Director of Public Prosecutions v Hunt

[2014] VCC 1257

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-00510

DIRECTOR OF PUBLIC PROSECUTIONS

v

JEREMY HUNT

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JUDGE:	HER HONOUR JUDGE CAMPTON
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	8 August 2014
CASE MAY BE CITED AS:	DPP v Hunt
MEDIUM NEUTRAL CITATION:	[2014] VCC 1257

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW – Plea - Sentence
Catchwords: 31 indictable charges including handle/receive/dispose of stolen goods, burglary, theft, carrying on business of being a firearms dealer, shorten barrel of a longarm, recklessly deal with proceeds of crime, possess a drug of dependence, traffick methylamphetamine, possess explosive substance without excuse and 8 summary charges.

Sentence: 4 years with a non-parole period of 2 years.

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B. Nibbs	OPP
For the Offender	Mr H. Roberts	Mike Wardell

HER HONOUR: 

Indictable Offences

1Jeremy Hunt you have pleaded guilty to 31 indictable charges, which includes: six charges of handling stolen goods; three charges of burglary; three charges of theft; one charge of carrying on the business of being a firearms dealer; six charges of shortening the barrel of a longarm; six charges of possessing a drug of dependence; one charge of trafficking in a drug of dependence; two charges of recklessly dealing with the proceeds of crime; one charge of possession of an explosive without lawful objective; and one charge of possession of a prescribed precursor chemical.

2The maximum penalty for burglary, recklessly deal with proceeds of crime and theft is ten years imprisonment; the maximum penalty for handle stolen goods and trafficking in a drug of dependence is 15 years imprisonment; the maximum penalty for possession of a drug of dependence, possess explosives without lawful objective and possession of a prescribed precursor chemical is five years imprisonment; the maximum penalty for carrying on the business of a firearms dealer without a licence is four years imprisonment. 

3In addition, you pleaded guilty to eight summary charges: Charge 26, being a non‑prohibited person possessing a Category A longarm without a licence; Charge 33, possession of ammunition without a licence; Charge 45, possess prohibited weapon without exemption or approval; Charge 49, possess controlled weapon without excuse; and Charge 45, possess prohibited weapon without an exemption.  Also, Charges 59, 60 and 61, possession of an unauthorised poison.

4The maximum penalty for a non‑prohibited person in possession of a Category A longarm without a licence, possess imitation handgun and possess prohibited weapon without exemption or approval is two years; the maximum penalty for possess a controlled weapon without lawful excuse is one year or 120 penalty units; the maximum penalty for an unauthorised person in possession of poison is ten penalty units and for possession of ammunition without a licence, is 40 penalty units. 

5The circumstances of your offending were set out into the schedule detail in the prosecution opening, which will form part of this sentence.  In summary, you became known to the Victorian Police during Operation Pro-mill, an initiative involving the insertion of covert operatives from the undercover unit into the Geelong criminal scene. 

6In September 2012 you offered to sell a covert operative a .22 calibre rifle for $800.  This rifle had recently been stolen from a rural property in Leopold and this action of yours relates to Charge 9, carrying on business of a firearm dealer.  Charges 1, 4 and 10 to 14 of handling stolen goods relate to a search of your property at 3 Kingston Street, Grovedale on 14 September 2012.  Police acted on information that you were in the possession of stolen items as well as methamphetamine and they conducted a search of your property during which a large quantity of stolen property was located.

7Charges 1, 4, 10, 11, 12 and 13 as well as Charge 14 relate to items of property that were located during this search.  During the search, a hidden dugout was also discovered under the rear patio of the house containing an imitation pistol, the finding of the pistol relates to summary charge 54.  In addition, a large number of stolen items and proceeds of crime were located in the house and yard area of the property during the search, details of which are set out in Schedule A of the indictment.  The location of these items relates to Charge 26, recklessly dealing with the proceeds of crime.

8A number of prohibited weapons were located during the search including a samurai sword, stun gun, fighting sword, nunchucks, and knuckle dusters, and this relates to summary charge 45: possess prohibited weapons without exemption or approval. 

