Director of Public Prosecutions v Evans
[2025] VCC 673
•28 May 2025
| IN THE COUNTY COURT OF VICTORIA AT SHEPPARTON CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-02021
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| NATHAN EVANS |
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JUDGE: | HER HONOUR JUDGE HARPER | |
WHERE HELD: | Shepparton | |
DATE OF HEARING: | 20 May 2025 | |
DATE OF SENTENCE: | 28 May 2025 | |
CASE MAY BE CITED AS: | DPP v Evans | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 673 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – SENTENCE
Catchwords: Traffick drug of dependence – commercial quantity, possess drug of dependence, possess traffickable quantity of firearms.
Legislation Cited: Sentencing Act1991 (Vic) ss 18, 6AAA.
Cases Cited:Gregory (a pseudonym) v The Queen [2017] VSCA 151, Fernando v The Queen [2017] VSCA 208, Polos v The King [2022] VSCA 258, Director of Public Prosecutions v El-Sayegh [2022] VCC 506.
Sentence: 4 years imprisonment with a NPP of 2 years 6 months
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D. O’Doherty | Ms A Hogan, Solicitor for Public Prosecutions |
| For the Accused | Ms. S Stanley | Hoffman Carroll Criminal Law |
HER HONOUR:
1Nathan Evans, you have pleaded guilty before me to one charge of trafficking in a drug of dependence in not less than a commercial quantity, one charge of possessing a drug of dependence and one charge of possession of a traffickable quantity of firearms.
2The maximum penalty for trafficking in a drug of dependence in not less than a commercial quantity is 25 years. For possession of a drug of dependence the maximum penalty is one year imprisonment and for possessing a traffickable quantity of firearms, the maximum penalty is 10 years' imprisonment.
3Trafficking in a drug of dependence in not less than a commercial quantity is also a Category 2 offence, which I will return to shortly.
Circumstances of offending
4The circumstances of your offending were comprehensively outlined in the Summary of Prosecution Opening for Plea dated 11 April 2025. I shall summarise those circumstances here.
5In March 2024, you were living in a bus with your partner Heidi Evans, your daughter and Ms Evan's son in a Shepparton caravan park.
6Around that time, police began an investigation into drug trafficking and firearms possession at the caravan park. On 29 April 2024, investigators executed a search warrant on the bus in which you were living.
7You were located next to the bus and after receiving an explanation of the warrant, you volunteered that there were two firearms onboard the bus under the bed which you had found in your stepson's tent.
8Upon entering the bus, police spoke to Ms Evans who also indicated there were two firearms under the bed.
9A search of the bus revealed a blue M&Ms container on shelves in front of the bed. The container held the remnants of 0.1 grams of methylamphetamine with a purity of 81 per cent. Inside the container, police found a large zip-lock bag containing 0.4 grams of methylamphetamine with a purity of 83 per cent. Inside that bag were:
(a) A Ziploc bag containing 3.5 grams of methylamphetamine with a purity of 85 per cent;
(b) 35 small Ziploc bags containing a total of 61.2 grams of methylamphetamine with a purity of 81 per cent;
(c) 5 small Ziploc bags containing a total of 8.8 grams of methylamphetamine with a purity of 80 per cent; and
(d) A Ziploc bag containing 52.1 grams of methylamphetamine with a purity of 82 per cent.
10There was an overall mixed weight of 126.1 grams of substance containing methylamphetamine located, including 103 grams of pure methylamphetamine. (Charge 1).
11Within your bedside table was an Australia Post bag addressed to you, containing two plastic bottles of Oxandrolone and two vials of Testosterone. (Charge 2).
12Under your bed, wrapped in a towel, were a 12 gauge, single barrel shot gun and a .22 calibre, single shot rifle. (Charge 3).
13You were arrested and interviewed later on 29 April 2024. You told police that:
(a) You had been living at the caravan park for the past six months;
(b) You had returned from Sydney at 2.30 am that day where you had purchased a motorbike;
(c) When you returned home your stepson was holding the firearms. You provided various names as to who had provided him with the firearms;
(d) You did not see or touch the firearms, you were covering for your son;
(e) You said you had never seen the blue M&Ms container;
(f) You blamed your stepson for dealing methylamphetamine;
(g) You denied knowledge of the Testosterone and Oxandrolone; and
(h) You denied that you were a drug user.
