Director of Public Prosecutions v Ibrahim

[2019] VCC 1823

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-00047

THE QUEEN

v

AHMET IBRAHIM

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JUDGE:	HIS HONOUR JUDGE CAHILL
WHERE HELD:	Melbourne
DATE OF HEARING:	14 October 2019
DATE OF SENTENCE:	6 November 2019
CASE MAY BE CITED AS:	DPP v Ibrahim
MEDIUM NEUTRAL CITATION:	[2019] VCC 1823

REASONS FOR SENTENCE
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Subject: carrying on business of dealing in firearms
Catchwords: Guilty plea – serious offending – first offender – sole carer for mother and son - excellent prospects of rehabilitation – Verdins principles 5 & 6 engaged - community corrections order appropriate punishment
Legislation Cited:
Cases Cited: DPP v Munro
Sentence: 3 year Community Corrections Order

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APPEARANCES:	Counsel	Solicitors
For The Queen	Mr J. Livitsanos
For the Accused	Mr J. Saunders

HIS HONOUR: 

1Ahmet Ibrahim, you have pleaded guilty to five charges under the Firearms Act, three charges under the Crimes Act (Vic.), and one charge under the Radio Communications Act (Clth).  They are:  carrying on business of dealing in firearms without a license, possessing an unregistered general category handgun, disposing of a general category handgun except to a licensed firearm dealer, using an unregistered Category E handgun, conduct endangering persons, damaging property, permitting an unlicensed person to access a handgun, knowingly dealing with proceeds of crime, and possessing a prohibited radio communications device.

2You have also pleaded guilty to the summary state charges of possess part of a firearm to alter the category of firearm, possess an imitation firearm, and three charges of failing to comply with a police direction to assist.

3In November 2016, you were living in the northern suburbs with your son. 

4In relation to Charge 1, carrying on business dealing in firearms without a license, between 28 November 2016 and 17 August 2017, you were obtaining firearms and selling them. 

5On 28 November 2016, you went to a firearms dealer’s premises.  From there you drove home and climbed the fence into your neighbour's property, where you were hiding firearms and ammunition, retrieved two bags from a red car, returned home and gave a package to a man who then drove off.  You then drove back to the firearms dealer, went inside for a short time, exited, and then left. 

6On 16 January, you put something in your neighbour's bungalow. 
On 23 January, you spoke to your brother about the workings of a Steyr handgun. 

7On 25 January, you asked an ammunition supplier for Smith and Wesson ammunition, and he said he would look for you.  On 31 January, you met the same man, who gave you ammunition, and later that day, you contacted him and told him that some of the rounds were not firing.

8On 20 March 2017, you met an associate in the northern suburbs and you supplied him with a Colt .45 calibre semi-automatic firearm.  The supply of that firearm also constitutes the conduct charged in Charge 2, possess an unregistered general category handgun, and Charge 3, disposing of a general category handgun, except to a licensed firearms dealer.

9On 21 March, you contacted the ammunitions supplier again and asked for more Smith and Wesson ammunition.  On 28 March, you told your girlfriend you had finished your 'gangsta life', but you would 'make the odd hustle', and 'get and give ammo.' 

10On 4 April, you offered 'big money' to someone if he could find you Glock firearms.  And on 6 April, you went to a property, which was used as a safehouse, where you retrieved an item, which you described as being worth $200,000.  You put it in the boot of your car.

11On 9 April, you met a man at a service station where you gave him a .9mm semi-automatic handgun to give to a third party with $10,000. 

12On 4 May, you contacted the ammunitions supplier and told him you would give him a list of ammunition that you wanted.  On 15 May, you spoke with that man again and you asked him for some advice on some automatic ammunition. 

13On 2 May, you had met another person, who was later found in possession of two handguns. One of the handguns was modified to take the ammunition that you had been discussing with this ammunitions supplier, and it was linked, by DNA profiling, to you. 

14On 23 May, you told someone you had a .9mm handgun for sale for $15,000, and later that evening, you retrieved something from the boot of your car and took it to the safehouse.

