosecutions v Eddy
[2024] VCC 2061
•17 December 2024
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-22-01188
| DIRECTOR OF PUBLIC PROSECUTIONS |
| V |
| JOSHUA EDDY |
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JUDGE: | HER HONOUR JUDGE HARPER | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 December 2024 | |
DATE OF SENTENCE: | 17 December 2024 | |
CASE MAY BE CITED AS: | DPP v Eddy | |
MEDIUM NEUTRAL CITATION: | [2024] VCC 2061 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Traffick drug of dependence, aid, abet, counsel or procure the commission of a offence namely traffic commercial quantity of a controlled drug, negligently deal with proceeds of crime
Legislation Cited: Crimes Act 1914 (Cth), Sentencing Act 1991 (Vic), Criminal Code Regulations 2019 (Cth)
Cases Cited:Gregory (a pseudonym) v The Queen [2017] VSCA 151
Sentence: Global TES: 9 years 6 months, Global NPP: 6 years 6 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms D. Karamicov | Ms. A. Hogan, Solicitor for Public Prosecutions |
| For the Accused | Mr J. McQuillan | Theo Magazis & Associates |
HER HONOUR:
1Joshua Eddy, you have pleaded guilty before me to one charge of trafficking in a drug of dependence namely cocaine, one charge of aid, abet, counsel or procure the commission of an offence, namely traffic a commercial quantity of a controlled drug being methamphetamine and one charge of negligently dealing with proceeds of crime.
2The maximum penalty for Charge 1, trafficking in a drug of dependence, is 15 years imprisonment. For the charge of aid, abet, counsel procure the commission of an offence, namely traffic a commercial quantity of a controlled drug, the maximum penalty is life imprisonment and for Charge 3, negligently dealing with proceeds of crime, the maximum penalty is 5 years imprisonment.
Circumstances of offending
3A detailed summary of your offending was provided by the prosecution in a document dated 2 December 2024. I will briefly summarise those facts here.
4In June 2020, investigators from the Echo Taskforce began a targeted investigation into the activities of the Mongols Outlaw Motorcycle Gang (OMCG) in north-eastern Victoria. You were the Sergeant at Arms of the Mongols OMCG Riverside chapter and resided in Cobram with your family. You were on bail for trafficking in a commercial quantity of 1,4-butanediol and ran a business called 'Cartel Auto Detailing' in Cobram.
5Police employed a number of surveillance techniques including telephone intercepts, physical surveillance and undercover operatives.
6You were at the apex of the syndicate which trafficked in cocaine and methamphetamine and involved members of your immediate family, together with associates of the Mongols OMCG.
7
Your syndicate acted as a facilitator for the broader Mongols OMCG drug trafficking operation. The syndicate facilitated the distribution of large quantities of drugs which generated significant amounts of cash. In one instance the
drug-trafficking activities involved several interstate locations which included the transportation of drugs across three States (Charge 2 referred below).
8A number of you family members and associates were involved in the syndicate including your father David Eddy, your sister Jaide Eddy, your then partner Kayla Eddy, your uncle Shane Eddy, Kyle Assigal, Bailey Herring, Montather Al Mousawi, Matthew Peagram and Samuel Wood. Other associates included Joshua Howard, Lewis Dickson, Alecander Kalogerakis, Kuol Kuol, Matthew Eddy, Ricky Eldridge and Braeden Clifton.
Charge 1 – trafficking a drug of dependence
9Between 7 October 2020 and 18 July 2021, you were conducting the regular business of trafficking cocaine. In the course of that business, you trafficked in amounts of cocaine that together exceeded the commercial quantity threshold for that drug, however this charge is put as a high-end trafficking simpliciter charge and that is the basis upon which I will sentence you.
10You were involved in preparing cocaine for sale, making offers and agreements to sell the drug and intentionally directing others in the syndicate to traffick cocaine on your behalf and to store the drug for you.
11You were at the apex of the distribution syndicate in Cobram. It is accepted however, that unknown others were also involved and sat above you in the hierarchy.
