Director of Public Prosecutions v Nalder&Anor

[2020] VCC 1456

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

AT LATROBE VALLEY
CRIMINAL JURISDICTION

CR 19-02360
CR-19-02359

DIRECTOR OF PUBLIC PROSECUTIONS

v

GRANT NALDER
MARTIN LOCANDRO

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JUDGE:	HIS HONOUR JUDGE SMALLWOOD
WHERE HELD:	Latrobe Valley
DATE OF HEARING:	17 June 2020, 1 September 2020
DATE OF SENTENCE:	10 September 2020
CASE MAY BE CITED AS:	DPP v Nalder&Anor
MEDIUM NEUTRAL CITATION:	[2020] VCC 1456

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr N. Batten	Office of Public Prosecutions
For Accused Nalder	Mr J. Williams	Adrian Paull Criminal Lawyers
For Accused Locandro	Ms E. Millar	Victoria Legal Aid

HIS HONOUR: 

1Grant James Nalder, you have pleaded guilty to seven charges of burglary, two charges of attempted burglary, seven charges of theft, three charges of attempted theft, one charge of cultivation of a narcotic plant, one charge of possession of an explosive substance, one charge of possession of counterfeit money, one charge of possession of a trafficable quantity of firearms, one charge of possession of a drug of dependence and one charge of possession of a silencer, being a prohibited person. 

2You have also pleaded guilty to a significant number of summary offences.  Some of those involve driving.  You have a non-prohibited person possessing an imitation firearm charge and weapon charges and the like.

3I make it clear that there is going to be no real significant difference to the sentence because of those summary matters and I will just simply pass sentence on each of them according to their number and there will be a small amount of cumulation.  All matters which do not carry gaol will simply be convicted and discharged.  I can see no point in having you ultimately released with fines floating around everywhere. 

4You, Mr Locandro, have pleaded guilty to six charges of burglary, three charges of theft, two charges of attempted theft, two charges of attempted burglary and one charge of arson.  The crime of burglary carries ten years,' theft, ten years, attempted theft, five years, attempted burglary, five years and the arson I think is ten from memory. 

5Insofar as you are concerned, Mr Nalder, those maximum sentences apply to each of the charges, with your cultivation of narcotic plants, 15 years, possess explosive substances, five years, possess counterfeit money ten years, possess trafficable quantity of firearms, ten years, possess drug of dependence, five years, and possession of a silencer carries eight years. 

6Each of you pleaded guilty at a reasonably early opportunity to a, in some ways, settled indictment.  You must get the benefit of that plea of guilty both in terms of the remorse that that does indicate, and also the utilitarian benefit of the plea of guilty.

7This is a situation where each of you could have run a trial in the circumstances and there being essentially circumstantial evidence.  You, Mr Nalder, are aged 35.  You, Mr Locandro, are aged 42. 

8The situation is that you, Mr Locandro, have relatively minor prior convictions.  You have been an amphetamine user for a significant period of time.  You told your counsel that the reason that you were involved in all this was that you wanted the money because you were effectively leaving your job.

9You, Mr Nalder, do have significant prior convictions.  You have - and this is of real concern in this sentencing process - prior convictions in regard to firearms. 

10In March of 2018, you were convicted of being a prohibited person in possession of a firearm and back in June of 2017, you were convicted of possessing unregistered general category handgun and possess long arm without a licence.  Since that period of time, back in 2017, you were again found guilty of having a silencer.  Those matters are of concern in this matter, bearing in mind what I am about to describe as the offending that has occurred.

11The Crown opening has been tendered and will simply be annexed to these my sentence remarks which enables me to summarise in relatively brief form.  I will be as brief as I can. 

12He writes mainly of a series of ten overnight burglaries and thefts and attempted burglaries and thefts targeting automatic teller machines in small towns in rural Victoria.  It happened between 17 October 2018 and 3 March 2019.  In some of those, offenders wearing hoodies and balaclavas were captured on CCTV footage at a number of those crime scenes.  You used high-powered tools such as angle grinders and a heavy duty spreader to attempt to get access to the contents of the ATMs.  It is clear that it is an ongoing criminal enterprise and you are each charged as a principal. 

