Director of Public Prosecutions v Firebrace
[2025] VCC 792
•18 June 2025
| IN THE COUNTY COURT OF VICTORIA AT BENDIGO CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-24-00726
CR-24-00727
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANTHONY FIREBRACE and BRIANA OLIVER |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Bendigo | |
DATE OF HEARING: | 3 June 2025 | |
DATE OF SENTENCE: | 18 June 2025 | |
CASE MAY BE CITED AS: | DPP v Firebrace & Anor | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 792 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Burglary – Theft – Possess firearm in contravention of a firearm prohibition order – Relevant criminal history – Offending in company – Bugmy – Verdins.
Legislation Cited: Crimes Act 1958 ss 74(1), 76, 465; Firearms Act 1996 s 112B; Sentencing Act 1991 ss 6AAA, 18, 89(4).
Cases Cited:DPP v Roper [2020] VCC 544.
Sentence: Imprisonment for a period of 3 years with a non parole period of 2 years and 2 months (Firebrace); Community Correction Order for a period of 2 years (Oliver).
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr D Cordy | Office of Public Prosecutions |
| For Anthony Firebrace | Mr L Winter | Kurnai Legal Practice |
For Brianna Oliver | Ms E Murphy | Law and Advocacy Centre for Women |
HIS HONOUR:
Introduction
1Anthony Firebrace you have pleaded guilty to:
(a) one charge of burglary contrary to s 76 of the Crimes Act 1958 (‘CrimesAct’) which carries a maximum penalty of 10 years imprisonment (Charge 1);
(b) three charges of theft contrary to s 74(1) of the Crimes Act which carries a maximum penalty of 10 years imprisonment (Charges 2 (rolled-up), 3 and 4); and
(c) one charge of possess firearm in contravention of a firearm prohibition order contrary to s 112B of the Firearms Act 1996, which carries a maximum penalty of 10 years imprisonment (Charge 5).
2You have also admitted your Criminal Record.
3Brianna Oliver you have pleaded guilty to:
(a) one charge of burglary contrary to s 76 of the Crimes Act (Charge 1); and
(b) two charges of theft contrary to s 74(1) of the Crimes Act (Charges 3 and 4).
4You have also admitted your Criminal Record.
Circumstances of the offending
5A prosecution opening was tendered on the plea and may be summarised as follows:
6You, Anthony Firebrace and you, Brianna Oliver were in a relationship at the time of the offending and had been living together at an address in Kangaroo Flat.
7Western Region Crime Squad detectives commenced an investigation known as Operation WRCS-STANDARD-2023 which concerned a burglary in Stanhope and other unrelated matters.
8The burglary in Stanhope occurred on 6 January 2023 at an address in Tivey Grove (Charge 1).
9During the course of the burglary, various items were stolen including two firearms, ammunition and jewellery (Charge 2 & 3). Also stolen during the burglary was a Mazda BT-50 utility vehicle (Charge 4).
10On 6 January 2023, you Anthony Firebrace were subject to a firearms prohibition order (Charge 5). You were served with that order by Detective Acting Sergeant Cohen on 24 May 2018. The order expires on 24 May 2028. You are prohibited from possessing a firearm or firearm related items under the order.
11During the course of the morning on 6 January 2023, both of you were observed in various locations near Tivey Grove, Stanhope. You were in a red Mitubishi owned by you, Brianna Oliver.
12Victims, Austin Maxwell and Sandra Hughes resided at the Stanhope address and at approximately 10:00am on 6 January 2023, left their home to head to Kyabram.
13The victims own a Jaguar and a Mazda BT-50. On this occasion they departed in the Jaguar, leaving the Mazda BT-50 parked at their home.
14Between 10:00am and 10:30am, both of you and another person attended the Stanhope address in your vehicle, Brianna Oliver. You parked about five metres away from the rear gate facing Tivey Grove.
15You, Anthony Firebrace, then entered the residence at the Stanhope address as a trespasser and ransacked the home, opening all the cupboards and drawers.
