Director of Public Prosecutions v Hosseini (a pseudonym)

[2025] VCC 797

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

DIRECTOR OF PUBLIC PROSECUTIONS

v

IBRAHIM HOSSEINI (A PSEUDONYM)

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JUDGE:	His Honour Judge Cahill
WHERE HELD:	Melbourne
DATE OF HEARING:	6 June 2025
DATE OF SENTENCE:	12 June 2025
CASE MAY BE CITED AS:	DPP v Hosseini (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2025] VCC 797

SENTENCE
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Subject:Prohibited person possess firearm and others

Catchwords:          Guilty plea - in possession of two loaded handguns, ketamine and cash

Legislation Cited:         Sentencing Act 1991 (Vic)

Cases Cited:Markarian v The Queen (2005) 228;

CLR 357; Berichon v R [2013] 40 VR 490; Mario Acciarito v R [2019] VSCA 264; DPP v Dennis Basic [2017] VSCA 376; Fawaz Sultan v R [2022] VSCA 205; R v Kilic (2016) 259 CLR 256; DPP v Dylan Cragg [2021] VCC 1996; DPP v Corey Moore and Kane Dalrymple [2019] VCC 1023; Postiglione v the Queen (1997) 145 ALR 408

Sentence:Total effective sentence of 3 years’ imprisonment; minimum non-parole period of 1 year and 6 months

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APPEARANCES:	Counsel	Solicitors
For the Prosecution	Mr J Kelly	Office of Public Prosecutions Victoria
For the Defence	Mr R De Kretzer Ms Z Garde-Wilson	Condello Lawyers Garde Wilson Lawyers

HIS HONOUR:

1Ibrahim Hosseini[1] you have pleaded guilty to:

[1] A pseudonym.

(a)   two charges of being a prohibited person in possession of a firearm;

(b)   one charge of trafficking a drug of dependence, ketamine;

(c)   one charge of possess a drug of dependence, cannabis;

(d)   one charge of being a prohibited person in possession of a silencer;

and the related summary charges of:

(e)   possess cartridge ammunition without a licence or permit (charge 6);

(f)    possess a controlled weapon without lawful excuse (charge 12);

(g)   deal with property, $21,384.10 suspected of being proceeds of crime (charge 13);

(h)   drive a motorcar during a period of disqualification (charge 15); and

(i)    exceed speed limit (charge 16).

Circumstances of offending[2]

[2] The alleged circumstances are set out in a prosecution opening dated 28 March 2025 (Exhibit A). You accepted them as agreed facts for the purpose of the sentence indication application.

2On 17 July 2024, around 5 PM, police intercepted a white sedan in Neylon Street, Cobden because it was travelling at 72 km/hr in a 60 speed zone (Summary charge 16 - exceed speed limit).  

3You were driving.

4You were then a disqualified driver (summary charge 15 - drive whilst disqualified) and there was a warrant for your apprehension following your failure to answer bail on an unrelated matter.

5Police arrested you and took you into custody. They also impounded the car you were driving.

6When they searched the car, in the glove box, they found:

(i)a .45 calibre automatic colt pistol (charge 2 - prohibited person possess firearm); and

(ii)ammunition (summary charge 6 - possess ammunition without a license or permit).  

7In the centre console, they found a .32 calibre Smith and Wesson handgun (charge 3 - prohibited person possess firearm).

8On the passenger seat, they found:

(i)A zip lock bag containing 97.2 g of ketamine (78% purity) (charge 4 - traffic a drug of dependence);

(ii)five zip lock bags containing cannabis (charge 6 - possess cannabis);

(iii)$21,384.10 in cash (summary charge 13 - deal with property suspected proceeds of crime);

(iv)two loaded magazines of ammunition (summary charge 6 - possess ammunition without a licence or permit);

9in the boot, they found:

(i)a silencer (charge 8 - prohibited person possess silencer);

(ii)a machete (summary charge 12 - possess controlled weapon without excuse); and

(iii)a cash counter.

10At interview, you exercised your right to remain silent.

Objective seriousness

11The applicable maximum penalties[3] demonstrate the inherent seriousness of the firearms and drug trafficking offending. They serve as a yardstick and a basis for comparison between your case and the worst case.[4]

[3] 10 years for prohibited person possess firearm; 15 years for trafficking a drug of dependence.