13You, Mr Nalder, have a charge of 25 indictable offences and as I have indicated, 15 related summary offences.  In your situation, you succeeded in accessing the contents of a safe at Avoca Racecourse, and Bendigo Bank ATMs at two locations, Beaufort and Lake Bolac.  During that period of time you were able to obtain sums of - I have been dealing with this with different charges - but $35,000, $189,000 from one, and $96,000 from another. 

14You, Mr Locandro, are not charged with as many offences and you are charged with 14 in fact indictable offences arising out of eight of the incidents.  You were the only one charged with the arson. 

15There is a significant amount of material in that opening which relates to phone calls and tracking of them and the like, and I do not propose to go into all that. 

16The Charges 1 and 2 of burglary and theft relate to the Avoca Shire Turf Club.  The pair of you broke into the tool sheds situated next to that club and removed an angle grinder and jemmy bars.  You then broke into the office building, using the angle grinder to cut open the club's safe, $35,700 in cash was taken from the safe. That had been obtained from the day before to provide cash floats for the Avoca Cup that was going to be held on 20 October.  The cash was stored in bags and I note one of those was apparently found later. 

17The manager discovered the theft on 18 October. She found the club property strewn across the grass, extensive damage to the shed, grandstand, office, power box, safe and elsewhere. The cost of repairs and replacement of damaged items was $43,624.95 and the club was required to pay $20,000 as the excess under its' insurance policy. 

18I note the position of the Crown that the compensation orders are not to be sought at this stage, and that will be a civil matter for various claimants if they wish to proceed with that later on. 

19On 16 November, 2018, you, Mr Nalder, attended the Commonwealth Bank in Ballarat and deposited in excess of $5000 of that money. You were captured on CCTV carrying it in a calico bag.  Later that day, you paid $5500 via Paypal to Industry Surplus Australia for a handheld cordless Genesis EForce Brute spreader tool for delivery to Clarinda.  That was the address of your partner.  Expert evidence says that that spreader was later used in at least three incidents to attempt to force open ATMs.

20On 19 November 2018, a grey Toyota Landcruiser was stolen and there is evidence that that was later driven by you Mr Nalder, and gives rise to a charge of theft of a motor vehicle.

21You, Mr Locandro, were the registered owner of a silver Holden Commodore and that was, on the Crown opening, used in most of the ATM offending and frequently captured on CCTV.  The stolen vehicle also appears to have been used in a significant number of these events. 

22The second incident involves the Beaufort Community House, Charge 3 burglary, Charge 4, theft.  This was a Bendigo Bank ATM.  At approximately 3.10 am on 29 November 2018, you, Mr Nalder forced entry to the Beaufort house by unknown means.  The rear of the ATM was forced open and $186,810 in cash was stolen.  There were multiple persons at that premises when this was being done, it would seem, but I will be careful and note that you, Mr Locandro, are not charged with that. 

23Later on 29 November, Mr Nalder, you attended Bunnings in Ballarat and bought various items, bolt-cutters and the like.  They were later found at premises occupied by you. 

24On 14, 15 and 16 December, you two and an allegedly a co-accused, were involved in three overnight incidents using the Landcruiser and your car Mr Locandro, and targeting ATMs.  The first I will refer to is the Creswick Bookshop, Charge 5, burglary, Charge 6, attempted theft.

25It was located in Albert Street in Creswick and has a Commonwealth Bank ATM.  A witness heard loud, grinding noises coming from the Cosgrove Reservoir carpark, saw two vehicles leaving the carpark and followed them.  In the end, the offenders gained access to the Creswick Bookshop by drilling out the front door and using a jemmy bar on the door.  A crime scene examiner later observed tool marks on the door and hinges at the rear of the ATM.  Your action set off an audible alarm and you left without gaining access to the ATM. 

26The charge of the Skipton Op-Shop was again a Commonwealth Bank ATM.  On 5 December, 2018, at approximately 1.48 am, you drilled out the front door lock and gained access to the shop.  An attempt was made to open the ATM using an angle grinder and a hydraulic spreader.  The damage to the ATM triggered an alarm and you fled before being able to open it.  The value of the ATM which was destroyed, was in excess of $6000. 

27On 16 December, 2018, your co-accused was seen in Barham and again, I will not go into that because of the situation is that he is conducting a trial. 