14The following day, 30 April 2024, Ms Evans provided a statement to police. In it she said that:
(a) Around 3 am the morning prior she woke to you banging on the window of the bus. You passed her objects covered in towels, which she believed to be firearms, and told her to put them under the bed, which she did;
(b) You entered the bus and gave her an envelope containing a Ziploc bag of methamphetamine. You directed her to weigh out the drugs, which she did, before placing all the packets into the blue M&Ms container; and
(c) She said you had obtained the methylamphetamine in Syndey and returned home the morning of 29 April.
15On 30 April you made a request to participate in a further record of interview. You told police:
(a) You and Ms Evans commenced heavy ice use after moving into the caravan park;
(b) You became involved in selling methylamphetamine through someone you met at your previous place of employment. You bought 1 ounce from him a week before Christmas, and he proceeded to bring you an ounce every week for the next four weeks. He initially charged $5,500 per ounce, which he took on credit until the relationship soured;
(c) You established a new contact and travelled to Sydney to collect 3 ounces of ice in early February 2024. Most of it was exchanged for $13,000;
(d) You went to Sydney as you were scared of the person here you owed money to. You paid off your debt. You went twice more and collected 5 ounces each time. Your stepson knew nothing about it;
(e) You did not realise you were trafficking, you needed money, and you wanted drugs for personal use;
(f) The firearms were for self-protection. You traded them for half an ounce of methylamphetamine; and
(g) You purchased the steroids through an app for your leg.
Offence gravity
16Trafficking drugs in a commercial quantity and possession of a traffickable quantity of firearms are both most serious offences, more so when committed in combination. You told police the firearms were for 'self-protection', which indicates a preparedness to use them had the circumstances arisen, although I note no ammunition was found.
17Drugs are a scourge on society, and you have trafficked in just over twice the commercial quantity of methylamphetamine, a significant amount. You also had two firearms in your possession.
18I note you are charged with single date trafficking in relation to the 103 grams of pure methylamphetamine, not the much larger amounts you referred to in your second interview. I shall sentence you accordingly.
Plea of guilty
19You have pleaded guilty to the charges at an early stage. You have therefore saved the community the time and expense of running a trial. As such, you have facilitated the administration of justice, and you are entitled to a benefit for the utilitarian value of your plea.
20By your plea you have accepted responsibility for your offending and I consider it to be demonstrative of some remorse. Concerningly, you initially sought to blame your 15-year-old stepson for the offending rather than taking responsibility for your own actions. You read a letter of apology to the court and I consider that you are now remorseful for your offending, which as you state, has had an effect on you, your family and the wider community.
Personal circumstances
21I turn now to your personal circumstances.
22You are a 50-year-old Dharug man, born in August 1974. You have an older sister and were raised by your mother after she separated from your father before you were born. When you were about three years of age, your mother commenced a relationship with your stepfather who was injured at work and turned to alcohol. He regularly inflicted physical violence upon you, your mother and sister.
23Your family moved frequently around New South Wales and Queensland, and you changed schools often.
24When you were 11, your mother died from a brain haemorrhage. You remained in the care of your stepfather, however he continued to be abusive and you were removed and placed into your maternal grandmother's care.
25You ceased formal schooling during the first year of secondary school. You began drinking at the age of 12 and commenced cannabis use at around the same time.
26You struggled to process your mother's death and experienced homelessness before you met your biological father when you were aged 13. You moved to live with him in Western Australia and experienced relative stability for some time before returning to New South Wales.
27When you were 16 you fathered your first child. Shortly afterwards you were placed into a State care boys' home for two weeks due to unpaid fines and offending behaviour. You were sexually abused there by a guard/football coach. You disclosed the offending to your grandmother who was supportive of you.
28You were released and returned to homelessness as your mental health deteriorated. You went back to Western Australia and again stayed with your father for a year. You were then able to live a stable life for a number of years in New South Wales, resulting in the birth of your second child. Your relationship ultimately broke down and you were imprisoned.
29You raced motorbikes professionally for a number of years but were left seriously injured after an accident, possibly sustaining an acquired brain injury.
30You entered another significant relationship, resulting in the birth of your youngest child. You also gained a stepson. You travelled around Australia as a family. Your life was stable for a number of years until your grandmother died in late 2023. You experienced a significant mental decline after this event as it was her wish that you address your trauma history. You began using methylamphetamine in the months leading up to this offending.
31You have experienced periods of stable employment, often in physical labour and trade roles but this has been impacted by your poor mental health. You have most recently worked in caravan parks around Australia.
32You began to use amphetamines when you were 38 years of age and did so for about a year. You only commenced methylamphetamine use in the months prior to this offending following the death of your grandmother.
