Director of Public Prosecutions v Heffernan
[2025] VCC 706
•30 May 2025
| IN THE COUNTY COURT OF VICTORIA AT SHEPPARTON CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
CR-24-01480
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AARON HEFFERNAN |
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JUDGE: | HER HONOUR JUDGE HARPER | |
WHERE HELD: | Shepparton | |
DATE OF HEARING: | 13 May 2025 | |
DATE OF SENTENCE: | 30 May 2025 | |
CASE MAY BE CITED AS: | DPP v Heffernan | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 706 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW - SENTENCE
Catchwords: Burglary, theft, trafficking drug of dependence - commercial quantity, handle stolen goods.
Legislation Cited: Sentencing Act1991 (Vic) ss 18; 6AAA.
Cases Cited:Honeysett v The Queen[2018] VSCA 214, Roach v R [2020] VSCA 205, Danaf v R [2020] VSCA 226, El Dimachki v R [2021] VSCA 98, DPP v Lye [2024] VCC 1762.
Sentence: Total effective sentence of 3 years with a non-parole period of 1 year and 10 months.
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr D. O'Doherty | Office of Public Prosecutions |
| For the Accused | Mr C. Pearson | Valos Black & Associates |
HER HONOUR:
1Aaron Heffernan, you have pleaded guilty before me in Koori Court to one charge each of burglary, theft, trafficking in a drug of dependence in not less than a commercial quantity and handling stolen goods.
2The maximum penalty for burglary and for theft is 10 years' imprisonment in each offence. The maximum penalty for trafficking in a drug of dependence in not less than a commercial quantity is 25 years' imprisonment. The maximum penalty for handling stolen goods is 15 years' imprisonment.
3You have also pleaded guilty to a related summary offence of committing an indictable offence whilst on bail. The maximum penalty for this offence is three months' imprisonment.
4I note that the offence of trafficking in a drug of dependence in not less than a commercial quantity is a Category 2 offence under the Sentencing Act 1991. I will return to this below.
Circumstances of offending
5The circumstances of your offending were outlined in the Summary of Prosecution Opening for Plea dated 9 April 2025. I shall summarise those facts here.
6On 29 December 2023 at approximately 5.55 am you and your co-accused, Ross Anderson and Callum Savio, attended at a home under construction in Halpin Crescent, Shepparton.
7Once inside (Charge 1 - burglary), you stole a Hisense bar fridge, an Inalto dishwasher and a Bosch branded washing machine (Charge 2 – theft). A number of other items were stolen by your co-accused.
8On 15 January 2024 police executed a search warrant at your home address. They located a number of assorted Milwaukie and Makita power tools, a Rinnai brand air conditioner, a natural gas fireplace and a typhoon pressure washer (Charge 4 – handling stolen goods).
9Investigators also located seven bottles containing a total of 2.431 litres of 1,4 Butanediol in the shed. A number of text messages and tick sheets reflecting trafficking between 29 November 2023 and 15 January 2024 were located. I note Charge 3 refers to the 2.431 litres only.
10You were interviewed and provided no comment to the allegations.
Gravity of offending
11This was serious offending. You broke into a home under construction and stole valuable items. You were found in possession of a number of other valuable items. The drug charge, while just over the commercial quantity, is particularly serious in itself.
Plea of guilty
12You have entered a plea of guilty which has significant utilitarian benefit. You have saved the court and the community the time and expense of running a trial and spared the victim the ordeal of giving evidence at trial. In those circumstances, you have facilitated the administration of justice, and you are entitled to a benefit for that.
13By your plea you have accepted responsibility for your offending and there is a demonstration of remorse. As you said in the sentencing conversation, hearing the victim impact statements 'makes it hit home a lot more.'
Victim Impact Statements
14I received two victim impact statements which outline the effect of your offending on those whose property you stole.
15Vinay Jain wrote that he has 'felt unsafe in my own home, a place that should bring comfort and peace … this crime has deeply affected my sense of security and trust in my community'.
16Robert Logie wrote that the tools you stole 'represented not only years of investment and hard work, but also the foundation of my career in construction. Their theft has left me financially strained and unable to replace the tools I depended on, ultimately forcing me to leave the career I loved and move into a different field entirely'.