16You, Brianna Oliver, remained with the vehicle and kept watch, with full knowledge your co-offender was committing a burglary.
17You, Anthony Firebrace located and took possession of the following items:
(a) a Beretta shotgun;
(b) a Sterling shotgun;
(c) approximately $6,000 worth of jewellery from the bedroom;
(d) a key to a Mazda BT-50 utility;
(e) the keys to a gun safe;
(f) associated ammunition; and
(g) a Mazda BT-50 utility.
18As noted, at the time of the burglary when you took possession of the two firearms, you were subject to a firearms prohibition order. You were also on bail and on a community correction order.
19At 11:05am, the Mazda BT-50 is captured on CCTV travelling south on Girgarre Rushworth Road Stanhope, towards Rushworth. Your vehicle, Brianna Oliver, is also captured on CCTV travelling on the same route.
20Between 11:30am and 12pm, the victims returned to their residence and discovered the break in.
21Mr Maxwell located a trifle cup at the rear of the church on the corner of Brand Street and Tivey Grove in Stanhope, where another witness told him your vehicle, Brianna Oliver, was sitting. Mr Maxwell obtained a plastic rubbish bag and placed the trifle cup inside and handed it to police on the same day.
22On 11 January 2023, Crime Scene Officer Leading Senior Constable Craig Rooney photographed the trifle cup and swabbed a small plastic spoon inside the cup. The Biological Sciences Group examined the swabs of the cup and located your DNA profile, Anthony Firebrace.
23On 17 January 2017 you, Brianna Oliver were arrested at the Elmore Bakery and your mobile phone was seized. Detective Senior Constable Luke Grelis photographed and searched your vehicle, which was located outside the bakery.
24Upon review of DSC Grelis’ photographs, it was established that the Waeco fridge from the BT-50 was in the rear of your vehicle. Your vehicle was searched again on 25 January 2023 and the Waeco fridge was still inside the vehicle.
25The Waeco fridge was identified by the victim, Mr Maxwell, as being in his BT-50 when it was stolen.
26On 17 January 2023, detectives from Western Crime Squad executed a search warrant, pursuant to s 465 of the Crimes Act at your residential premises. You were transported back to the Bendigo Police Station where you participated in a record of interview. You said the following:
(a) you denied involvement in the burglary;
(b) you admitted you had been in Stanhope on 6 January 2023;
(c) you claimed you had dropped off Mr Firebrace and a person called Jai Gibson at an unknown address;
(d) you claimed you had left Stanhope alone;
(e) you denied any knowledge of the burglary;
(f) you denied knowledge of the Mazda BT-50 utility vehicle; and
(g) you denied knowledge of the firearms.
27On 18 January 2023, detectives from Western Crime Squad executed a search warrant, pursuant to s 465 of the Crimes Act at a residential premises in Spring Gully. During a search, the canopy belonging to the Mazda BT-50 was located, seized and photographed.
28On 3 February 2023, the Mazda BT-50 was recovered in a caravan park in Harrietville.
29You, Anthony Firebrace, were arrested on 25 January 2023, and subsequently interviewed on 26 January 2023. During the course of the interview, you exercised your right to make no comment. However, you denied you had committed the burglary in Stanhope. You were remanded in custody on 25 January 2023.
Nature and gravity of offending
30The charges that are common to both of you are Charge 1, burglary and Charges 3 and 4 representing the theft of jewellery and the motor vehicle respectively. While not high end examples of the offences of burglary and theft, they remain serious charges as they involve the invasion of a private home and the theft of personal items.
31Turning to you Brianna Oliver, your plea is put on a complicity basis, acting as a lookout with the requisite knowledge that your co-offender had entered the premises with an intent to steal.
32You, Anthony Firebrace have also pleaded guilty to an addition rolled up charge of theft relating to the two firearms and ammunition, although I note that while the theft of two firearms and ammunition in this instance is a very serious offence, you have not been charged with the specific offence of theft of firearms contrary to s 74AA which carries a maximum penalty of 15 years imprisonment. Nonetheless, the theft of the firearms also gives rise to Charge 5, that being a person to whom a firearms prohibition order applies, you possessed the two firearms which is also a very serious offence.