28Charge 9 was an attempted burglary where you two, on 16 December at about 3.58 am, attempted to access the Maldon ATM by cutting into the mortar in the brick wall adjacent to the rear of the ATM.  About six cuts were made and damage was consistent with the use of a grinder.  The damage was not noticed until some days later and it would appear that the stolen Landcruiser was seen there.

29You then have unlicensed driving charges Mr Nalder, which I will not go into here. It seems clear that in late December you were seen conducting reconnaissance near the Bendigo Bank in Dunkeld. 

30In the early hours of 29 December, you targeted the ATMs in Dunkeld and Lake Bolac.  Those towns are about 30 to 35 minutes apart.  A witness at Dunkeld heard three voices and CCTV at both locations captured the Landcruiser and your Commodore, Mr Locandro. 

31The Dunkeld matter which relates to Charge 10.  The Dunkeld Bendigo Bank branch has an ATM.  At 2.27 am on 29 December, sounds were heard and entry was gained into the bank and triggered an audible alarm and again, in that situation you fled without accessing the ATM and no damage was caused through it.  Again, the evidence is clear that there are two offenders present. 

32Charges 11 and 12 of burglary and theft, is the Lake Bolac Information Centre, and that had an ATM that was accessed using the angle grinder and a hydraulic spreader, and $96,870 in cash was stolen and has not been recovered.  The ATM was rendered unusable and the payout cost on it was in excess of $26,000 and the cost to remove and replace it was $8000 more.  Again, CCTV footage captured vehicles. 

33Again, there are some driving matters related to you Mr Nalder, which I will not go into here.  The next serious matter is Charge 14.  That is the attempted theft of the ATM in Queenscliff Harbour.  At approximately 12.20 am, you Mr Nalder and unknown others, it would seem, used an angle grinder on the ATM in an attempt to open it and steal cash inside and you were seen and were seen carrying bolt cutters.  Circumstantial material was later found in vehicles that led to that event being identified.

34On the afternoon of 10 January 2019, you, Mr Nalder and another, were seen outside the Bendigo Bank obviously conducting surveillance.  A tracking device was placed on your car, Mr Locandro, and a tracking device was placed on the stolen vehicle that you had been driving, Mr Nalder. 

35Incident 9, Charge 15, which is an attempted burglary, is the ATM at the Ballan Bendigo Bank branch, again 1.30 am in the morning, attempted get in with an angle grinder. The damage was not noticed until sometime later.  Again, CCTV footage captures the alleged vehicles involved. 

36Sometime later, the stolen Landcruiser was seized near the co-accused's premises.  I do not need to go through all the details of that, but obviously equipment that was used in the burglaries, was found. 

37Charge 16 is theft of a motor vehicle.  I do not need to go into the detail of that.  Charge 17, for each of you, electronic tracking showed where your vehicles had gone and at approximately 4 am on 3 March, the two of you stole a front end loader from the Creswick Quartz Quarry, hot-wired to get it started, picked up a load of sand and stone, and drove through the Cyclone fence of the quarry.  That is Charge 17 of theft. 

38Charge 18 of burglary was the Clunes Newsagency and the front end loader was used to essentially tear the front of the shop in an endeavour to get to the ATM.  That was unsuccessful and an alarm was activated.  The ATM was not breached and no money was stolen.  In total the insurance claim for the rebuilding works and the loss of income was, I am told, over $200,000.  The two of you left, leaving the front end loader running in the middle of Fraser Street. 

39Charge 19 of arson.  This involves you, Mr Locandro, was a Ford vehicle being set on fire and destroyed, with a replacement value of $35,000. 

40Each of you were arrested and again I do not need to go into the detail of all that.  Various items were found which are supportive of the charges against you. 

41Very significantly, in my view, that in a shed used by you, Mr Nalder, there is no doubt that they, in my view, that they were yours, were 22 illegal firearms.  There was a Beretta shotgun, a Gamo air rifle, a home-made handgun, a Cleaver and Johnson double barrel shotgun, a Jay Malidi double barrel shotgun, an unknown brand of rifle, a Lithgow bolt action rifle, a Lithgow rifle, a single barrel shotgun, a Remington single barrel firearm, sawn-off sterling single barrel shotgun, a two bolt action single barrel, an under and over shotgun, another shot gun, a .22 rifle, two more Lithgow .22 rifles, another Beretta sawn-off shotgun, a starting pistol, another air rifle and a dismantled handgun and a revolver handgun, and there was also ammunition and the like found, which gives rise to some of the summary matters.