17Yours were not victimless crimes, real people have lost valuable items that they worked hard to afford, and you have displaced their sense of security.
Personal circumstances and psychological report
18I turn now to your personal circumstances.
19
You are a 35-year-old Barkandji man, born in January 1990. You have two
half-sisters and a half-brother on your father's side. You were not linked to your Aboriginal culture as a child.
20You had a difficult relationship with your father as a child and were exposed to alcohol and family violence. That situation has improved, your parents remain together and are both supportive of you.
21You were diagnosed with ADHD and medicated as a child. You experienced difficulties with the education system including regular suspensions. You state that you can read but cannot make sense of the words. I appreciate the effort that has gone into your letter to the court, to which I will refer shortly.
22You left formal education in Year 9 and began a carpentry apprenticeship. You ran your own fencing business for some time and most recently worked as a forklift driver at the GV Creamery.
23You began drinking when you were 13 and commenced daily use of cannabis between the ages of 13 and 15. From the age of 16 you used MDMA and commenced using methylamphetamine from the age of 17. You have also used a number of other substances.
24
You have been with your partner on and off since you were 16. You have a
seven- year-old son and a two-year-old daughter.
25You attended drug and alcohol rehabilitation in late 2019 and again in November 2021 at the Cottage. You were then employed at the Creamery and managed to obtain a mortgage on a home in Shepparton. Unfortunately, you were retrenched due to the business losing a contract. After losing your job you committed these offences.
26Since entering custody, you have made efforts to connect to culture. You have completed a number of artworks, some of which you have sold through the Torch Program. You have participated in the Mumgu Dhal and Wadamba Prison to Work Programs and you are an art billet.
27I received a psychological report co-authored by provisional psychologist Christine Kennedy and forensic psychologist David Ball. They consider that you suffer from antisocial personality disorder, stimulant and other hallucinogen use disorder in early remission and symptoms of ADHD.
28I received references from both your mother and your father who are clearly supportive of you, together with the aforementioned letter from you. Your parents provided a history of your struggles, particularly with ADHD, your love of sport and family and your desire to connect to culture. You wrote of your family and how you have productively used your time in custody, painting and learning more about your Aboriginal heritage and how to be a good role model for your children.
Sentencing conversation
29Having never before done so, you participated in a Koori Court sentencing conversation with Aboriginal elders Aunty Laurel Robinson and Uncle Len Harrison. You fully engaged with them and proudly showed a number of your impressive artworks completed whilst you have been in custody.
30You were supported in court by your parents who sat at the table during the sentencing conversation and your cricket coach Dylan who sat in the body of the court to support you.
31You spoke proudly of your children and your desire to be there for them and provide for them. The elders encouraged you to continue with your art and to learn more about your culture.
32It is recognised that participation in a sentencing conversation is more difficult than a general list plea hearing. It is confronting. You are held accountable and you have to speak for yourself.
33In a decision of Honeysett v The Queen[2018] VSCA 214, the Court of Appeal looked at the Koori Court plea process and stated:
“In our view, in determining the weight to be attached to an offender's participation in a Koori Court sentencing conversation as a mitigating factor, a sentencing court should consider a range of factors including:
(1) The fact that participation in the process is a voluntary one, maybe confronting to the offender and will likely involve him or her being shamed. As noted in Morgan, participation in the process may of itself be rehabilitative.
(2) The fact that an offender is, rather than hiding behind counsel, taking the opportunity to personally:
(a) Demonstrate his or her remorse for the offending;
(b) Demonstrate insight into the reasons for and the seriousness and effect of the offending; and
(c) Express any intention to reform and how that will be done, including by participating in available rehabilitation programs.
(3) The court's assessment of the genuineness of the offender's statements during the sentencing conversation.
That assessment should take into account all of the information before the court. Based on the court's assessment of the quality and genuineness of the statements made by the offender, it is a matter for the individual judge to assess weight in the circumstances of the particular case.
In fixing a sentence it is a duty of the court to impose just punishment adapted to all the circumstances of the case by reference to the permissible sentencing purposes of general and specific deterrence, any means by which rehabilitation of the offender be facilitated, denunciation of the offending and the need to protect the community.”