[4]Markarian v The Queen (2005) 228 CLR 357.

12By your guilty plea you admit you were in possession of ketamine for sale on the day you were apprehended. The quantity of ketamine was significant, around 100 g of mixture which is approximately 0.2 times the statutory commercial quantity.

13You also had a large sum of cash and a cash counter, both drug-trafficking accessories.

14As your counsel, Mr De Kretzer, conceded, a prison term is warranted for the trafficking offence.

15Both handguns were loaded and operable. There was also ammunition in the car.

16While there was no actual or threatened use of the firearms, because they were possessed in the context of drug trafficking (to provide security or as a means of enforcement) the firearms crimes fall towards the higher end of the spectrum. [5]

[5] Berichon v R [2013] 40 VR 490; Mario Acciarito v R [2019] VSCA 264, [55].

17Your offending is aggravated because you were subject to bail in respect of other charges when you committed those crimes.

18Possession of guns, drugs and cash is a dangerous criminal combination.

19Nevertheless, the seriousness of the trafficking charge is not to be elevated because you were carrying firearms.[6]

[6] Mario Acciarito v R [2019] VSCA 264, [56].

20While the circumstances and seriousness of offending of the type varies significantly, a number of Court of Appeal decisions[7] provide guidance as to the relevant sentencing principles and give a broad understanding of the sentencing range.[8]

[7] DPP v Dennis Basic [2017] VSCA 376; Berichon v R (2013) 40 VR 490, Mario Acciarito v R [2019] VSCA 264 Fawaz Sultan v R [2022] VSCA 205.

[8] R v Kilic (2016) 259 CLR 256, [21] – [22].

Criminal record

21You have admitted a criminal record[9].

[9] Criminal record (Exhibit B at Application for Sentence Indication Hearing).

22Relevantly,

(a)   you have six summary convictions for possessing weapons, recorded between November 2018 and January 2023; and

(b)   you have previously served a term of imprisonment for drug-trafficking.[10]

[10] On 30 August 2021, you were sentenced to 115 days imprisonment and an 18-month CCO for trafficking cannabis.

23Because of your prison sentence, under the Firearms Act, you were prohibited from possessing any firearm.

Personal circumstances

24You were 26 years old when you offended. You are now 27.

25You were born in Baghdad, Iraq.

26US forces invaded Iraq in 2003. Your father had earlier secured a protection Visa and gone to Australia. Your memories are of rubble, and “rockets flying over the house at night”.[11]

[11] Your personal circumstances are set out in the report of Luke Armstrong (Psychologist) dated 5 June 2025 (Exhibit 5).

27In 2006, your family reunited with your father in Australia.

28Your father had spent time in the military and prison in Iraq. He was violent and abusive.

29In 2017, he was jailed for violent crimes against your mother.[12]

[12] See Victoria police LEAP extract (Exhibit 3).

30After he served his prison sentence, he returned to Iraq.

31You went to local schools in the northern suburbs. During year 11 your father sent you back to Iraq. There, you did not attend school and worked for less than two months. You said you “raised pigeons”.[13]

[13] Ibid., page 3 (Exhibit 5).

32After two years in Iraq your father forced you to return to Australia. Here, you did not return to school and were unable to get work. You avoided being at home and spent time with similarly disconnected friends.

33You started committing crime after your father was jailed,  in  the context of  heavy cannabis and methamphetamine abuse.

34In 2021, you served 115 days in prison. After your release you had scaffolding work for a short time.

35Your mother, two sisters and a brother-in-law supported you in court.

36In prison, you have completed the available programs and have earned trusted work as a billet. You have practised your faith which has helped give your days meaning and structure . You have regular phone contact with family members. [14]

[14] Report of Karly Doyle (Forensic alcohol and drug specialist) dated 28 March 2025 (Exhibit 2).

37In August 2024, you retained a drug counsellor privately for therapy. You had 10 teleconference sessions from MRC. You engaged and responded well to treatment.[15]

[15] Ibid.

Psychological opinions

38Luke Armstrong, psychologist, assessed you[16] on 4 June 2025.

[16] In a four-hour face-to-face examination. His report is Exhibit 5.