42In that shed with those weapons, was found to be nine boxes of Winchester 12 gauge shotgun cartridges, some 225 rounds in total, six boxes of .22 ammunition, each containing 50 rounds, and a large box containing assorted boxes and bags of ammunition.  There was a box containing various shotgun cells, another bag of assorted ammunition, a belt containing 19 shotgun cartridges, rounds of 12 gauge ammunition, a magazine with one round of .22 in it, air rifle ammunition and various matters relating to the burglaries. 

43Also a drug of dependence was found, which as I understand it, was testosterone and also, and significantly in your situation, a silencer was found.  Again, I will not go through all the details.  There is a crossbow which is the subject of a charge and a cattle prod which is the subject of a charge.  There were railway explosives, a detonator, a practice grenade and clearly it was a veritable arsenal. 

44When your partner's home was raided, 16 cannabis plants were found growing.  That gives rise to the cultivation of cannabis.  There was also ammunition found at that particular address. 

45You were also found in possession of the counterfeit money, contrary to s.9 of the Crimes Act which is a Commonwealth matter and I will deal with that again later.  I will not go through the other summary matters.  They can just be dealt with as I sentence. 

46Also found in your work vehicle Mr Locandro, when you were arrested, were two balaclavas, two black face masks, a pair of black and grey Actifest gloves and a black cap.  Each of you, as you were quite entitled to, exercised your right to make no comment and I have already taken note of the fact that you have now ultimately pleaded guilty to what is in large a circumstantial case.  I have made the necessary orders, and they have been made and handed down. 

47The offending is serious indeed and involves a lot of preparation.  It involves surveillance, it is prolonged, it is for high gain, or attempted high gain, and I refer to the decision of DPP v Bauer where the Court of Appeal went through the various matters that are taken into account when looking at commercial goods.  The value of the goods in here, in total for you Mr Nalder, was something in the order of $320,000.  There was very significant damage caused which may result in court cases later on, I do not know, and it was persisted with over a period of time. 

48It is a difficult situation, where it seems to me that a number of judges have given an aggregate sentence.  I find that difficult to do where there is clearly distinctions between the burglaries and I have endeavoured to give a sentence for each, even though that became somewhat complicated and convoluted.  Each of you had ample opportunity to desist in the offending, and instead of desisting, went on with it and acquired more tools and the wherewithal to carry out even more of them, so this sentence has to reflect all those matters. 

49On your behalf, Mr Locandro, it was put that there was a parity argument.  It is a situation where, in the ultimate, and I think this is to Mr Nalder's benefit, not to your disadvantage Mr Locandro, I have decided, for the charges that are jointly faced by each of you, to give the same penalty. 

50You, Mr Nalder, are in a different position because of the firearms and other matters and it is clear that you with a lot of the equipment at least, were the one responsible for purchasing it.  However you are both charged as principals and on that simple basis I see no reason to distinguish between you, primarily because, as I think I have alluded to at least, you, Mr Nalder, are going to receive significant sentences for other matters and indeed, your offending is reflected by another serious burglary charge not faced by Mr Locandro.

51Victim impact statements were tendered in relation to the matter and so far as the Clunes Newsagency was concerned, it was months before it could be restored and opened again.  The owner of the premises had a hugely stressful time and it affected his health.

52So far as the town was concerned, obviously there was considerable financial impact to the town, it being the only banking facility closed during shop hours.  Customers had to leave town to travel to Ballarat or Creswick and it has been pointed out the final cost of the rebuild and loss of income, was in excess of $200,000.  It caused a significant increase in the insurance premium which I have no doubt of. 

53Insofar as the Avoca Race Club is concerned, the victim impact statement tendered in that indicates just the toll that an action such as this takes on a community, or the effect it has on a community.  The burglary occurred only a few hours, or 48 hours before the main community cup day, which sees 6000 in attendance.  There was a situation where money that would normally be made could not be made. 