33Since your remand you have participated in the Marumali, Aboriginal Men's Cultural Healing and Dardi Munwurro Programs amongst other courses. You have also commenced painting with the Torch but are yet to exhibit any artworks. It was your hope to have your matters heard in Koori Court but you were unable to obtain confirmation of Aboriginality. You have found the process of having to prove your Aboriginality distressing.
34
I received a psychological assessment from general psychologist Austin Campbell dated 22 February 2025. Mr Campbell diagnosed you with Complex
Post-Traumatic Stress Disorder and Substance Use Disorder.
35Mr Campbell reports that you:
… spoke of instability throughout [your] formative years and childhood. This appears to have had a significant impact upon [your] emotional and social development, further predisposing [you] towards the development of mental health issues and maladaptive behaviours throughout [your] life.
Sentencing factors and considerations
36Drugs and guns are all too often seen together by this court. In your case it was conceded by your counsel that 'the firearms are to some extent part of an ongoing criminal activity'.
37You have a relevant prior criminal history including possess precursor drug, manufacture prohibited drug, possess prohibited drug and possess shortened firearms offences in New South Wales. You have been sentenced to several custodial sentences.
38I must specifically deter you from committing further offences by the sentence I impose. You need to realise that this behaviour will not be tolerated by the courts or the community.
39General deterrence is also of paramount importance in cases such as this. The sentence I impose must serve to deter others from trafficking in drugs and possessing firearms, given the repercussions that are felt throughout the community from drug trafficking and associated criminality.
40I must give significant consideration to community protection given the nature of your offending.
41Your counsel, Ms Stanley, submitted that the principles in Bugmy v The Queen[1] are applicable in a general sense in this case. I find that your exposure to domestic violence, physical abuse and sexual abuse together with the death of your mother, your transient childhood and your lack of educational opportunities renders your moral culpability less than that of an offender whose formative years have not been so marred. I reduce the sentence accordingly.
[1] [2013] 249 CLR 571.
42You have reasonable prospects of rehabilitation if you are able to abstain from drugs and alcohol on your release and seek support for your mental health.
43I also take just punishment and denunciation into account.
44Trafficking in a drug of dependence in not less than a commercial quantity is a category 2 offence, meaning I must impose a sentence of imprisonment, not in combination with a Community Corrections Order. It was not submitted than any of the relevant exceptions apply.
45Totality is a further relevant consideration given the offending all took place on the one occasion.
Submissions
46Both counsel submitted that a head sentence and non-parole period is the only possible outcome in your case.
47Ms Stanley took me to several cases, namely Gregory (a pseudonym) v The Queen,[2] Fernando v The Queen[3] and Polos v The King[4] in relation to the trafficking charge and Director of Public Prosecutions v El-Sayegh,[5] in relation to the possession of a traffickable quantity of firearms charge. I have given consideration to these cases in terms of both principle and current sentencing practices.
[2] [2017] VSCA 151.
[3] [2017] VSCA 208.
[4] [2022] VSCA 258.
[5] [2022] VCC 506.
Disposition
48On Charge 1, trafficking in a drug of dependence in not less than a commercial quantity, you are sentenced to two years six months' imprisonment.
49On Charge 2, a rolled up charge of possessing a drug of dependence, you are sentenced to three months' imprisonment.
50On Charge 3, possessing a traffickable quantity of firearms, you are sentenced to two years six months' imprisonment.
51I direct that Charge 1 be the base sentence.
52I direct that 18 months of the sentence on Charge 3 be served cumulatively on the sentence imposed on Charge 1.
53For the avoidance of doubt, there is no cumulation on Charge 2.
54That makes a total effective sentence of four years' imprisonment.
55I direct that you serve a minimum non-parole period of two years six months before being eligible for release on parole.
56I declare that pursuant to section 18 of the Sentencing Act 1991 (Vic), you have served 393 days in custody by way of pre-sentence detention, excluding today.
57I grant the forfeiture and disposal orders sought by the prosecution.
58I declare that had you not pleaded guilty, pursuant to section 6AAA of the Sentencing Act 1991 (Vic), the sentence I would have imposed would have been a total effective sentence of six years with a minimum non-parole period of four years.
59Is there anything further, Mr O'Doherty?
60MR O'DOHERTY: No there isn't, Your Honour.
61HER HONOUR: Ms Stanley?
62MS STANLEY: No, Your Honour, and just for my client's benefit I have booked a conference with him at 4 o'clock this afternoon to go through those orders in detail.
63HER HONOUR: Thank you. We will provide draft reasons before then, so that you can discuss them with him. They will not be ready for publication today.
64MS STANLEY: I am most grateful, Your Honour.
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