39While Mr Armstrong did not diagnose you formally with PTSD, to him, you expressed significant detachment and associated features when recounting the trauma of war in Iraq and family violence in Australia. He believes you have self-medicated with illicit drugs. In his opinion, “the serial nature of [your] offending in a relatively short time reflects the severity of [your] drug abuse problem.” [17]

[17] Report of Luke Armstrong dated 5 June 2025, page 5.

40You have borderline intellectual functioning.

41Mr Armstrong assessed your intelligence as extremely low, with a full-scale intelligence quotient of 68.[18]

[18] DSM – V criterion A mild intellectual disability 70+\-5.

42He assessed your reading and spelling at grade 6 level; your maths, at grade 3 level.

43In his opinion, you are limited in your abstract thinking and cognitive flexibility and you have problems in emotional regulation. As well, your social judgement is immature, and you are significantly gullible.[19]

[19] Report of Luke Armstrong dated 5 June 2025, page 7.

44In his view, because of your limited intellect, you previously did not appreciate the seriousness of firearms possession. However, in prison, with time to reflect, you now understand how serious it is.[20]

[20] ibid, page 10.

45Your sister, who is a nurse, told Mr Armstrong you were your father’s “punching bag”. According to her, you are not violent yourself. She said you rely heavily on her husband and her. Your family are prepared to return to Melbourne to support you on your release from prison.

46He believes, considering you have used your time in prison productively, you will respond well to intensive community ordered treatment.

47In his opinion, because of your intellectual disability, you are at risk of manipulation and physical harm by more sophisticated prisoners. He also believes the longer you remain in prison, the more likely your PTSD symptoms will deteriorate into a mental disorder.[21]

[21] ibid, pages 10 and 11.

Sentence indication

48On 8 April 2025, you applied for a sentence indication.

49Your counsel, Mr De Kretzer, contended, because your offending, while serious, falls below the high-end, a combination sentence was within range.[22]

[22] In written (Exhibit 1) and oral submissions.

50The prosecutor, Mr Kelly, submitted, because of the inherent seriousness of your possession of two loaded firearms, for the purpose of criminal activity, a sentence comprising a head sentence and non-parole period is required.

51On 11 April 2025, I gave a sentence indication I would likely impose a total effective sentence of not more than three years and six months and fix a minimum term of not more than two years in the event you pleaded guilty to the charges before the court.

52In reaching that conclusion I took into account:

(a)   the objective seriousness of your offending;

(b)   the high utilitarian value of a guilty plea which, if entered, would deny you the opportunity to argue a triable issue, and its demonstration of remorse;

(c)   your productive use of your time in prison since your arrest and remand; and

(d)   your prospects of rehabilitation, which I then assessed to be reasonably good.

53You accepted the indication and were arraigned on 28 April 2025.

54A sentencing hearing was held on 6 June 2025.

55Ms Garde Wilson, who appeared on your behalf, submitted,[23] relying on Mr Armstrong’s opinions you have symptoms of PTSD and borderline intellectual functioning, Bugmy and Verdins principles are engaged to moderate your sentence because:

(a)   your moral culpability and the need for general and specific deterrence are reduced;

(b)   prison will be harder for you than an ordinary prisoner; and

(c)   there is a risk, in prison, your PTSD symptoms will degenerate into a mental disorder.

[23] In written (Exhibit 4) and oral submissions.

56She submitted, considering your psychological profile, a combination sentence could achieve sentencing purposes.

57She helpfully referred me to two sentences of this court.[24] In one,[25] the court imposed a total effective sentence of two years and eight months imprisonment with a non-parole period of one year and six months for firearms offending which, in her submission, was more serious than yours. In the other,[26] the court imposed a sentence of 18 months imprisonment combined with a 30 month community correction order for firearms and drug offending, which, in her submission, as broadly comparable with yours.

[24] DPP v Dylan Cragg [2021] VCC 1996 (Judge Chambers) and DPP v Corey Moore and Kane Dalrymple [2019] VCC 1023 (Judge Gwynn).

[25] DPP v Dylan Cragg [2021] VCC 1996.

[26]  DPP v Corey Moore and Kane Dalrymple [2019] VCC 1023.

58Mr Armstrong’s opinions notwithstanding, the prosecutor maintained his submission a sentence of imprisonment with a non-parole period fixed is the appropriate sentence.