54The ability of the club to pass on profits and the like to other organisations in the town was severely affected.  People became upset that various personal items, photos, computers and the like had been damaged, there was a sense of fear of the unknown in going to the club for people who work there.  It has caused obviously enormous emotional stress on the people involved, as well as the significant financial difficulties.

55It is pointed out at the end of that victim impact statement:

'The crimes have a large social impact on the viability of the race club and the opportunities it generally provides to other community clubs due to financial donations each year.  The financial burden and out-of-pocket costs have meant the club has needed to reassess its processes and how it would normally provide back to the community.  The town of Avoca is a small, tight-knit supportive community and rallied around the club after the crime to help rebuild and offer services and support.  The club manager has struggled to be back at the club on her own and feels unsafe, which was not the case prior to the crime.  Work motivation also has been an issue.'

56Those victim impact statements eloquently describe the effect particularly on small country towns that offending such as this has and it comes as a shock to those people involved, at just how damaging it can be to their community when something such as this takes place.

57You, Mr Nalder, have been to gaol before, albeit for a period of 51 days.  You, Mr Locandro, as I understand it, it is your first time in custody.  You, Mr Nalder, did not start offending, it would seem, till you were somewhere in the order of your early 30s.  You, Mr Locandro, as I have indicated, have prior convictions but of a relatively minor nature. 

58Submissions were tendered on each of your behalf, and very sensibly at the end, it was agreed that a community corrections order was simply out of range and that the only sentences that could be imposed were a head sentence and a minimum term.  In neither of your situations do the principles involved in Verdins give rise here to any reduction in moral culpability. 

59Each of you has had your own difficulties in life, and I have already referred to the authorities which point out how serious such offending can be.  I looked at a number of matters, and it seems to me that it is difficult to conceive of a more significant series of burglaries for people of your backgrounds, than this situation.

60I then look to how long that sentence should be for each of you.  As I have indicated, it is going to be different between you because of your greater volume of offending, Mr Nalder. 

61In any event, since each of you have been in gaol, you have been there whilst this COVID-19 business has been taking place.  I accept that each of you would have been involved in lockdowns, and lost the capacity to have contact visits.  It makes it difficult doing programs and all those matters make it much harder and the Court of Appeal and the Supreme Court have made comments on that recently, and I do take those matters into account. 

62Also it is a situation where each of you will be involved in those lockdowns and the like for a period of time to come. 

63Tendered on your behalf Mr Nalder, were bundles of certificates and documents indicating that you have done everything, I think it is fair to say, you could in gaol, to endeavour to rehabilitate yourself.  There is also a bundle of character testimonials as follows which talked to me that you have been, in the past, a caring person, but the circumstances here, as I say, are overwhelmed by seriousness of the offending. 

64You have lived your whole life in the Ballarat area.  You came from a supportive family and when you were approximately six years of age went to live with your father who you developed a very strong and close relationship with.  You left school halfway through Year 11 and you went to TAFE in Ballarat and did a pre-apprenticeship course in the electrical trade.  At the time, you had intended to go to Melbourne to work as an electrician. 

65At around that time, your grandfather suffered a stroke while undergoing surgery to remove part of his lung.  Your father asked you to put your apprenticeship aside and take on the care of your grandfather and you agreed to do that.  He needed full time care and as a young man of 18 to 19 years of age, you took that responsibility on.  I am told that you helped him to dress and bathe, took him to medical appointments and assisted him with household chores.  You looked after him for probably around about four to five years till you were around about 22 or 23 years of age. 

66After his death, you obtained an apprenticeship as an electrician in Melbourne and worked on large construction projects in Melbourne for Acton Electrical.  At that point, you purchased a house in Grant Street, Ballarat, with your then-partner and you moved into together.  However, your father's health began to deteriorate and ultimately he moved in with you so that you could help him when needed.  He suffered from a number of serious health issues and as I understand it, at least one of them suffer from yourself.  He had a congenital heart condition and suffered from depression.

67He passed away around about eight years ago and the circumstances of his death I accept were traumatic for you.  You had left your father to attend a dental appointment, and returned home to find him deceased in the doorway of the home.  You tried to revive him, but were unable to do so. 

