Director of Public Prosecutions v Haddara

[2014] VCC 536

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 13-00451

DIRECTOR OF PUBLIC PROSECUTIONS

v

RABIEH HADDARA

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JUDGE:	HER HONOUR JUDGE GAYNOR
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	16 April 2014
CASE MAY BE CITED AS:	DPP v Haddara
MEDIUM NEUTRAL CITATION:	[2014] VCC 536

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms A Ellis
For the Accused	Ms S Tricarico

HER HONOUR:

1Rabieh Haddara, you have pleaded guilty before me to one charge of trafficking in a drug of dependence, three charges of possessing, carrying or using an unregistered firearm as a prohibited person, four charges of possessing, carrying or using a firearm as a prohibited person and two charges of possessing a drug of dependence. You also pleaded guilty to the following summary charges, they being three charges of possessing cartridge ammunition without a Firearm Licence or Permit, one charge of possessing protected wildlife, being a fresh water crocodile, without a licence or other authorisation, one charge of possessing a prohibited weapon, namely a point 45 calibre hand gun, one charge of possessing a prohibited weapon, namely three Samurai swords in sheaths, one imitation revolver, one crossbow, one black flick knife and a large metal sword with a serrated edge, and another charge of possessing a prohibited weapon, being a Yukon crossbow, two charges of driving whilst disqualified, and two charges of un-licenced driving. These offences were uplifted to be heard with matters on the indictment pursuant to s.145 of the Criminal Procedure Act [2009]. You have also admitted prior convictions.

2The facts underlying your offending are as follows:  in October 2011, Victoria Police began an investigation into drug trafficking by you and your co-accused, Estampador, for the possession and sale of unregistered firearms by you.  You and (indistinct) were the co-owners of a business, R & E Mechanical Repairs at 14 Spencer Street, Sunshine West, referred from now on as the factory.  As the investigation developed, police became aware of other participants including co-accused, Engin Ozkan and Giuseppe Minoria.   Telephone intercepts were used over a period of 91 days, during which a large number of calls relating to drug sales and firearms were recorded. 

3By way of lead-up into the investigation on 5 December 2012, you checked into a hotel in Southbank which room you paid for in case on daily basis between 5 December 2011 and 24 February 2012, amounting to $25,475 in accommodation fees.  On 30 December 2011, you were intercepted by police driving in Footscray, and a hand-written note was located in your possession, detailing various names and amounts outstanding in relation to drug and firearms sales.  On March 1 2012, investigators obtained a warrant to your mobile phone and telephone intercepts were placed.  They revealed you and Estampador trafficked methyl amphetamine on a daily basis in quantities ranging from point five of a gram to multiple ounces. 

4Estampador supplied methyl amphetamine or Ice to you on request and to Minoria.  Telephone intercepts revealed that you trafficked 300.3 grams of methyl amphetamine between 1 March and 31 May 2012.  You also sold a total of 56 grams of Ice to a police operative between 15 March and 31 May 2012, which drug was supplied to you by Estampador at your request.  On one occasion, 30 March 2012, you told the covert operative you sold five to six ounces of methyl amphetamine a week, working from Thursday through to Monday, selling drugs over the weekends, on this basis selling 140 grams of methyl amphetamine during the period of offending.  So the quantities that you trafficked during the relevant period were 56 grams to the covert operative, 300.3 grams to other individuals, as demonstrated by telephone intercepts, and 140 grams being five bags, each containing an ounce.  The total quantity of methyl amphetamine or Ice trafficked by you, therefore, was 496.03 grams.

5These actions underlie Charge 1 on the indictment, trafficking in a drug of dependence.  I attach the very detailed and helpful prosecution opening to my sentencing remarks.  They contain details of the conversations which were intercepted, together with your meetings with the covert operative, the drug sales that took place to him, and an Appendix A, as to the details.  The conversations revealing drug sales made to you by other persons comprising the 300.3 grams I have referred to.