9During the search on 14 September you were contacted by the police and you returned to the property.  At that stage you were arrested and transported to the Geelong Police Station where you were interviewed.  During the record of interview you made admissions to being actively involved in criminal activity for several months.  You told the police that you had been committing burglaries and thefts to sell the proceeds in the hope of repaying a drug debt owed by Jack Kennedy-Hunt, your step‑brother or part brother, who is presently serving a sentence for possession of methamphetamine and a pistol.

10As a result of the admissions made during your record of interview that you cut down at least six longarm firearms in the last six to twelve months to be distributed and sold within the criminal element, you were charged with six counts of shortening the barrel of a longarm and they are Charges 15 to 20. 

11Charge 24, trafficking in a drug of dependence, relates to the 33.1 grams of methamphetamine. This charge was as a result of your admission that although you largely used the drug for your personal use, in recent months, you had been watering it down and selling it for some months.

12Charges 25 and 26 of recklessly dealing with the proceeds of crime resulted from your admissions regarding the purchase of a large number of power tools, sporting equipment, motorcycles, motor tyres and a trailer, which at the time of the purchase you believed had probably been stolen. 

13With respect to summary charge 26 and summary charge 33 you admitted that you were not authorised to possess firearm weapons or ammunition seized from your residence during the course of the search warrant. 

14You also made admissions to being involved in a number of burglaries and thefts.  Charge 2 of burglary relates to a burglary committed at a storage container in Pioneer, Grovedale on 18 August 2012.  Charge 3 of theft relates to the items stolen during that burglary valued at $22,000. 

15Charge 5 and 6 relate to a burglary committed at 19 Lennox Court, Drysdale, on 5 September 2012.  The items stolen were six longarm firearms taken from a gun safe and valued at $11,500. 

16Charges 7 and 8 relate to a burglary and theft between 6 and 7 September 2012 at 950 Geelong-Portarlington Road.  A number of guns were stolen at the value placed on those guns were some $10,000.

17With reference to the charges concerning the finding of drugs on your premises, the police members from the clandestine drug unit examined your premises on 15 December 2012.  On that day sufficient evidence was located to suspect that you were involved in the manufacturing and trafficking process of methamphetamine, including multiple bags of tablets, glass tubes and containers holding various liquids and crystalline substances.  The results of drug analysis showed that you were in possession of a number of different drugs and precursor chemicals.

18Charge 21, possession of a drug of dependence relates to amphetamine 15.6 grams; Charge 22 relates to 17.3 grams of cocaine; Charge 23 to a small quantity of cannabis; Charge 28 to 30.4 grams of iodine which is a precursor chemical; Charge 29 to 9.2 grams of nandrolone; Charge 30 to less than two grams of methylin; and Charge 31 to 0.3 grams of alprazolam.

19Charge 59, 60 and 61 are summary charges relating to possession of a poison being an unauthorised person.  Summary charges 60 and 61 relate to a small quantity of brown powder and also during the examination on this same date, the police located two apparent explosive devices and this resulted in Charge 27, possession of an explosive without lawful objective. 

20On 28 September 2012 investigators executed a second warrant at Grovedale and located a number of items that had been missed in the original search.  A large number of the items found on this date were discovered secreted in the roof of the house and contained in compartments under the kitchen cupboards and stove.  These included two firearms from the burglary at 950 Geelong-Portarlington Road and a firearm from the burglary at 19 Lennox Court, Drysdale.  You had falsely informed investigators that these firearms had been handed over in payment of outstanding drug debts. 

21Charge 25, recklessly dealing with the proceeds of crime relates to the firearms.  In a secret compartment especially built under the stove, investigators located cash and property including an extendable taser, knife, rifle, prescription medicine and a large amount of cutting agents and an imitation handgun.  This relates to summary charge 49, possess controlled weapon without excuse – the imitation handgun – as too is the finding of a box of 32 knives, secreted in the roof of the house.