68Since then you have experienced extreme feelings of guilt in relation to that, that you were not at home when he was dying.  That has been significant and indeed there is mention of it in a psychological report which was tendered on your behalf.  You never really returned, as I understand it, to full time work after the death of your father, and it would seem it was from that time on that your relationship with drugs, and what I am told, gambling, continued.

69Following his death, you became engaged to your partner, Marianne.  That relationship fell apart not long after the engagement and you lost all motivation.  You began to struggle financially, you ended up selling the house, moving into a house in Wendouree which is the house that your grandfather had had. 

70I am told that you come from a family of hoarders and that house effectively became unliveable because of that hoarding, I am told it was in the context of the issue of grief was when the drugs started, you commenced a relationship with a Ms Le Pre and you were unable to live together.  You started using the poker machines and you first came to the attention of the authorities in 2017 as I have indicated, when you were 32.  You ended up in custody for the first time, and did 52 days and were released.  Unfortunately, it was after that, that you embarked upon this series of offences. 

71You have two young children.  I have taken into account that you will not be having contact visits with them because of the circumstances of COVID-19 and that is something that you have missed.  Again, that is one of the punishments if you like that offending of this sort brings on not only yourself, but the children and the family. 

72A report from Mr Staras, a forensic psychologist, was tendered on your behalf, and really just simply says that you have limited coping skills, that the grief, unresolved trauma upon the death of your father and prior to that your grandfather, led to periods of poorly controlled depression and you used substances as a means of coping and escapism.  I accept all that, and that it puts into a context, but of course, in this situation, it cannot in any way excuse what was calculated, pre-meditated offending. 

73I take into account the matters put on your behalf by your counsel, that is your plea of guilty, the remorse, the causative factors leading to your condition under which you did offend, and you have not done a term of imprisonment of any significant length because as I have pointed out, you have done 51 days, not long before all this happened. 

74You do have family support upon your ultimate release, and if you can rehabilitate, and the prospects of that are really up to you, there is no reason why you should not be able to work and become a useful member of the community.

75In your situation, Mr Locandro, you are 42 years of age.  Matters were put on your behalf.  You were between 40 and 42 at the time of the offending.  You also were raised in Ballarat and you have little memory of your father living with the family.  Your mother suffers from bipolar affective disorder.  When you were a child she suffered a number of breakdowns and you were looked after by various family members or foster-carers.  You had supportive maternal grandparents, however your grandfather died when you were around about eight or ten years old, and your grandmother died in your early teens.  The family moved house often and the children attended a number of different schools which is never of great assistance later in life.  Your father had contact with you when you were a teenager.  You were not interested in having a relationship.  By that stage, he had re-partnered and from what I am told, been to gaol himself.  

76Prior to being remanded, you were living with your sister in Ballarat.  It is a joint rental property and you were there for eight or ten years.  You plan to live with your sister and mother on your release.  You did not do well at school and ultimately failed Grade 4 and somehow or other were able to get halfway through Year 9.  You have poor literacy skills and I accept that that causes you difficulties as well.  You have no formal education, only trades certificates.  Again, as with Mr Nalder, you have done courses within the prison and you get credit for that. 

77You do have a commendable work history.  After leaving school, you were unemployed and receiving benefits, but however then worked in a number of labouring jobs, gained employment with Steel Frame Solutions as a forklift driver, and you remained in that role for 18 years until you were remanded. 

78In custody you have been working as a billet.  You have no children and it would appear to have never had an intimate relationship.  You clearly have difficulties coming from having meningitis when you were aged ten, and also Guillain-Barre Syndrome which is a neurological disorder. 

79It does not give rise to the principles in Verdins, but clearly shows that you have difficulties in life and it may cause you some extra difficulty being in the custodial environment, but nothing of enormous concern. 

80You started using amphetamines in your 20s and it escalated from there.  You used alcohol over the years but that has never really been an issue for you.  You have never had any form of drug counselling and have at least tried to do a couple of drug courses whilst you have been in prison.  To your credit you have done drug screens as has Mr Nalder, which have come up negative.