12During the charge period there were a number of occasions on which police seized a total of 503.8 grams of cocaine. This comprised:
a) a seizure of 195.7 grams of cocaine from an intercept of associate Kyle Assigal immediately after he had obtained the drugs from you at your business premises on 7 October 2020. The substance was in 8 Ziploc bags, the smallest of which contained 1 gram of cocaine with a purity of 40%. The seven larger bags seized, all found within a large plastic bag, contained a total of 194.7 grams of cocaine with a purity of 51%. DNA 100 billion times more likely if you contributed to the profile was found;
b) sales to an undercover police operative by associate Montather Al Mousawi who was a runner on behalf of your syndicate. He trafficked a total of 224.2 grams of cocaine to covert operatives on 10 June 2021 (being 28.3 grams of cocaine with a purity of 20%, sold for $7,500), on 21 June 2021 (being 83.8 grams of cocaine with a purity of 18% sold for $21,900), and again on 4 July 2021 (being 112.1 grams, made up of 84.5 grams of cocaine of 16% purity and 27.6 grams of cocaine of 16% purity sold for $29,200), all of which you supplied to him;
c) the seizure of 82.9 gram of cocaine from your father’s home in Cobram; and
d) the seizure of 1 gram of cocaine with a purity of 14% from within an envelope at your business address.
13During the period of trafficking the subject of the charge, telephone intercepts revealed the ongoing nature of your drug trafficking business, it's breadth and sophistication. While these calls are not evidence of quantum, they do show just how prolific your business was.
Charge 2 – aid, abet, counsel or procure the commission of an offence
14
Between 26 March 2021 and 10 April 2021, you intentionally aided, abetted, counselled or procured Mr Samuel Wood, the principal offender, to commit the offence of trafficking in Western Australia by participating in meetings in Victoria with others in relation to a large transaction. You recruited Mr Wood, connected him with Mr Matthew Peagram, the second principal offender, and directed
Mr Wood along the journey from Victoria to Western Australia.
15Between 5 April 2021 and 10 April 2021, the offence date, the syndicate moved 9.974 kilograms of methamphetamine from New South Wales to Western Australia, where it was seized by Western Australian police, together with $886,650 cash.
16While you were not aware of the precise amount of methamphetamine being trafficked, you knew or believed that there was a real or significant chance that the transaction related to at least a commercial quantity of the controlled drug being 750 grams pure. That is the basis on which you fall to be sentenced.
17
On 31 March 2021 you collected Wood and drove him to a meeting in Melbourne at which it was confirmed that a large quantity of drugs would be available for interstate trafficking by the Mongols syndicate. You communicated again on
5 April 2021.
18On 6 April 2021 at 2 am, CCTV at a Caltex service station in Yass, NSW, captured Wood in the company of Peagram in a grey 2010 Ford Falcon sedan.
19On the morning of 8 April 2021, you called to check in on Wood. You directed him to consult his encrypted device. Later that day, it emerged that Wood's car had run out of fuel in Madura WA and operated only on LPG which was unavailable in small country service stations. He needed to be towed to Norseman for refuelling.
20On 9 April 2021, Wood called you to request money to pay for the tow truck which was then provided to him.
21On 10 April 2021, Wood continued toward Perth, collecting Peagram in a shopping centre car park in Stratton WA. They travelled to Blackadder Creek Reserve in Stratton and conducted a reconnaissance of the area before returning to the shopping centre car park.
22At approximately 12 pm, Wood and Peagram returned to Blackadder Creek. Under surveillance, Peagram removed a black sports bag from the car and walked into the reserve, placing it under a footbridge. He then recovered a large box from the Reserve and placed it into the car before he and Wood left the area.
23Twenty minutes later a WA man, Thomas McMahon, drove into the Reserve and retrieved the black sports bag. As he returned to the car he saw police, dropped the bag and ran. He was apprehended. Inside the bag were 10 individually wrapped 'green tea' packages which were analysed as containing methamphetamine as follows:
a) One package that weighed 996 grams with a purity of 81%,
b) Two packages that weighed 998 grams with a purity of 80%,
c) Two packages that weighed 998 grams with a purity of 82%,
d) One package that weighed 995 grams with a purity of 82%,
e) One package that weighed 997 grams with a purity of 82%,
f) One package that weighed 1 kilogram with a purity of 82%,
g) One package that weighed 997 grams with a purity of 79%, and
h) One package that weighed 997 grams with a purity of 80%.