22The police also found a second clandestine laboratory in the boot of your 1990 Holden Statesman. The items located in that car included various amounts of powder, referenced in the drug analysis that I have referred to earlier in this sentence. 

23You have nine previous court appearances, which include convictions for burglary and theft and cultivate a narcotic plant being cannabis, but no offences in relation to weapons. 

24Your personal details were outlined to the court by your counsel and contained in a report by Dr Aaron Cunningham, forensic psychologist.  You were born in Western Australia on 22 March 1981.  You have one sister and paternal twin half-brothers.  Your parents separated soon after relocating to Geelong when you were about eight years old.  You did not have a good relationship with your father who drank obsessively and then became violent.  You informed Mr Cunningham that after your father left, you became angry and rebelled on the world.  At 17, you were evicted from home and spent some six months living on the street.  You then returned home, but left again at age 21 after clashing with your mother.  You then rented for some time before moving in to live with your partner, Victoria Mills.  You have been together for some 13 years and you have two young daughters.  You left school in Year 11 and worked as a cabinet maker for two years.  You also worked as a car dealer for a couple of years before completing a roof tiling apprenticeship and obtaining a scaffolding ticket. 

25After working for a scaffolding company for some three years, you began your own business as a subcontractor.  You operated this business for five years until sustaining a shoulder injury.  You attempted to continue this work after your injury, but you could not manage that work due to your shoulder pain.  While you have a history of illegal drug use from the age of 16, your problem with methamphetamine really began after your shoulder injury.  You informed Dr Cunningham that everyone around you was doing it, including your father and brother, and that you had been smoking one gram a day prior to being remanded.

26Doctor Cunningham diagnosed you as presenting with adjustment disorder with mixed anxiety and depressed mood, which you developed after your shoulder injury.  Your offending was said to have occurred in the context of your dependence on methamphetamine and associated negative peer pressure.  However, Dr Cunningham was of the opinion that you had several current protective factors that may reduce your risk of reoffending.  These included that you had ceased your use of methamphetamine and negative peer associations, you had been exploring work opportunities, and that you are motivated to support your family. 

27In addition, you had successfully completed the Credit Bail Program.  This was confirmed in a positive report from the Credit Bail Program that reported that you had attended all scheduled appointments and engaged in a treatment.  The author of the report also described you as presenting as motivated to access all the supports offered to you and to implement some positive changes in your lifestyle.  During this time, you also took part in a positive lifestyle program with the Salvation Army, and counselling and family therapy.  Both reports from these organisations confirm your participation and say that you were positive.  There was a report from Dr Kudair with respect to your shoulder injury which was diagnosed in 2011 as a wing of the scapula.  In his opinion, this injury could possibly effect or have reduced your capacity for your usual work. 

28There were two character references; one from Lauren Redenbach who you have known for approximately four years and one from Richard Mills, your business partner and brother‑in‑law.  In her reference, Ms Redenbach described you as being a hard worker who had always provided for your family.  She believed that your time in prison was extremely hard on both you and your family.  She was of the opinion that you would never risk putting your family through such hurt again. 

29Mr Mills had known you for approximately 13 years.  In his reference Mr Mills referred to a conversation he had with you where it became apparent that one of your main concerns was the effect of your offending on your children and the resulting trauma they suffered as a result of the police raids.  Mr Mills confirmed that your reasons for offending included the stress you were feeling financially as you were unable to work due to your shoulder injury and your desire to assist your half‑brother with his drug debts. 

30In your record of interview, you said that one of your reasons for offending was that your half-brother was in debt for a large amount of money to an Asian gang.  You had engaged in affairs with him to get money to pay these debts and to support your family. 

31In his plea on your behalf, your counsel submitted that these were the motivations for your offending.  In addition, he submitted that you had been led to believe that you would lose your house if you did not provide assistance.  With respect to the nature of your offending, your counsel also submitted that the photographs of the house revealed that the drug lab set up insofar as there was one, was not in the least bit sophisticated.  It was submitted that the drugs were mainly for your own use and that your use was connected to the pain you suffered due to your shoulder injury. 