34From your participation in the sentencing conversation I have observed that you are open to exploring your cultural ties and connecting with community and you are dedicated to your art. I found your participation in the sentencing conversation to be genuine and I take it into account.
Sentencing principles and considerations
35Mr Heffernan, this was serious offending. You have an extensive criminal history for relevant offending including burglary, proceeds and drug offences. It also includes five fairly recent community corrections order breaches.
36The sentence I impose must make clear to you that offending of this nature will not be tolerated by the courts or the community. As I have said, these are not victimless crimes and the community needs to be protected.
37I must also make clear to others minded to commit offences of a similar nature that they will be punished if they do so. Denunciation and just punishment are also relevant considerations.
38I consider your prospects of rehabilitation to be reasonable should you engage with the support that is on offer to you. You have a demonstrated capacity to work and support yourself and your family but you need to accept the support of counselling, prison to work programs, drug and alcohol programs and cultural supports. Should you do this, I consider your prospects to be good.
39Trafficking in a drug of dependence in not less than a commercial quantity is a Category 2 offence which requires the court to impose a term of imprisonment other than a combination sentence. It was not submitted that you meet any of the exceptions to this requirement.
40I also take parity into account. Your co-accused Anderson was sentenced to five months' imprisonment for the burglary and unrelated matters. Your co-accused Savio was sentenced to one year and six months' imprisonment with a non-parole period of nine months for trafficking 1,4 butanediol and other offences, limited to the supply of the bottles located at your address.
Submissions
41Mr O'Doherty for the prosecution submitted that a term of imprisonment with a non-parole period is warranted in your case, primarily because of the seriousness of Charge 3, trafficking in a drug of dependence in not less than a commercial quantity.
42Mr Pearson appearing on your behalf submitted that while I cannot impose a combination sentence on Charge 3, I could impose a straight sentence on that charge and a combination sentence on the other charges.
43Mr Pearson referred me to several authorities relating to Charge 3, trafficking in a drug of dependence in not less than a commercial quantity, namely, Roach,[1] Danaf,[2] El Dimachki,[3] and Lye.[4]
[1][2020] VSCA 205.
[2][2020] VSCA 226.
[3][2021] VSCA 98.
[4][2024] VCC 1762.
44You have breached a number of Community Corrections Order in the recent past which in combination with the seriousness of Charge 3 leads me to conclude that a head sentence and non-parole period is the appropriate outcome in your case.
45You can still engage in rehabilitation and counselling programs of your own accord once released and I encourage you to do so. There are also a number of local cultural education resources such as Rumbalara Aboriginal Co-operative that you can link in with upon your release.
Disposition
46On Charge 1, burglary, you are sentenced to eight months' imprisonment.
47On Charge 2, theft, you are sentenced to eight months' imprisonment.
48On Charge 3, trafficking in a drug of dependence in not less than a commercial quantity, you are sentenced to two years' imprisonment.
49On Charge 4, handling stolen goods, you are sentenced to eight months' imprisonment.
50On related Summary Charge 8, commit indictable offence while on bail, you are sentenced to one month imprisonment.
51I direct that the sentence on Charge 3 be the base sentence.
52I direct that four months of the sentence on each of Charges 1, 2, and 4 be served cumulatively on the sentence imposed on Charge 3 and on each other.
53For the avoidance of doubt, there is no cumulation on related Summary Charge 8.
54That makes a total effective sentence of three years.
55I direct that you serve a minimum non-parole period of one year and 10 months' imprisonment before becoming eligible for parole.
56I declare that pursuant to section 18 of the Sentencing Act 1991 (Vic), you have served 501 days by way of pre-sentence detention, excluding today.
57I declare that pursuant to section 6AAA of the Sentencing Act 1991 (Vic), had you not pleaded guilty, the sentence I would have imposed would have been four years six months with a non-parole period of three years.
58I grant the forfeiture and disposal orders sought by the prosecution.
59Is there anything further Mr O'Doherty.
60MR O'DOHERTY: No, Your Honour, no.
61HER HONOUR: Mr Pearson is there anything further.
62MR PEARSON: No there isn't, Your Honour, no.
63HER HONOUR: Thank you, we will adjourn the court.
(At this stage the court proceeded with another matter.)
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