33I was told on the plea that the two firearms have not been recovered. It is self evident that following the burglary, you either sold or passed the two firearms on to another person. In the circumstances in my view, the theft and possession of the two firearms are very serious offences, as your conduct has contributed to the illegitimate flow of firearms in the community which can lead to serious criminal activity.
34I also note that you were on bail and a community correction order at the time of this offending, further elevating the seriousness of your conduct.
Personal circumstances
Anthony Firebrace
35You are currently 38 years of age.
36You were born in Shepparton and raised by your biological mother. You are of Aboriginal descent. You have two maternal half siblings. You did not meet your biological father until you were 19.
37You report that your mother was a chronic alcoholic who drank throughout her pregnancy. In childhood, you frequently witnessed physical and sexual violence against your mother perpetrated by her domestic partners. You were also a victim of these assaults.
38You were removed from your mother’s care by the Department of Health and Human Services when you were around eight years old. You lived with your maternal grandparents and report being disciplined by your grandfather. You state that you were deeply affected by the death of your grandmother in 2021 and described her as a motherly figure. After a brief return to your mother’s care, you left home and school at age 15 and were drinking alcohol and smoking cannabis daily. You report daily methamphetamine use and recreational use of GHB prior to your remand for these matters.
39You met your former partner when you were 19 and you were together for 14 years. You have three children together. You report that mutual drug use was a prominent feature of the relationship and that you began trafficking illegal substances to provide for your children and fund you and your partner’s addiction. Because of this, your children were removed from your care.
40Upon release from custody in early 2022, you entered residential rehabilitation at Odyssey House. You did experience a period of stability and sobriety including obtaining housing with your co-offender in this matter, full time employment at a poultry farm and positive engagement with AOD counselling. Unfortunately, in October 2022, you lost your rental accommodation due to flooding which consequently caused your mental health to decline and you relapsed into methamphetamine use followed by this offending.
41Despite your transient lifestyle, you have maintained periods of stable employment. You have completed a Certificate III in Community Services and Youth Work. You have also worked as a mechanic, in plastering and as a labourer.
42You have been diagnosed with ADHD and report you have difficulty with sustained attention, misplacing items when distracted, and impulsivity. A neuropsychological report of Dr Rachel O’Meara dated 16 May 2025 was tendered on the plea. Dr O’Meara opines that your ADHD symptoms may improve if you obtained pharmaceutical treatment, although it is noted that you were highly resistant to the suggestion of such treatments when assessed.
43Further, in a psychological report of Sandra Cokorilo dated 2 May 2023, it is again noted that your engagement with mental health intervention is very limited. She notes that your historical and recent trauma has never been addressed and is unlikely to resolve without the appropriate treatment.
44You also have disclosed diagnosis for PTSD, personality disorder, depression, anxiety and stimulant use disorders. When assessed by Dr O’Meara, you described symptoms consistent with depression such as a depressed mood, insomnia and decreased concentration. You report that you use substances as a way of self medicating and you have been assessed by Dr O’Meara as suffering substance use disorder.
45You have a lengthy criminal history with many periods of incarceration. During your remand in relation to this matter, you have engaged well with prison programs. You have been given the role of ‘peer listener’ which is a highly valued role in the prison environment, facilitating conversations between other inmates and prison staff. You are also connected to Country and have been participating in the Torch Program selling your artwork, some examples of which were tendered.
46At present you speak daily with your son and are motivated to reengage with your daughters, and granddaughter. You hope to attend residential rehabilitation at the Cottage and work as a youth worker upon release. Dr O’Meara emphasises obtaining stable accommodation and employment will be protective factors against reoffending and asserts that your interest in obtaining employment is encouraging.
Brianna Oliver
47You are currently 31 years of age.
48You grew up in Echuca and you are the youngest of four children. You were raised by your mother and have a good relationship with her to this day. Your father passed away in 2022.