6During your conversations with the covert operative, you said you could provide ounces of methyl amphetamine for $12,000 and ounces of cocaine for $11,000 and could do a cheap price if full bags were purchased.  During a meeting on 13 April 2012, between yourself and the covert operative at the factory, during which you sold him seven grams of Ice, you also said you could obtain firearms.  When asked what sort of firearms you could provide, you took your mobile phone and showed the covert operative three photographs of guns, some of them being semi-automatic weapons and a large hunting knife.  You told him you had two AK-47 firearms you would sell for $8000 each with ammunition; that you could supply hand guns for about $6000, and pen pistols for $1000 each.  Later that day, you sold the covert operative a point 22 calibre pen pistol for $1000, that sale underlying Charge 2 on the indictment, prohibited person possessing an unregistered firearm.  You then discussed with the covert operative, the sale of the AK-47 for $8000, saying you would provide "heaps" of ammunition at the time of sale. 

7On April 16 2012, the covert operative arrived at your factory in the morning, paying $5000 as part payment for the AK-47 which was later handed back to him after you attended your address but could not get in.  It was clear, however, from the conversation that you had possession of this firearm and that underlies Charge 3 on the indictment, being a prohibited person possessing an unregistered firearm, being an AK-47 handgun. 

8That night, the covert operative purchased a point 762 calibre SKS semi-automatic rifle with a 29 round magazine and 10 rounds of point 762 calibre ammunition, which sale underlies Charge 4 on the indictment prohibited person possessing an unregistered firearm, an SKS semi-automatic rifle.  The ammunition sale underlies summary charge 9, possess cartridge ammunition without permit or exemption.  On April 23 2012, during the course of another amphetamine sale, you told the covert operative you could sell him two guns for $6000.

9On 8 May 2012, you communicated via text message with the covert operative over the sale of an M-1 Carbine semi-automatic rifle.  That evening the covert operative paid you $6,000 cash for which he received a fully functional M-1 Carbine semi-automatic rifle with one 15 round magazine, one ten round magazine, and 87 rounds of .30 calibre ammunition.  The sale of this item underlies Charge 5 on the indictment, prohibited person possess unregistered firearm (M-1 Carbine semi-automatic rifle.)  The sale of the ammunition underlies summary Charge 12, possession of cartridge ammunition without permit or exemption.

10On 14 May 2012, you sent an SMS message to the covert operative over the sale of the .45 calibre handgun, as well as ice.  Later that evening you sold him a silver coloured handgun, purporting to be a .45 calibre handgun for $6,500.  Subsequent analysis revealed that item was an imitation firearm and your possession and sale of it underlies summary Charge 13, possess prohibited weapon without exemption or approval. 

11On 30 May 2012, you received an SMS message from an associate, Catarina Faulkner, during which she asked you if you had any firearms for sale.  You said you had a .22 calibre shotgun at your house, which you would sell her for $500, saying you would provide her with as many shells as she wanted. 

12The next day police executed a search warrant at your house, where a Stirling .22 calibre rifle was located, underlying Charge 6 on the indictment, a prohibited person possessing an unregistered firearm (Stirling .22 calibre rifle).  Also located were .22 calibre rounds of cartridge ammunition in kitchen drawers.  A quantity of cartridge ammunition was located in a bag under a TV in the living room, underlying summary Charge 6, possessing cartridge ammunition without a permit or exemption.  Two .22 calibre pen pistols were located in the centre console for your car, underlying Charges 7 and 8 on the indictment, prohibited person possessing unregistered firearm, one pen pistol in relation to each.

13A one year old water crocodile was located in a fish tank in a living room, underlying summary Charge 22, of possess wildlife without a licence.  A large metal sword with jagged edges was located in the kitchen cupboard, a crossbow in a zip-up case was located in the master bedroom, three Samurai swords in cases were located on a kitchen bench, and a black handled flick knife was located in your car.  All these items and your possession of them, comprising summary Charge 21, possess prohibited weapon without exemption. 

14

At the garage factory, a crossbow was located in the second level, underlying summary Charge 26, possess prohibited weapon without exemption. 

4.9 grams of  cannabis were also located in a cupboard in the front office of the garage factory, underlying Charge 10 on the indictment, possession of a drug of dependence.  Various items including aerosol cans and snap-lock plastic bags containing powders and crystal substances were also located.  Analysis revealing those items which were found at your home, contained 34.98 grams of testosterone, 2.8 grams of nandrolone, 6.7 grams of trenbolone and 8.8 grams of methandienone.  This underlies Charge 9 on the indictment, possess anabolic-androgenic steroidal agents. 