32In mitigation of your offending, your counsel relied on the following matters: your early plea of guilty; your co‑operation with the police which had included you making admissions in your record of interview that had resulted in a large number of the charges on the indictment; your remorse for committing the crimes, and your relatively limited criminal history; particularly, the lack of priors for any firearm offences and the limited history of drug‑related matters.  Your performance on the Credit Bail Program which was submitted, was indicative of your intention to rehabilitate yourself and your good prospects of rehabilitation. 

33Matters submitted to be particularly relevant with respect to your positive prospects of rehabilitation were that you had ceased using illicit drugs and you had the support of your partner.  You had a wide variety of manual skills and you were capable of undertaking a number of jobs. 

34Your counsel submitted that your offending was out of character and that you were remorseful and particular regarding the effect on your two young children.  Consequently, you had a strong motivation to return to work and provide for your family. 

35Taking all these circumstances into account, while acknowledging that a sentence of imprisonment was appropriate, your counsel sought a partially suspended sentence.  While the prosecutor acknowledged your assistance in this matter - it was pointed out that you had not disclosed the weapons and firearms located in your property, which were discovered as a result of the second warrant nor had you disclosed the second clandestine drug laboratory found in the boot of your car - submitted that a suspended sentence was not appropriate and that your offending called for an appropriate sentence.

36In sentencing you I have taken into account all the mitigating factors referred to by your counsel.  I have given you a discount for your plea of guilty and I have taken into account your admissions in your record of interview.  I accept that you are remorseful for committing these offences, especially with regard to the effect on your two young children.  I also accept that you have a strong motivation to rehabilitate yourself and become a useful member of the community.  In addition, your good work history will assist you in this regard.

37However, I must balance the sentencing considerations with the need for specific and general deterrence.  In particular, others must be deferred from committing robberies on rural properties and obtaining firearms, which in the wrong arms could result in great harm to the community. 

38The firearms found as a result of the search warrant on 28 February 2012 were found in hidden compartments under the kitchen cupboards and stove.  You obviously went to considerable trouble to hide those weapons and used your cabinet‑making skills to achieve that purpose.  In addition to the firearms, you had also secreted a box containing 32 knives, the machetes, the handheld sickles, knuckle dusters, et cetera.  It is a matter of concern that you were involved in shortening the barrel of firearms, which were to be distributed and sold to the criminal element. 

39With respect to the drug offences, the trafficable quantity of methamphetamine is three grams.  While I accept that your set up lacks sophistication, nevertheless the quantity you had was 33.1 grams, which is eleven times that amount.  Methamphetamine is an increasing problem in rural areas and others must be discouraged from trafficking it.

40While your prior criminal record does not amount to much and there is no similar offending, by committing these offences, you substantially raise the bar.  The offences you committed are usually associated with persons with a far greater criminal record.  You must face the consequences for this type of offending and I do not consider that a partially suspended sentence is appropriate.  Would you please stand up.

41Taking those circumstances into account and as well of course, as I have already said, all the mitigating circumstances, I intend to sentence you as follows: on Charge 1 of handle stolen goods, you are sentenced to two months; on Charge 2 of burglary, you are sentenced to 15 months; Charge 3 of theft, you are sentenced to 12 months; Charge 4 of handle stolen goods, you are sentenced to two months; on Charge 5 of burglary, you are sentenced to 15 months; on Charge 6 of theft you are sentenced to nine months; on Charge 7 of burglary, you are sentenced to 15 months; on Charge 8 of theft, you are sentenced to nine months. 

42I should indicate, because I am going to be reading out a lot of charges that you should not panic as yet, because of course, the accumulation is the important factor.