24In total the packages weighed 9.974 kilograms which far exceeds the 750 gram threshold for a commercial quantity of a controlled drug being methamphetamine under Schedule 1 of the Criminal Code Regulations 2019 (Cth).
25Wood and Peagram were intercepted and found to be in possession of the box containing $888,650. Both were found in possession of encrypted telephone devices.
26You committed a number of acts to assist or facilitate in this transaction, namely;
a) You were associated with Mr Peagram and closely associated with Mr Wood, recruiting Wood and putting him in contract with Peagram.
b) You counselled Wood along his journey from Victoria to Western Australia using telephone and encrypted communications, a large number of which I have been directed to but will not extract here.
c) When Wood's car broke down, you directed and counselled him about how to deal with the situation and who he should contact in WA to report the incident and keep them informed of events.
d) You personally contributed to the payment of funds to Wood to pay the tow truck driver to attend Madura WA and tow Wood's car to a service station in Norseman.
e) Telephone intercepts on 10 April 2021 show that you held an interest in the transaction being completed successfully. You held intimate knowledge about the interstate trip, knew that it involved the commission of a serious well organised crime, knew that it involved travelling large distances and the coordinated meeting of people in different States.
27You were a facilitator and a conduit between Wood, the courier, and others who organised the operation and owned the drugs.
Charge 3 – negligently deal with proceeds of crime
28On the day of your arrest, 18 July 2021, police attended at your home address in Cobram. You were found to be in possession of:
(a) a 2016 Range Rover Sport;
(b) a Holden Colorado Ute;
(c) a 2015 Harley Davidson motorbike;
(d) a gold bracelet;
(e) a Rolex watch;
(f) a gold Mongols ring; and
(g) cash in the sum of $32,800.
29You have pleaded guilty to negligently dealing with this property.
Objective gravity
30This is most serious offending, the objective gravity of which is readily apparent from the maximum penalties imposed by Parliament, in particular the life maximum available for Charge 2. These are serious examples of both Charges 1 and 2 and a mid level example of Charge 3..
31You were at the apex of the Charge 1 syndicate, although I accept there were others higher than you. The traffickable amount of cocaine is 3 grams. The amount you trafficked was some 167 times this threshold, over a protracted period of some 9 months.
32You certainly fell above Wood in the hierarchy of the interstate syndicate involved in Charge 2 but again I accept there were a number of others directing you and you were not charged as a principal. Nevertheless, you were entrenched in the business of trafficking and played a pivotal role.
33I note that Charge 3 further involves goods of a substantial value.
Plea of guilty
34Your pleas of guilty came following a sentence indication before me. The prosecution concedes that discussions were ongoing from the committal stage and I note the resolution of this matter reflects charges less serious than those with which you were initially charged. Any trial would have been complex and protracted.
35You have therefore saved the community the time and expense of running a lengthy trial and as such, you have facilitated the administration of justice. You are entitled to a benefit for the utilitarian value of your plea.
36By your pleas of guilty, you have also demonstrated an acceptance of responsibility for your offending and a level of remorse. I note this remorse was expressed to the assessing psychologist, Mr MacKinnon, whose report I shall return to, and you have expressed appropriate insight into your offending behaviour.
37I further received a letter from you to the court which evidences your remorse.
Sentencing principles
38You are to be sentenced in accordance with the Crimes Act 1914 (Cth) on Charge 2. Pursuant to s.16A of that Act, I am required to impose a sentence that is of a severity appropriate to all of the circumstances of the offence. You must also, pursuant to s.16A(2)(k), be adequately punished for the offending.
39Section 16A(2) of the Act sets out a list of factors, all of which I have taken into account in passing sentence on you.
40You also face 2 State charges for which I have taken into account the s.5 Sentencing Act 1991 considerations.
Personal circumstances and psychological assessment
41I turn now to your personal circumstances.
42You are now 32 years of age, having been born in Shepparton in May 1992. You were raised in Cobram as an only child after your parents separated when you were about 2 years of age. You had irregular contact with your father and were cared for by your mother, an aunty and your grandmother.