15On 24 November 2001 you were seen driving a car in Spencer Street, Sunshine West, at which time you were disqualified from driving a motor vehicle for three months, effective from 8 November 2001.  These actions underlie summary Charge 28, drive whilst disqualified. 

16On April 13 2012, you were seen driving a car along Spencer Street, Sunshine West, during which time you were not licensed to drive a motor vehicle in Victoria.  And you were again seen driving a car on Spencer Street, Sunshine West on 16 April, at which time again you were not licenced, and these actions underlie summary Charges 28 and 29, unlicensed driving. 

17On May 31 2012 you were seen driving a car in Spencer Street, Sunshine West during which time you were disqualified from driving a motor vehicle for one month, between 15 May and 14 June 2012, due to a traffic notice issued for excessive speeding and your actions underlie summary Charge 31, drive whilst disqualified.

18Upon execution of the search warrant on 31 May 2012, special operations group members saw you trying to run through a rear yard of a factory and you were arrested a short time later, remaining at the premises while a search was undertaken and then conducting a "no comment" record of interview with police, back at Police Headquarters. 

19The prosecution opening, in outlining the various sales of drugs that took place at a covert operative, involved you directing other co-accused, such as Estampador and Minoria and other associates to bring drugs to you.  You were handling very large amounts of cash in the thousands of dollars.  You weighing drugs and using $50 notes as a scoop.  I am satisfied that you took a leading role in the criminal activities that were being conducted from the garage. 

20The maximum penalties for the offences are as follows:   

(1) Trafficking in a drug of dependence, pursuant to s.71(a)(c) of the Drugs, Poisons and Controlled Substances Act 1988, is 15 years imprisonment. 

(2) Prohibited person possessing an unregistered firearm, contrary to s.5(1A) of the Firearms Act, is 15 years imprisonment or 800 penalty units. 

(3) The charge of prohibited person possessing a firearm, contrary to s.5(1) of the Firearms Act, is ten years imprisonment or 1200 penalty units.

(4) The maximum penalty for possessing anabolic and androgenic steroidal agents, contrary to s.73(1) of the Drugs. Poisons and Controlled Substances Act, is one years imprisonment or 30 years penalty units, if satisfied it is not for the purpose of trafficking, or 400 penalty units or five years imprisonment in the other case. I should note that it is not alleged that the possession of these substances was for anything other than personal use.

(5) The maximum penalty for possessing cannabis, contrary to s.73(1) of the Drugs, Poisons and Controlled Substances Act 1981 is five penalty units, where the offence was committed for the purpose of trafficking cannabis, and here there is no evidence that the cannabis was possessed for the purpose of sale.

21In relation to the summary offences,

(1) The maximum penalty for the Charge of possessing protected wildlife without a licence is six months imprisonment and/or a fine of 50 penalty units.

(2) The charge of possessing a prohibited weapon without exemption, contrary to s.5(AA) of the Control of Weapons Act is two years imprisonment or 240 penalty units.

(3) The maximum penalty for possession of cartridge ammunition, contrary to s.124.1 of the Firearms Act is 40 penalty units.

(4) The charge of driving whilst disqualified is 30 penalty units or four months gaol for a first offence and 240 penalty units, or two years imprisonment for a subsequent offence. 

(5) The maximum penalty for unlicensed driving is three months imprisonment or 25 penalty units. 

22You were remanded in custody upon your arrest on 31 May 2012 and have remained there since.  During the period between your arrest and the plea date, you served two separate periods of imprisonment for breach of an ICO and a suspended sentence for which you received four months, served between 30 June and 28 October 2012, and one months' sentence for arson, served between 16 July and 15 August 2013. 

23I have dealt with your co-accused.  Estampador pleaded guilty to a charge of trafficking, between 1 March and 31 May 2012, as well as driving offences and possessing the proceeds of crime and was sentenced to a total effective sentence of five years and five months, with a non-parole period of two years and five months. 

24Giuseppe Minoria pleaded guilty to one charge of trafficking in a drug of dependence, between 1 March and 31 May 2012, arson, theft and other charges, and was sentenced to a total effective sentence of two and a half years, with a non-parole period of 18 months. 