43Charge 9, carrying on a business of being a weapons dealer you are sentenced to six months; Charge 10, handles stolen goods, you are sentenced to four months; Charge 11, handles stolen goods, you are sentenced to four months; Charge 12, handles stolen goods, you are sentenced to one month; Charge 13, handle stolen goods, you are sentenced to one month; Charge 14, handles stolen goods, you are sentenced to two months; Charge 15, 16, 17, 18, 19 and 20 of shortening the barrel of a longarm is a sentence of six months; Charge 21 and 22, possess drug of dependence, both sentences are six months; Charge 23, possession drug of dependence, you are convicted and fined $100; Charge 24, trafficking a drug of dependence, you are sentenced to 12 months; Charge 25, recklessly dealing with the proceeds of crime, you are sentenced to eight months; on Charge 26, recklessly dealing with the proceeds of crime, you are sentenced to six months; on Charge 27, possess explosives without lawful objective, you are sentenced to six months; on Charge 28, possess prescribed precursor chemical, you are sentenced to three months; on Charge 29, possess drug of dependence to three months; on Charge 30, possess drug of dependence to one month; on Charge 31, possess drug of dependence, to one month; 

44On the summary charges, on Charge 26 you are sentenced to three months; on Charge 33, convicted and fined $400; on Charge 45, you are convicted to three months; on Charge 49, you are convicted and sentenced to three months; on Charge 54, you are convicted and sentenced to three months; on Charge 59 you are convicted and fined $100; on Charge 60 you are convicted and fined $100; on Charge 61 you are convicted and fined $100.

45The head sentence of 48 months results in a sentence of four years.  I fix a non‑parole period of two years, which is a longer than normal non‑parole period, but that has been set given the mitigating circumstances set out by your counsel. 

46The 6AAA declaration is, but for your plea of guilty, it would have been six years with a non‑parole period of three years.  Are you seeking those disposal orders?

47MR ROBERTS:  I am, but I understand that, in terms of the disposal orders, I understand there's no issue.  I understand that there's still discussions with respect of the forfeiture order.

48HER HONOUR:  With respect to, all of them?

49MR ROBERTS:  No, in terms of the forfeiture order.

50HER HONOUR:  All right, well I can make the three disposal orders then if they are agreed.

51MR NIBBS:  Yes, certainly, Your Honour, yes. 

52HER HONOUR:  All right, I make the three disposal orders with respect to the items contained in the schedules attached to those orders.  If you can agree on the forfeiture order, I can do that in chambers.

53MR NIBBS:  Yes, certainly Your Honour.  It was just there were a number of matters or items on that list that we just were seeking clarification on and there just had not been the opportunity to do so.  As Your Honour can probably imagine, given the extensive number of offences involved in this matter, obviously the focus was on this sentence.

54HER HONOUR:  All right.  Now, I set out the accumulation on the chart.  I will actually say it for the purposes of the transcript as well. 

55MR NIBBS:  Yes, I think that would be of assistance.

56HER HONOUR:  Because I can put it in a more simple way.  The base sentence is 15 months on Count 2.  I accumulate three months of the sentences on Count 5, 7 and 15 on Count 2 and each other.  I accumulate four months of the sentence on Count 24 on Count 2.  I accumulate two months of the sentences on Counts 3, 6, 8, 9, 12 and 25 on Count 2 and each other.  I accumulate one month of the sentences of Counts 10, 11, 21, 22, 26, 27 and 28 and the summary offence 45 on Count 2 and on each other.

57Now, do we follow the chart?

58MR NIBBS:  Yes, no, it's very helpful, Your Honour.  The only other issue of course is the pre‑sentence detention.  I just need to double check.

59HER HONOUR:  It was 198 days at one stage.

60MR NIBBS:  198 was it?  Twenty-fourth of the sixth.

61HER HONOUR:  Is 243 days not including today?

62MR NIBBS:  That's correct, just a moment.

63MR ROBERTS:  I'm content with that.  That's 45 days, plus 198.

64HER HONOUR:  Yes, just check.

65MR NIBBS:  Is that 243 days?

66MR ROBERTS:  Yes.

67MR NIBBS:  Yes.

68HER HONOUR:  I declare for the record that 243 days have already been served. 

69MR NIBBS:  As Your Honour pleases.

70HER HONOUR:  Anything else arising from that?

71MR ROBERTS:  No, Your Honour.

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