49You attended St Mary’s Primary School and St Joseph’s Secondary College in Echuca.
50You gave birth to your daughter at the beginning of year 10. You took time off school and returned midway completing year 10 and 11, leaving school midway through year 12. You report you have no relationship with your daughter’s father. Your daughter is in your full time care.
51After leaving school you completed certificates in child services and early childhood education although your work history thus far is in hospitality.
52You lived in Rochester for nine years. In these times, your daughter would spend time in Echuca to be close to school. Your mother provides ongoing support and stability to you both.
53You lost your rental property in Rochester due to floods and moved to Bendigo in August 2022. At this time, your daughter stayed in Echuca with your mother.
54In September 2023, the organisation ‘Orange Door’ assisted you with obtaining housing in Echuca. Your daughter began to live with you again and has been with you since. Your mother lives close by, offering support.
55You were in a relationship with the co-offender for approximately three years. The last 12 months of the relationship was marred by family violence where you were subject to verbal and physical abuse resulting in a limited intervention order granted on 24 January 2023 in the weeks following this offending.
56You have a history of methamphetamine use which you ceased when you were approximately 23, however recommenced in the context of the relationship with your co-offender. You state that the period of some 30 days in custody following your arrest, while difficult, was positive in that you ceased using drugs and subsequently completed the CISP bail program. You have been on bail since February 2023 and have not reoffended.
57You have secured part time employment as a housekeeper with Quest Apartments working 25 hours per week since February 2025. A letter from your employer attests that you are a reliable and responsible employee and have become an invaluable asset to your team.
58You have a limited prior criminal history involving some dishonesty matters and driving matters. I note that you successfully completed a community correction order in 2019.
59A report of clinical psychologist, Carla Lechner dated 17 April 2025 was tendered on the plea providing a comprehensive personal and psychological profile. Ms Lechner is of the opinion that you would benefit from ongoing treatment in the community in order to consolidate the rehabilitative gains you have made over the past two years.
Sentencing considerations
60Common to both of you are your pleas of guilty.
61The matter resolved following a contested committal and negotiations in relation to the appropriate charges to be included on the indictment.
62While your pleas of guilty cannot be considered as early pleas, they nonetheless have saved the court the significant time and expense of a jury trial. By bringing the matter to a conclusion you have both facilitated the course of justice.
63Turning to matters specific to you Anthony Firebrace.
64Mr Winter who appeared on your behalf submitted that your traumatic and deprived childhood are such that Bugmy principles are enlivened. Having reviewed the materials I accept that you have indeed suffered significant deprivation in your formative years which has impacted your decision making into your adulthood. I therefore accept that Bugmy principles in the general sense can be given some weight.
65While Verdins principles were not specifically relied on I take into account the psychological material noting that in 2023 you exhibited symptoms of PTSD and in 2025, sever symptoms of depression.
66Turning to your prospects of rehabilitation, you come before the court with a significant prior criminal history that includes a conviction in 2017 for being a prohibited person in possession of a firearm. I also note that when you committed these offences you were on a community correction order from a sentence imposed in June 2022 in combination with a term of imprisonment. Further, the nature of Charge 5 is based on a contravention of an order that you not possess firearms. That said it appears that whilst on remand you have used your time well; you have become a ‘peer listener’, you have engaged in your art and you have stated that you wish to engage in youth work upon your release. Clearly you have the capacity to reform, however based on your prior criminal history, which is linked to your long term drug addiction, in my view your prospects can only be considered as guarded at best.
67Turning to matters specific to you Brianna Oliver.
68Like your co-offender, Verdins principles were not specifically relied on however Ms Murphy who appeared on your behalf, relied on the findings of Ms Lechner as to your depression and likely post trauma symptoms noting Ms Lechner’s recommendations in relation to ongoing treatment in the community.
69Delay was relied on in the sense that for some 28 months since you have been on bail you have successfully completed the CISP program, you are employed, you have the full time care of your daughter, and most importantly, you have remained drug and crime free. I take this aspect of delay into account.