25Engin Ozkan pleaded guilty in the County Court to one charge of trafficking in a drug of dependence on 4 May 2012, being seven grams to a covert operative, at which time you were present; one charge of possessing an unregistered Category D longarm, as well as the summary charge of possessing cartridge ammunition, which was in relation to a firearm sale organised by you.  He was convicted and sentenced to a total effective sentence of 15 months imprisonment, wholly suspended for two years and fined $200 for the summary offence.

26I now turn to your personal circumstances.  You are now 26 years of age and were 25 when you were arrested.  You have three older brothers and an older sister.  Your father died in 2010 after a long battle with bone cancer.  Your mother, aged 63, suffers a serious coronary disease.  Your childhood was marred by a distant relationship with your father, who severely physically chastised you and he brought hardship on the family by his gambling.  You developed a closer relationship with him in your adult years.  You have a good relationship with your mother and sister. 

27You attended Bayside High School in Altona North, but habitually truanted, fought with other children and were repeatedly suspended.  You left school functionally illiterate, your inability to read and write, apparently being missed by teachers, and you in fact paying other students to complete assignments for you. 

28

After leaving school you began a motor mechanic's apprenticeship in Geelong, where you studied for two years but had trouble with classwork and again, relied on the assistance of others for written tests, and eventually had to cease.  You then got work with a car sales company, where you were employed for three or four years, then worked with the Mitsubishi car factory in Hoppers Crossing, which was apparently compromised by the

well-publicised conflict of your immediate and extended family, the Chaouk family. 

29During this conflict, one of your cousins were killed, you attending the scene of his death.  You left Mitsubishi and then founded your own business, R & E Mechanical Repairs in Sunshine West.  This was the scene of much of the drug traffic and sale of illicit firearms. 

30Between the ages of 15 and 24 you were in a relationship, of which two children have been born, but that relationship deteriorating in the face of your escalating drug problems and criminal behaviour, and you now have little contact with your former partner and see your sons, who are aged five and two, about once a month in the gaol. 

31Your counsel told me that the mechanical business, R & E Mechanical Repairs was an existing business which you took over, the premises requiring a great deal of cleaning up.  It was properly registered and it was your belief this was going to be a legitimate undertaking. 

32You began using amphetamines when you were 15, about a gram a day, then at 16 began using ice, developing a habit of up to seven grams a day.  You apparently used cocaine and heroin about once or twice a month.  You have also tried LSD and have used cannabis daily from the age of 16 until your arrest, and have abused steroids.  You used alcohol on the weekends. 

33You told psychologist, Tim Watson-Munro, whose report dated 27 November 2013 was tendered on the plea, that you fell into a deep depression around the time your father's illness was diagnosed and your already difficult problem with ice began to increase dramatically.  In this context you were unable to maintain the legitimate side of the business and instead turned to the sale of drugs and firearms to fund your drug habit. 

34You have some criminal history, dating from 2006 when you were dealt with for unlicensed driving, dangerous driving, reckless conduct endangering serious injury, for which you were placed on a Community Based Order, but which you breached for failure to comply.  You were fined in 2009 for hindering police.  You continued to be dealt with for further failure to comply with you Community Based Order, which is ultimately cancelled. 

35In March 2011 you were dealt with in the Melbourne Magistrates' Court on charges of making a threat to kill, criminal damage and possessing a weapon without exemption or approval, for which you were placed on a further Community Based Order. 

36On 8 November 2011 you were dealt with for unlicensed driving and using a handheld mobile phone whilst a vehicle moving, for which you were placed on a suspended sentence.  Again on that date you were dealt with for failing to comply with the Community Based Order and sentenced to four months imprisonment, to be served by way of an Intensive Corrections Order. 

37Finally you received one month imprisonment, which was wholly suspended, for a charge of unlicensed driving on 8 February 2012. 

38It was your counsel's submission, and I accept, you have a relatively confined or not terribly long prior criminal history.  Your counsel noted there was little to indicate by way of enrichment, as a result of your activities, apart from you paying the hotel bill. The unit in Essendon where you live was rented, although I notice it was extremely well furnished. 

39Whilst you conducted a contested committal, offers to plead guilty to the firearm offences were made at a very early stage, as well as the summary offences, but a dispute lay over the drug trafficking charge.  You were originally charged with trafficking in a commercial quantity of methylamphetamine, and offered a plea to traffic simplicity was rejected and a committal was run on a contested basis, only on the issue of the amount of the drug allegedly trafficked.  The charge against you ultimately was one of trafficking simpliciter and I therefore accept you made a plea at an early opportunity.  You have never before been gaoled.