15On 12 June, you delivered a sawn-off shotgun to a man in the northern suburbs. 
On 10 July, you met another man and you told him, referring to ammunition, you had .45s in the bag and you could probably get .32s.

16On 1 July, you searched online for information about a kit to convert a Glock semi-automatic handgun to fully automatic.  You spoke to someone about the conversion on the same day.  On 3 July, you obtained a price for the conversion kit.  And on 4 July, you spoke to someone about an order for a Glock-branded item.

17On 6 July, you spoke to another man about Glock conversions, and you, with him, watched a video which explained how the conversion was done. 
On 13 July, you spoke to the same man about converting three Glock semi-automatic handguns to fully automatic, which you could sell for $25,000. 

18On 15 July, you showed the Glock conversion video to another associate after you told your girlfriend that you had a Glock that never jams.  You told your associate you had two handguns for '50G', or $50,000. 

19On 17 July, you arranged for someone else to receive a package containing a Glock conversion kit, or kits, for you.  You had two images of the kits on the phone.  And on 29 July, you went to the shooting range at Port Melbourne, and there you fired a .9mm Glock handgun which had been converted to fully automatic.  And that conduct forms Charge 4, use an unregistered Category E handgun.

20At the shooting range, when you were using the handgun, you were standing forward of the designated firing line, which was outside the range at the safety baffles, and that conduct constitutes Charge 5, endangering persons of serious injury.

21Your firing of the handgun caused about $2,500 damage to the range's electronic targeting system.  That conduct constitutes Charge 6, damaging property.

22Your son was with you at the range and you gave him a .9mm semi-automatic firearm, which he fired, with your encouragement and under your supervision, and that conduct constitutes Charge 7, permit an unlicensed person access to a handgun.

23On 30 July, you told someone you could convert a Glock to fully automatic for $5,000.  On 10 August, you met an associate and told him you were the only person who had fully automatic Glocks.  You said you had three of them and they were worth $20,000 to $25,000 each. He asked if you could buy one.

24On 12 August, you were told someone knew a police officer who was aware of a Smith and Wesson for sale.  You said that if it was a 'cop one', you would take it.  Apparently, police believed that you were not a dangerous person but you were in a bad environment.

25On 14 August, you asked an associate about a rifle.  You said you had someone who wanted something bigger than a .22.

26On 17 August 2017, police arrested you and executed search warrants at your home and other properties linked to you. 

27From your home, they seized three mobile phones.  You refused to provide the police the passwords, and that conduct constitutes the summary charges of failing to comply with a direction to assist.

28From your neighbours' premises, they seized a loaded Glock semi-automatic handgun, part of Charge 1, and four Glock fully automatic conversion kits. Your possession of the conversion kits is the conduct constituted in summary Charge 9, possess part of firearm to alter a category.

29From another address, they seized a loaded Glock semi-automatic handgun and $73,000 in cash.  Your possession of the cash constitutes
Charge 8, dealing with property suspected of being the proceeds of crime. 

30At the same address, they also found magazines, ammunition, and a black BB plastic handgun and magazine. Your possession of the plastic handgun forms the summary charge, being a non-prohibited item possessing an imitation firearm.

311 of your mobile phones was fitted with a GPS jamming device, and that conduct constitutes Charge 9, possess a prohibited device, which is a Federal offence.

32You were charged with a number of offences and bailed.

33On 23 August 2017, police spoke to you again.  You told them two of the handguns had been given to you and that you had been asked to drop guns off for people.  You admitted supplying ammunition to people.  You said the conversions kits belonged to someone else.  You admitted you had used a converted Glock at the rifle range, and that you had your son with you.

34On 19 January 2018, you were arrested again and remanded in custody. 
You spent five days in custody until 23 January when you were admitted to bail, and you have continued on bail since that time.

35You have no criminal record. 

36You were born on 9 July 1987 at Melbourne and are now aged 32 years. 
You are the third of five children and the oldest male.  Your father was not a good parent and you adopted a fatherly role to your siblings.