81I have read the report of Ms Mynard who talks about the grief that you had suffered, that you had very little affection as a child and that led to you being wary and distrusting as an adult.  You do have symptoms of social anxiety and depressive symptoms and I accept all those matters.  She says there are a number of traits which are indicative of autism spectrum disorder or social communication disorder and she indicates that a number of matters should be pursued in the future.  You told her that insofar as this offending was that you, 'Did what he was told.' 

82There is no real evidence about that, other than what I have said that Mr Nalder did seem to get the, or buy the equipment, however you Mr Locandro, could have got out of this at any stage.  She says that you have little insight into the offending and she says that your judgment appears to have been based on peer pressure as well as difficulty with expressing yourself.  That may or may not be the case, but it must have been obvious, even to you, Mr Locandro, that this type of offending, in particular with the front end loader, was just out of control. 

83The assessment on you is that you are a high risk of offending if you struggle to find work again.  There is the neuro-psychological assessment by Dr Linda Borg and she deals with some of the problems that were raised in Ms Mynard's report. You do not meet the diagnostic criteria for the matters that she had concern for.

84The prospects of rehabilitation are really up to you.  Each of you has been very sensible in gaol.  You have done courses and you appear to have remained abstinent of drugs. 

85It is a situation where the risk of you reoffending will be dependent upon that rehabilitation and it is all somewhat problematic. 

86It is not a situation where I think, at this point in time at least, bearing in mind your relative criminal histories, that community protection becomes all important, but were you to be released and offended in a manner such as this, very, very serious sentences indeed would be passed upon you. 

87The situation is obviously that this is very serious offending, and calls for the application of general and specific deterrence as well as denunciation and an appropriate punishment. 

88As I already indicated and it seems to be a matter that has been noted by the Court of Appeal on a number of occasions in very difficult sentencing propositions, I have to take account totality for each of you and in your case, in particular, Mr Nalder, I have to avoid what might be seen as a crushing sentence.

89Having done those, or having taken those matters into account, and the amount of material that has been placed before me, I still have to sentence you for the offending that occurred, and occurred over a significant period of time. 

90Insofar as the firearms are concerned, the decision of Berracon I think it was, about whether they were for an unlawful purpose or not.  I simply say this, that was an arsenal of firearms and ammunition available for most of it, and sawn-off shotguns have no lawful purpose that I have ever heard of.  It is in my view a very serious example of a trafficable quantity of firearms and indeed, that is going to be the base sentence upon which the other matters are accumulated to a degree. 

91I have endeavoured to limit accumulation as much as possible because of the, as I have said, totality and the risk of, in your case, Mr Nalder, of a crushing sentence.

92In any event, I will sentence as follows.  I will do this slowly gentlemen, it is pretty obvious how difficult it is.  Mr Nalder first: 

93Charge 1, 15 months. 

94Charge 2, 18 months.

95Charge 3, 12 months.

96Charge 4, 24 months.

97Charge 5, 12 months.

98Charge 6, nine months.

99Charge 7, 12 months.

100Charge 8, 12 months.

101Charge 9, nine months.

102Charge 10, 12 months.

103Charge 11, 12 months.

104Charge 12, 18 months.

105Charge 13, three months and a 12 month disqualification from driving. 

106Charge 14, nine months. 

107Charge 15, nine months.

108Charge 16, three months.

109Charge 17, six months, and also there is a 12 month disqualification on Charge 17 as well. 

110Charge 18, 12 months.

111Charge 20, six months.

112Charge 21, one month.

113Charge 22, the Commonwealth matter, seven days; that sentence to commence today. 

114Charge 23, the firearms matter, 30 months. 

115Charge 24, four months.

116Charge 25, six months.

117Charge 26, one month.

118I direct that nine months of the sentence imposed on Charge 2, 12 months of the sentence imposed on Charge 4, three months of the sentence imposed on Charge 5, three months of the sentence imposed on Charge 7, three months of the sentence imposed on Charge 9, three months of the sentence imposed on Charge 10, six months of the sentence imposed on Charge 12, three months of the sentence imposed on Charge 14, three months of the sentence imposed on Charge 15, two months of the sentence imposed on Charge 17, three months of the sentence imposed on Charge 18 and two months of the sentence imposed on Charge 25 be served cumulatively upon each other and upon the sentence imposed on Charge 23. 