40You continue to enjoy the support of your mother and sister, who visit you on a regular basis, and on your release from gaol, will have a home with your mother. 

41

Some difficulty in the plea arose over the testing by Mr Watson-Munro, leading him to the conclusion that you are intellectually disabled.  Further it was the assertion of Mr Watson-Munro that you had suffered a major depression with a feature of anxiety, since your adolescence and hence at the time of your offending.  It was further, Mr Watson-Munro's view that your amphetamine use, which he described as being of majestic proportions, had led to substantially impaired judgment and psychotic episodes, including auditory and visual hallucinations, so that it was, he believed, "Quite arguable that this man's judgment and appreciation of the gravity of his behaviour was compromised due to the confluence of his addiction and his underlying

psychopathology."

42Your counsel put to me on that basis that the Verdins principles in relation to moral culpability, should thus have application, that is, I should accept that because of your drug addiction, because of your intellectual disability, because of your major depression disorder, you had less moral culpability for your offending. 

43

I had some concerns with this assessment, given the clearly leading organisational role you played in this criminal activity, which involved the supply of drugs and firearms, and you were further tested at my request by the Forensicare principal consultant psychologist, Professor Michael Daffern.  The testing resulted in a composite score that represented general intellectual ability, which results indicated your full-scale IQ fell within the extremely low range.  However, Professor Daffern stated, "It is worth noting that

Mr Haddara's score on the WAIS4 may have been influenced by his low mood, low self-advocacy and deliberate attempt to appear impaired.  The WAIS does not contain any validity measures to assess the extent to which the scores obtained, are an accurate reflection of an individual's level of intellectual functioning.  As such, if an individual does not exert full effort to do as well as possible on the test, the scores will be artificially depressed."

44

Your test performance and the genuineness of your efforts was explored using a validity indicator profile, the results of which Professor Daffern said were somewhat contradictory.  However, he said, "On both parts of this test, his response style was invalid, indicating the test results likely do not reflect his true abilities.  Results of the verbal subtests suggest that he intended to do well and applied a sustained effort for some of the items, but then he may have performed better if he had tried harder.  His performance on the

non-verbal subtest suggests he intentionally chose incorrect answers to some of the items in an effort to appear impaired." 

45He said, "Mr Haddara's validity indicator profile test results, (that is, the supressed performance finding) are extremely uncommon, even in people with intellectual disability who are exerting full effort."  And he therefore gave his opinion that, "Based on clinical assessment in his self-report, I believe his intellectual ability is well below average, but it is highly unlikely that his range of intellectual functioning is in the intellectual disabled range."  In other words, he specifically applied testing which showed that you, Mr Haddara, were trying to appear intellectually disabled.

46Further, whilst it was the view of Mr Watson-Munro that you had been suffering from a major depressive disorder since your teens, it was the view of Professor Daffern that there was, "No substantial evidence of depression prior to the aforementioned deaths, that is the deaths of your father, uncle and cousin, in about 2010 and 2011", and that while he believed you were currently experiencing a major depressive disorder it was unclear whether you suffered this after the onset of your cannabis and amphetamine use, but before the series of deaths.  He did state, "On balance, however, I believe he was likely experiencing depressed mood during his period of offending, as evidenced by a self-reported suicide attempt, psychosocial decline and the disillusion of his intimate relationship and the effects of prolonged substance abuse."

47It was Professor Daffern's view that you limited intellectual ability does impact on your ability to made decisions effectively and efficiently.  He believed you had a long history of anti-social behaviour, so that your decision making and judgment at the time of the offending would have been influenced by a long-standing, anti-social tendency, "Including a hostile interpersonal style.  A preference for asserting his rights at the expense of others and impulsive and self-centred decisions." 

48You apparently described to Professor Daffern distorted sensory experiences, including visions when you are falling asleep, noises in your cell and a history of, "auditory and visual perceptual abnormalities when intoxicated with amphetamines."  Professor Daffern said these visions are noises likely represented relatively common, albeit an unusual experience, frequently reported by people at the onset of sleep and when waking up. 