43Your mother turned to alcohol and both she and your stepfather were alcoholics. Your mother was exposed to family violence by several partners, and you left home at age 13. You moved around between relatives before moving in with your mother in Sydney for three years from the age of 17.
44Your father has had a problem with drugs and suffers from mental illness.
45You attended Cobram Secondary College to the end of Year 7. Since then you have been employed in a number of roles including in a fish and chip shop, in a pine factory, as an electrician's assistant, as a demolition worker and as a forklift driver. You operated a clothing label for a time and opened Cartel Auto Detailing in November 2020, but the business folded after your remand.
46You have known your partner, Tanane Barrett, since you were 13 and have been in a relationship since 2013 when you were 21. Your first child, a daughter, was stillborn in 2014 and you have two sons aged 8 and 6.
47In 2018 you were diagnosed with ADHD and prescribed dexamphetamine which you have discontinued.
48You have always enjoyed riding motorcycles and became involved with the Mongols OMCG in 2019. You report having left the club in 2023 'on good terms'.
49You have completed several courses in custody including 'Alcohol and Me', 'Changing Gears (Polysubstance Abuse)' and 'Check Your Thinking', and you work as a Program Billet.
50I received a psychological assessment report from Mr Ian MacKinnon dated July 2024.
51Mr MacKinnon opines that you are currently suffering with a mild level longstanding Complex Post-Traumatic Stress Disorder arising from physical and emotional abuse as a child.
52You have had a significant drug habit for many years starting from age 13, using cannabis, ice, ecstasy, cocaine, prescription drugs and GHB. You used buprenorphine when first remanded but have been abstinent for some two years now.
53Mr MacKinnon found that before and during the offending you suffered from substance abuse disorder, which he opines significantly contributed to your offending behaviour. He found that your habitual substance abuse, including as a means of self-medicating from chronic distress in your life, also impacted your ability to apply good reason and make sound judgment.
54He opined that 'by the time of the offences the use of illicit substances was “normalised’ for (you), and involvement in trafficking was merely an extension of this normalisation process, further encouraged by the antisocial and criminal values.'
55I further received several character references on your behalf which speak highly of you including your loyalty, commitment to your family and your desire to better yourself once you are released into the community.
Other sentencing factors
56You were playing a pivotal role in high level drug trafficking. You were receiving substantial enrichment from your offending in terms of vehicles, clothing and jewellery. You well knew what you were doing, and I consider your moral culpability to be high.
57You have a relevant criminal history including drug related convictions in 2018 and 2019. It is by no means an extensive history and you have only served one other term of imprisonment for unrelated matters, the offence date of which pre-dates this offending.
58General deterrence looms large in cases involving such large quantities of illicit substances. The prevalence of drugs in our community and the damage they wreak cannot be underestimated and the community must be protected from offending of this nature. Others minded to engage in high level trafficking as you have done must be made aware that significant terms of imprisonment will follow.
59Specific deterrence is also an important consideration. The sentence I impose must make it clear to you that the courts and the community will not tolerate offending of this nature.
60I must also give due weight to just punishment and denunciation.
61I consider your prospects of rehabilitation to be fair given your departure from the Mongols OMCG and the insight you have shown into your offending, but they are contingent on you remaining drug free and not returning to motorcycle gangs.
62I take into account the principle of totality when passing sentence upon you, noting that you served an 11 month sentence while on remand for this offending.
Parity
63In relation to Charge 2, both Samuel Wood and Matthew Peagram pleaded guilty on 12 February 2024 in the District Court of Western Australia to selling/supplying a trafficable quantity of a prohibited drug. They were each sentenced to 11 years and 6 months imprisonment with a non-parole period of 9 years and 6 months.
64Your counsel, Mr McQuillan, submitted that your role in Charge 2 is less than theirs in that you were charged on an aid and abet basis. There was, he submitted, no evidence that you were receiving any unjust enrichment. Your role in Charge 1 was higher in that syndicate than it was in Charge 2.
65Ms Karamicov, for the prosecution, submitted that you must have sat higher than Wood as you were counselling him on how to complete the offence. Nevertheless, Wood and Peagram were sentenced for State charges in WA and so parity she submitted is not strictly applicable.