Consideration

59Police had arrested you for driving offences. They searched your car, without warrant. I am satisfied the legality of the search of the vehicle you were driving was a triable issue. By pleading guilty, you gave up the chance to test the admissibility of the critical prosecution evidence. Accordingly, your guilty plea carries additional utilitarian value. I also accept it is an indication of your remorse.

60You are a relatively young offender.

61You have no history of firearms or violent offending. I accept you are not a violent person.

62You have used your time in custody constructively. I accept your faith has helped you.

63Your family strongly supports you. When you are released from prison they will return to Melbourne to look after you.

64In my view, with their help, your prospects of rehabilitation are very good. You must understand, if you relapse into substance abuse, you risk reoffending.

65I accept Mr Armstrong’s opinions which were unchallenged.

66It follows, I accept your exposure to the trauma of war and family violence has damaged you psychologically.

67I also accept your intellectual functioning is borderline. And, because of your limited intelligence, you are immature and gullible.

68While I am mindful your firearms offending is inherently serious, I am satisfied that psychological factors reduce your moral culpability and the need for general and specific deterrence, to a modest degree.

69I am also satisfied, because of your psychological profile, you are a vulnerable target for harm by other prisoners and, the longer you are in prison, the more likely your mental health will deteriorate.

Conclusion

70In all the circumstances of the case, I am satisfied only a sentence of imprisonment, with a non-parole period fixed, can achieve all sentencing purposes.

71Because of the findings I have made, based on Mr Armstrong’s opinions, I will moderate the total effective sentence and minimum term I would otherwise have imposed.

72Because you are to be sentenced for a number of offences I must ensure your total effective sentence is “a just and appropriate measure of the total criminality involved”.[27]

[27] Postiglione v the Queen (1997) 145 ALR 408, 416 – 17, 442 – 3.

73I am also mindful your sentence must be no more severe than is necessary to achieve the set sentencing purposes.[28]

[28] Sentencing Act, s 5 (3).

74By the sentence I impose I must denounce your conduct, punish you and deter you and others from committing crimes of the same or similar kind. I must also look to your rehabilitation.

75Considering the circumstances of your offending, your personal circumstances and antecedents, and endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you:  

(a)   on charge 1 – being a prohibited person in possession of a .45 automatic Colt pistol, you are sentenced to 2 years imprisonment. This is your base sentence.

(b)   on charge 2 – being a prohibited person in possession of a .32 Smith and Wesson revolver, you are sentenced to 2 years imprisonment.

(c)   on charge 3 – traffic a drug of dependence, namely ketamine, you are sentenced to 6 months imprisonment.

(d)   charge 4 – possess a drug of dependence, namely cannabis L, which was for personal use, you are convicted and discharged.

(e)   on charge 5 – being a prohibited person in possession of a silencer you are sentenced to 12 months imprisonment.

(f)    on summary charge 12 – possess a controlled weapon, a machete, without lawful excuse you are sentenced to one months imprisonment.

(g)   on summary charge 13 – deal with property, namely $21,384.10, in cash, suspected of being the proceeds of crime you are sentenced to 3 months imprisonment.

76I direct:

(a)   6 months of the sentence I have imposed on charge 2;

(b)   2 months of the sentence I have imposed on charge 3;

(c)   3 months of the sentence I have imposed on charge 5; and

(d)   one month of the sentence I have imposed on summary charge 13,

be served cumulatively on the sentence I have imposed on charge 2 and each other.

77Your total effective sentence is three years imprisonment.

78To mitigate punishment and promote your rehabilitation, I fix a minimum non-parole period of one year and six months.

79I declare you have served 330 days of your sentence by way of presentence detention.

80While there is some artificiality in the process, I declare, but for your guilty plea, I would have imposed a total effective sentence of four years and three months imprisonment and imposed a minimum non-parole period of two years and nine months.

81On the remaining charges:

(a)   summary charge 6 – possess cartridge ammunition without a license or permit;

(b)   summary charge 15 – drive while disqualified; and

(c)   on summary charge 16 – exceed the speed limit,

you are convicted and fined and aggregate sum of $750.

82I make an order for disposal of the drugs of dependence seized and forfeiture of the cash and firearms seized.

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