49You apparently attempted suicide in custody a year ago and reported a suicide attempt following your father's death.  You are not currently suicidal.  You take anti-depressant medication and you see a psychiatric nurse weekly. 

50Professor Daffern noted that poly-substance abuse in your case, regular use of cannabis, alcohol and ice, as well as occasional use of cocaine and heroin, could interfere with executive functioning, cause memory impairment, problems with memory and information processing speed.  It was submitted by your counsel that certainly the drugs you were using led you to grandiose and reckless behaviour and I accept this. 

51Following the testing administered by Professor Daffern, I am not prepared to accept that you have an intellectual disability, or that you were suffering from a major depressive disorder at the time of the offending.

52I am prepared to accept that you do have general low intellectual functioning.  At the time of this offending you had a grandiose drug habit, which was fuelled to some extent by depression and distress over family deaths, and I do accept the you currently have a major depressive disorder. 

53I accept you are a relatively young man, that this is your first experience of prison and that it has been very hard for you.  I accept your previous criminal history is limited and certainly unrelated to the offending before this court, particularly the drug charges. 

54I accept that as a result of your depressive disorder, your time in gaol is going to be harder for you than the normal prisoner, that is, I accept the limb of the Verdins decision, that limb of the Verdins decision has application to you.  However you have committed very serious offences, in terms of the amount of drug trafficked, which is at the high end of the scale, and particularly in relation to your selling of sinister and highly destructive firearms. 

55Whatever lay behind your offending, Mr Haddara, I have no doubt that you were engaging in continuous, extremely criminal, and very dangerous offending, which posed a genuine threat to the community overall, particularly insofar as the sale of firearms were concerned.  The damage that can be conflicted by an SKS weapon, a semi-automatic rifle, and a carbine alone is immense, and I regard your possession of that weaponry as being a serious example of a serious crime.

56I am satisfied you were the prime organiser of the criminal activity involving the three co-accused with whom I have already dealt.  I am satisfied, despite your lack of prior convictions, which is in contrast to Mr Estampador in particular, that the principles of general deterrence, just punishment and protection of the community dominate the sentencing exercise before me, that you had access to such destructive weaponry and were prepared to sell it on in this illicit fashion in order to support your own drug habit, was conduct so reckless of community safety and so criminal in its nature, that only the sternest response from a court could be expected.

57In sentencing you I do have regard to the mitigatory factors I have just outlined, but overwhelmingly your engagement in the reckless and criminal sale of these lethal weapons, as well as trafficking continuously in a drug which is so ruinous, not only to you, but which is wreaking havoc, particularly to young men throughout the community, and the primary role you played in organising and facilitating these crimes, means you must be the recipient of a substantial sentence of imprisonment. 

58I therefore sentence you as follows:  Can you stand up please?

On Charge 1 you are sentenced to three years imprisonment.

On Charge 2 you are sentenced to one year imprisonment.

On Charge 3 you are sentenced to two years imprisonment.

On Charge 4 you are sentenced to two years imprisonment.

On Charge 5 you are sentenced to two years imprisonment.

On Charge 6 you are sentenced to two years imprisonment.

On Charge 7 you are sentenced to one year imprisonment.

On Charge 8 you are sentenced to one year imprisonment.

On Charge 9 you are sentenced to one month imprisonment.

On Charge 10 you are fined $200. 

59In relation to the summary charges.

On summary Charge 9 you are sentenced to $200.

On summary Charge 10, $200.

On summary Charge 13, three months imprisonment.

On summary Charge 16, $200.

On summary Charge 22, four months imprisonment.

On summary Charge 21, four months imprisonment.

On summary Charge 26, four months imprisonment.

On summary Charge 28, three months imprisonment.

On summary Charge 29, one month imprisonment.

On summary Charge 30, one month imprisonment.

On summary Charge 31, three months imprisonment. 

60The base sentence will be the sentence imposed on Charge 1, three years. 

61I order that two months of the sentences imposed on Charges 2, 7 and 8 on the indictment, and that six months of the sentences imposed on Charges 3, 4, 5 and 6 on the indictment, be served cumulatively, that is on top of the sentence imposed on Charge 1 and to each other.

62

I also order that one month of the sentences imposed on summary

Charges 13, 21, 22, 26, 28 and 31, be served cumulatively to the sentence imposed on Charge 3 and all other sentences, and to each other, giving a total effective sentence of seven years.