119On the summary matters, sentenced as follows:

120On Summary matter 24, three months, with one month cumulative on the total effective from the indictment.  There is also a period of four years you are disqualified from the obtaining of a drivers licence is cancelled, disqualified from obtaining one for four years and is to run concurrently with the other order.

121On Charge 25, three months and one month of that to be cumulative upon Charge 24 and upon the effective sentence on the indictment. 

122Charge 33, one month.

123Charge 34, one month.

124Charge 26, convicted and discharged.

125Charge 41, three months.

126Charge 42, convicted and discharged. 

127Charge 81, convicted and discharged.

128Charge 43, convicted and discharged.

129Charge 78, convicted and discharged.

130Charge 46, convicted and discharged.

131Charge 47, three months. 

132Charge 66, one month.

133Charge 75, one month.

134Charge 71, one month.

135On my calculations that amounts to a total effective sentence on both the indictment and the summary matters of seven years, and you are to serve a minimum term of four years and 10 months before becoming eligible for parole. 

136I direct that 554 days be reckoned as having been served under the sentence. Pursuant to s.6AAA of the Sentencing Act, I say that but for your plea of guilty, you would have been sentenced to be imprisoned for a period of ten years with a minimum term of seven. 

137You, Mr Locandro:

138Charge 1, 15 months.

139Charge 2, 18 months.

140Charge 5, 12 months.

141Charge 6, nine months.

142Charge 7, 12 months.

143Charge 8, 12 months.

144Charge 9, nine months.

145Charge 10, 12 months.

146Charge 11, 12 months.

147Charge 12, 18 months.

148Charge 15, nine months.

149Charge 17, two months.

150Charge 18, 12 months.

151Charge 19, six months. 

152I direct that three months of the sentence imposed on Charge 5, three months of the sentence imposed on Charge 7, three months of the sentence imposed on Charge 9, three months of the sentence imposed on Charge 10, six months of the sentence imposed on Charge 12, two months of the sentence imposed on Charge 15, two months of the sentence imposed on Charge 17 and that comes with a 12 month licence disqualification, three months of the sentence imposed on Charge 18 and two months of the sentence imposed on Charge 19 be served cumulatively upon each other and upon the sentence imposed on Charge 2. 

153That leaves a total effective sentence of three years and nine months.  I direct that you serve a minimum term of two years and four months before becoming eligible for parole. 

154I direct that 554 days be reckoned as having been served under this sentence, and pursuant to s.6AAA of the Sentencing Act say that but for your plea of guilty you would have been sentenced to be imprisoned for a period of six years with a minimum term of four. 

155Is there any other orders I have to make, gentlemen?

156MS MILLAR:  No, Your Honour.

157HIS HONOUR:  Sorry, it was an open question, that is you Ms Batten.  Any other orders I need to make?  Nothing else? 

158MR BATTEN:  Yes.

159HIS HONOUR:  Nothing else?

160MR BATTEN:  No, Your Honour. 

161MR WILLIAMS:  Not from my point of view, Your Honour.

162HIS HONOUR:  Okay, thanks.  Nobody else?

163MR BATTEN:  That's it, Your Honour has covered everything, yes.

164HIS HONOUR:  Yes, look I have been through it about 20 times, Mr Batten, and I hope it adds up.  I am pretty sure it does, but as I say, it is a difficult sentencing task trying to do this, but that is the best I can do and we will just have to leave it at that.  All right, does anybody want to talk to their client?

165MR WILLIAMS:  Yes, I would like to talk to my client it that is permissible, Your Honour. 

166HIS HONOUR:  Yes, we will see if we can.  Sorry, I have made a mistake.  Charge 17 for Mr Locandro, is six months.  The accumulation is still only two months so yes, I have just - so it is Charge 17, Mr Locandro, six months, two months cumulative.  I think I said two months and then two months cumulative.  That is not the case. 

167MS MILLAR:  Yes, Your Honour.

168HIS HONOUR:  All right, I do not know how we will go with trying to organise this for you, Mr Williams, but I will leave the Bench and you can try and work it out with the tipstaff. 

169MR WILLIAMS:  I am grateful for that, Your Honour. 

170HIS HONOUR:  Yes.

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