70Turning to your prospects of rehabilitation more specifically, the matters I have referred to in relation to delay are also relevant when considering your prospects of rehabilitation. You have clearly moved away from the relationships that exposed you to drug use and criminal activity. You have demonstrated a sustained period of stability and while you have some criminal history, you have not reoffended or relapsed into drug use. In all the circumstances I assess your prospects as very good.
71Ms Murphy submitted that while parity must be considered in any sentencing exercise involving the sentencing of co-offenders, in this instance it was submitted that the principle has limited application, given the different charges applicable to each co-offender and the very different personal circumstances. In my view, in all the circumstances there is a basis for what may appear to be a disparity in the sentences that I intend to impose. The most relevant matter is the fact that your co-offender has pleaded guilty to the very serious additional charges of theft and possession of firearms in contravention of a firearm prohibition order, a charge for which he also has a prior conviction. I note also that your co-offender has a more substantial criminal history and that your prosects of rehabilitation are markedly different.
72Ms Murphy submitted that having regard to your limited role in the offending together with your progress since the offending, a community correction order is the most appropriate disposition. Mr Cordy, who appeared on behalf of the Director of Public Prosecutions submitted that a community correction order is within range. I had you assessed for a community correction order and you have been found suitable. In my view in all the circumstances a community correction order is able to meet the relevant sentencing considerations in this instance. The order I impose will not be a combination order of imprisonment with a community correction order, however I have taken into account the 30 days imprisonment you served before being granted bail.
73Turning to you Anthony Firebrace, Mr Winter submitted that while a term of imprisonment is called for, in all the circumstances the sentence should not exceed the time that you have already served which is approximately 27 months. In my view given the serious nature of your offending, the total effective sentence must exceed the time that you have already served and that a head sentence with a non parole period is the most appropriate disposition.
74In terms of comparative cases, Mr Winter referred to DPP v Roper,[1] a case that involved two separate burglaries where firearms were stolen on each occasion. The offender was also sentenced for being in possession of a traffickable quantity of firearms. The total effective sentence was 2 years imprisonment. I note however that he did not face a charge of being a prohibited person in possession of firearms and was subject to a discount in sentence as a result of the impact of the COVID-19 pandemic on prisoners. I have considered this case however each case must turn on its own facts.
[1] [2020] VCC 544.
Sentence
75Mr Firebrace would you please stand.
76Anthony Firebrace, on Charge 1, burglary, you are convicted and sentenced to 18 months imprisonment. On Charges 2 and 4, theft, you are convicted and sentenced to 12 months imprisonment on each charge. On Charge 3, theft, you are convicted and sentenced to 6 months imprisonment. On Charge 5 possess firearm in contravention of a firearm prohibition order, you are convicted and sentenced to 2 years and 6 months imprisonment.
77I direct that 6 months of the sentence imposed on Charge 1 be served cumulatively on the sentence imposed on Charge 5 making for a total effective sentence of 3 years imprisonment. I direct that you serve 2 years and 2 months before becoming eligible for parole.
78Pursuant to s 18 of the Sentencing Act 1991 (Sentencing Act), I declare that 852 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
79Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 4 years imprisonment with a non-parole period of 3 years.
80Ms Oliver would you please stand.
81Brianna Oliver, on Charge 1, burglary and Charges 3 and 4, theft, you are convicted on each charge and will be placed on a community correction order for a period of 2 years. In addition to the standard conditions that apply to all community correction orders, you will be required to undertake treatment and rehabilitation in relation to drug use, your mental health and programs to reduce reoffending. You will also be subject to supervision.
82Pursuant to s 6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a period of 12 months imprisonment together with a community correction order.
83Pursuant to s 89(4) of the Sentencing Act in relation to the theft of the motor vehicle, in relation to both of you, any licence you hold will be suspended for a period of 2 months from today. In suspending your licences for a relatively short period I have taken into account the impact of a licence suspension on your rehabilitation.
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