63I order that you serve a minimum term of four years and six months, before becoming eligible for parole. 

64I declare that had you not pleaded guilty, I would have sentenced you to term of imprisonment of eight years and six months, and a minimum term of six years.  It is the weapons, Mr Haddara, it is the weapons.  They are the sort of weapons that were used down in Tasmania.  In the wrong hands they can kill scores of people, and that is mainly your problem with this sentencing.  Have you got it?  It is a heavy sentence, I understand that, but it is the weaponry mainly. 

65All right, have a seat.  Thank you. 

66Now, I have got a number of - yes.

67MS ELLIS:  Yes, I won't interrupt Your Honour.  In relation to pre-sentence detention, I may have missed Your Honour's - - -

68HER HONOUR:  Yes, what is that please?

69MS ELLIS:  It is 535 days, not inclusive of today.

70HER HONOUR:  All right.  I declare that 536 days have already been served by way of pre-sentence detention.  All right, you can take Mr Haddara down, thank you.

71MS ELLIS:  Your Honour, there was also a number of orders that the prosecution have sought.

72HER HONOUR:  I am going to attend to those now. 

73MS ELLIS:  Yes, Your Honour.

74HER HONOUR:  But I will just have Mr Haddara taken down.

75MS ELLIS:  Yes, Your Honour.

76HER HONOUR:  Actually, sorry, could you just bring Mr Haddara in?  Sorry.  Excuse me.  Hello.  Could we just get Mr Haddara back in, sorry?  So it is not a Retention Order, it is an actual sample - - -

77MS ELLIS:  It is making of the order, yes, Your Honour.

78HER HONOUR:  Quickly.  Thank you.  Sorry, Mr Haddara, just - you can stand there, Sir.  I am ordering that police take an intimate sample from you.  It is going to be a swab from your mouth.  I need to tell you that if you refuse to supply that sample, police may use reasonable force in order to obtain the sample.  Otherwise you can be taken - Mr Haddara can be taken down, I thank you.  All right. 

79You haven't got the date on the conviction for the Forfeiture Order.  What date did I do the plea in this matter?

80MS ELLIS:  Your Honour, I think originally it was the 9 December.  I will just check my notes. 

81HER HONOUR:  9th of - - -

82MS ELLIS:  December 2012.  2013, Your Honour.  No, I'm sorry, Your Honour, it was originally the 9th.  I think it was then changed to 11 December.

83HER HONOUR:  11th, thanks.  Nothing has been filled - I'm filling everything in here.  All right. 

84MS ELLIS:  Your Honour, I'm sorry to interrupt, but I just wanted to clarify one matter.  Your Honour declared that the base sentence was to be Charge 1, and that's the sentence of three years, and then when Your Honour set out the orders for cumulation, I think Your Honour said they're to be cumulative on Charge 3, but I'm assuming Your Honour meant Charge 1.

85HER HONOUR:  It is meant to be Charge 1.

86MS ELLIS:  Yes. 

87HER HONOUR:  All right.  So it's a total effective sentence of seven.

88MS ELLIS:  Yes, Your Honour.

89HER HONOUR:  All right, thank you.  You have got all your 40,000 million orders? 

90MS ELLIS:  Thank you, Your Honour.  I hadn't realised I hadn't (indistinct) 

91HER HONOUR:  No, it's all right, I never do until the end, just in case I lose them.  Thank you. 

(Short adjournment.)

92HER HONOUR:  Yes, thank you, good afternoon everyone.  Now I just first have to deal with Mr Haddara.  I am sorry to drag you up here, Mr Haddara.  My calculations - you know the sentence that I gave you this morning, and I had to bring you back to court to state it in open court, in relation to Haddara that nine months of the sentences imposed on Charges 2, 3, 4 and 5 on the indictment are to be served cumulatively with the sentence of Charge 1 and with each other, giving the total effective sentence that I referred to this morning.  Sorry, Mr Haddara, have you missed the lunchtime bus because of this?

93OFFENDER:  Yeah.

94HER HONOUR:  All right, I'm really sorry, you will have to wait until 4.30, but anyway, I had to sort that out.  Better than bringing you back another day.  That is all, thank you.  You can take him down now, thank you. 

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