66While noting these sentences and the role of both Peagram and Wood in the offending, I do not consider them strictly applicable in a parity sense. I consider that you were directing Wood but accept that you are pleading on an aid and abet basis whereas he was a principal.
Sentencing submissions
67
I gave a sentence indication in your matter on 9 August 2024. Both counsel accepted that the only available sentence is one of a head sentence and a
non-parole period given the seriousness of your offending.
68Mr McQuillan, on your behalf, submitted that a longer than usual period on parole should be made available to you.
69Ms Karamicov, for the prosecution, submitted that there is no basis for a longer than usual period on parole. She submitted that Gregory (a pseudonym) v The Queen [2017] VSCA 151 has application in your case. While that matter related to a commercial quantity, I apply the principles therein.
Principle of parsimony
70Pursuant to s17A(1) of the Crimes Act 1914 (Cth), I can only pass a sentence of imprisonment if, having considered all other available sentences, I am satisfied that no other sentence is appropriate in all the circumstances of the case.
71In your case, I have come to the conclusion that I have no alternative but to impose a term of actual imprisonment and I direct that my reasons for so finding be entered in the records of the court under section 17A(2)(b) of the Crimes Act 1914 (Cth).
Disposition
72Would you please stand, Mr Eddy.
73I will sentence you on the State charges first.
74On Charge 1, trafficking in a drug of dependence, you are sentenced to 4 years imprisonment.
75On Charge 3, negligently dealing with proceeds of crime, you are sentenced to 2 years imprisonment
76I direct that Charge 1 be the base sentence.
77I direct that 1 year of the sentence imposed on Charge 3 be served cumulatively on the sentence imposed on Charge 1.
78That makes a total effective sentence on the State charges of 5 years imprisonment.
79I direct that you serve a non-parole period of 2 years 6 months on the State sentences.
80I direct that the State sentence commence today.
81I turn to the Commonwealth charge.
82On Charge 2, aid, abet, counsel or procure the commission of an offence, namely traffic a commercial quantity of a controlled drug, you are sentenced to 7 years imprisonment.
83
The Commonwealth sentence is to commence at the conclusion of the State
non-parole period.
84I direct that you are to serve a minimum non-parole period of 4 years on the Commonwealth sentence.
85That makes a global total effective sentence of 9 years 6 months imprisonment with a global non-parole period of 6 years 6 months imprisonment.
86The purpose of fixing that non-parole period is to allow you the possibility of a period of supervised release into the community to further your rehabilitation.
87If you are released on parole, the balance of your sentence will be served in the community subject to the conditions of your parole. Any such parole order may be amended or revoked. If you fail without reasonable excuse to fulfil the conditions of your parole, your parole may be revoked, and you may be ordered to serve the balance of your sentence in prison.
88Pursuant to s18(4) of the Sentencing Act 1991 (Vic) and s16E(2) of the Crimes Act 1914 (Cth), I declare that you have served 1016 days by way of pre-sentence detention, excluding today. I direct the fact of this declaration and its details be noted in the records of the court.
89Pursuant to s 6AAA of the Sentencing Act 1991 (Vic) I declare that had you not pleaded guilty the sentence I would have imposed would have been a global total effective sentence of 12 years 6 months imprisonment with a non-parole period of 8 years 6 months imprisonment. You may be seated, Mr Eddy.
90Ms Karamicov, is there anything from your point of view?
91MS KARAMICOV: No thank you, Your Honour.
92HER HONOUR: Mr McQuillan, is there anything from you?
93MR McQUILLAN: No, Your Honour, thank you.
94HER HONOUR: Mr Eddy can be taken out, thank you.
95MR McQUILLAN: Your Honour, before he is - - -
96HER HONOUR: Yes.
97MR McQUILLAN: - - - could I have an indulgence, I just want to discuss one thing with my client.
98HER HONOUR: Yes. Mr McQuillan can approach Mr Eddy briefly.
99MR McQUILLAN: It's sort of to save me going down to - - -
100HER HONOUR: Yes, certainly.
101MR McQUILLAN: Thank you.
102HER HONOUR: Thank you. Mr Eddy can be taken out now.
103MR McQUILLAN: Thank you for that, Your Honour, I appreciate it.
104HER HONOUR: That's all right. I thank both counsel for their assistance with this matter.
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