37Your parents separated when you were in high school.  Your mother disappeared for a time but then returned, and your parents reunited.  However, there were further separations, and your parents eventually divorced in 2014 when your father moved to Tasmania and remarried.  Your siblings have all since moved to Tasmania, and you have little contact with them. 

38In your childhood, you attended local schools. After Year 10, you went to work for your father as a builder's labourer and you have had other work in the building industry. Subsequently, you stopped work to care full-time for your son.  Your mother has remained living with you and you look after her.  Her doctor confirmed she is unable to look after herself and you are her carer.

39You also have been the sole carer of your son, now aged 12 years, since he was two years old.  He has had no contact with his mother, who has had significant drug issues, for two years.  Your son is being bullied at school because he is overweight.  To help him lose weight, you diet and swim together.

40Your doctor confirmed your responsibilities as a single parent for your son.  He described you as a caring father who looks after his son extremely well.  He said your behaviour at his clinic has always been exceptional.

41There is no other family member to look after your son in your absence, according to your mother and your brother.  Both worry about your son's wellbeing if you are separated from him.  Your mother also confirmed your plans to marry your girlfriend of six years, and that those plans have been put on hold pending the outcome of these proceedings.

42You have a good record of service to your community.  Through the Youth Justice Alliance at Broadmeadows and the Somerton Youth and Community Centre, you volunteer as a mentor to assist socially challenged young people, and you support a charity which provides access to clean water for people living in East Java.

43Friends who know you through your local community, a pharmacist, a travel agent, and a school First Aid officer, confirm your significant community contributions and your care of your son and sick mother.

44On 27 July last year, you were assaulted as you were walking from your mosque.  Austin Health records show you suffered a fractured jaw for which you have two operations.  Since the assault, you have suffered anxiety, sleep disturbance and impaired memory. 

45Your GP referred you to a psychologist who has been treating you since June this year.  He said your symptoms are consistent with acute stress disorder.  He described you as a dedicated family man who engages keenly in treatment. You told him you hope for a chance to rebuild your life following your offending.

46You were also referred for neuropsychological examination.  On testing, you demonstrated memory deficits consistent with post-traumatic amnesia following your assault.  You also exhibited significant psychological distress which made it difficult for the neuropsychologist to evaluate whether you have any cognitive deficits in consequence of your head injury.  She strongly encouraged you to continue to engage in psychological treatment for your symptoms.

47Carla Ferrari, consultant psychologist, assessed you on 22 May 2019.  
Her opinion is that you have suffered and continued to suffer symptoms of depression, anxiety and stress, which originated from your own unstable family circumstances and continued with family deaths and the responsibilities of single parenting and caring for your mother.

48In her opinion, those symptoms, while not causally linked to your offending, will have adversely affected your decision-making, your judgment and your behaviour during the period of your offending.  She described you as genuinely remorseful for your actions with good insight into your behaviour.  You have also expressed remorse to your family and friends.

49Noting that you have no history of any other offending, that you do not use alcohol or drugs, that you have the sole care of your son and mother, that you have a stable relationship with your partner, that you have strong family and community support, that you have disassociated yourself from your former criminal associates, and you have demonstrated a positive attitude towards supervision under bail, which included a curfew, she is of the opinion that you are a low risk of reoffending.

50Also, in her view, because of your psychological symptoms, a custodial sentence is likely to weigh more heavily on you and be detrimental to your mental health and recovery. 

51I accept her opinions.

52In written and oral submissions, your counsel, Mr Saunders, relied on the following factors in mitigation of penalty.  Your guilty plea made at committal before any witnesses were called.  Your absence of any other criminal record.  Your considerable community contributions.  Your remorse.  Your mental health, which was linked to your unstable upbringing, for its adverse impact on your decision-making when you offended.  And also, for the engagement of Verdins principles five and six, which relate to the likely adverse impacts of incarceration on you.

53He also relied on exceptional family hardship, as you are the only family member capable of looking after your son whom you have parented solely since he was two years old.  And taking into account your significant steps towards self-rehabilitation since January 2018, and the other factors Ms Ferrari identified, he submitted you have excellent prospects of rehabilitation.

54I accept the force of these submissions, and have taken each factor into account in moderating the sentence I would otherwise impose on you.

55Mr Saunders submitted a lengthy community correction order with appropriate mental health treatment conditions would be the appropriate disposition.

56Mr Livitsanos, who appeared for the prosecution, referred me to photographs of a Colt .45 handgun, two Glock fully semi-automatic handguns, and another Glock semi-automatic handgun, a Smith and Wesson revolver, and the imitation firearm which you had either supplied to someone else or had in your possession at the time of your arrest.

57He also played in court a You-tube video, produced by American firearms enthusiasts, which graphically demonstrated the firing of a semi-automatic handgun converted to fully automatic so that it effectively operated as a machine gun. He also played phone camera footage of you, at the rifle range, with your son. It showed you firing a converted semiautomatic handgun and your son, firing a semi-automatic weapon, under your supervision.  The photographs and the film vividly demonstrate the grave potential danger of firearms which, as we know, can be used to take a life or cause serious injury.

58Mr Livitsanos submitted your dealings in firearms was a serious example of the offence, as over a period of nearly nine months, you unlawfully supplied firearms to others and you held yourself out to be able to supply firearms, ammunition and semi-automatic to automatic conversion kits for firearms, which had potential to cause lethal harm.

59He submitted the most serious charges, accordingly, were the first charge, conducting the illegal business of dealing in firearms, and the summary charge, Charge 9, possession of the conversion kit, which was capable of converting a semi-automatic pistol to effectively a machine gun.  He also submitted it was concerning that you should be encouraging your son to use a semi-automatic weapon.

60In that regard, Mr Saunders submitted I should have regard to the fact that you were a shooting enthusiast who was a member of the rifle club, and you had gone to the range with a friend and your respective sons to fire the weapons in a safe, controlled environment.  Range wardens were present, and the boys were provided with protection, close instruction and supervision when they fired the handguns.

61I note you held firearms licenses for hunting, sport and shooting, and lawfully owned a shotgun and the semi-automatic pistol.  You were a shooting enthusiast with an expertise in firearms operation.

62Mr Livitsanos referred me to the Court of Appeal decision of DPP v Munro, where the court referred to the grave danger of the unlawful possession and use of firearms which usually accompanies the commission of other serious crimes.  I accept Mr Livitsanos' submission that your offending was serious.

63However, exceptionally, in your case, I accept you are not the usual criminal who commits firearms offences to commit other offending. I accept, because of your firearms expertise and lack of criminal record, you were the target of criminals who wanted firearms to pursue their criminal activities.

64A community correction order, by its nature, is punitive and can be appropriate punishment for serious offending.  I have had you assessed for a community correction order and you have been found suitable.

65I am satisfied, taking into account the circumstances of the offending and your personal circumstances, that a lengthy and appropriately conditioned community correction order can meet all purposes of sentencing, including general and specific deterrence, just punishment, and your rehabilitation. 

66Please stand, Mr Ibrahim.

67On all State offences - that is, the indictable offences, Charges 1 to 8, and the five summary offences - you are convicted and released on a community correction order for a period of three years.

68In addition to the core conditions which have already been explained to you,
I impose the following special conditions:  supervision, that you perform 300 hours of unpaid community work, and that you attend for treatment and rehabilitation in relation to your mental health.

69I direct up to 75 hours of your treatment and rehabilitation program can be set off against the unpaid community work component.

70On the Federal charge of possessing a prohibited device, you are convicted and fined $500.  You may have a seat.

71I declare, but for your plea of guilty, I would have sentenced you to a term of imprisonment of two years with a non-parole release period of 18 months. 

72I make orders for the forfeiture and disposal of the firearms and ammunition, and the bags, the GPS jammer, the plastic BB handgun, the mobile phones, and other items which police seized in the terms of the orders which are filed in court.

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