Director of Public Prosecutions v Negrea

[2020] VCC 970

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 19-02454
CR-19-02455

DIRECTOR OF PUBLIC PROSECUTIONS

v

DION NEGREA
FRANK LOSURDO

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JUDGE:	HIS HONOUR JUDGE LYON
WHERE HELD:	Melbourne
DATE OF HEARING:	17 June 2020
DATE OF SENTENCE:	30 June 2020
CASE MAY BE CITED AS:	DPP v NEGREA & ANOR
MEDIUM NEUTRAL CITATION:	[2020] VCC 970

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:

Cases Cited:El Achkar v The Queen [2016] VSCA 209; DPP v Apostolopoulos [2016] VSCA 201; McAleer v The Queen [2015] VSCA 4; The Queen v Koumis [2008] VSCA 84

Sentence:Negrea: Community Corrections Order – 15 months – Drug Treatment and Rehabilitation – Supervision

Losurdo: 24 months total effective sentence – 14 months non-parole period

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. Sprague	Office of Public Prosecutions
For Accused NEGREA	Mr N. Jane	Stary Norton Halphen
For Accused LOSURDO	Ms J. McGarvie	Sarah Pratt & Associates

HIS HONOUR:

1Dion Negrea, you have pleaded guilty to the following offences which carry the following maximum penalties:

Charge Nos.	Charge	Max Penalty
1, 2	Traffick in a Drug of Dependence (Charge 1 – Methylamphetamine; Charge 2 – MDMA & MDA)	15 years
3	Handle/Receive Stolen Goods	15 years

2You have no prior convictions, however, you have further outstanding matters.  I will return to these matters later in the sentencing remarks.

3Frank Losurdo, you have pleaded guilty to the following offences which carry the following maximum penalties:

Charge Nos.	Charge	Max Penalty
1, 2	Traffick in a Drug of Dependence (Charge 1 – Methylamphetamine; Charge 2 – MDMA & MDA)	15 years
3	Prohibited Person Possess a Firearm	10 years or 1200 penalty units
Summary Charge 6	Possess a Prohibited Weapon Without Exemption/Approval	2 years or 240 penalty units
Summary Charge 9	Deal with Property Suspected of Being Proceeds of Crime	2 years

4Mr Losurdo, you have also admitted your prior convictions.  I shall return to the significance of these in your case later in these sentencing remarks.

5The Crown tendered the prosecution opening for plea as Exhibit A.  A summary of the offending of both you is as follows.

6The charges of trafficking to which you have both pleaded guilty all range between 31 December 2018 to 13 March 2019.

7Mr Losurdo, you are Mr Negrea’s uncle.  At the time of the offending, you were aged 49 and 22 respectively.

8In March of 2019, police were investigating you, Mr Negrea, for other offending. On 13 March 2019 at 9:15 am, police attended at 23 Ollie Place in Cranbourne East, being the address of your ex-partner, Madison Ross.  Officers believed you to be present there.  You were not at the house when investigators entered and searched for you.

9Whilst searching the garage adjoining the house, the police located the following on a cabinet shelf:

·First, a ziplock bag containing 31 fluoro green/yellow tablets stamped with the Warner Brothers logo.  These tablets contained 8.9 grams of MDMA, with a purity of 25%;

·A ziplock bag containing a white/brown crystal powder substance.  This was found to be .6 of a gram of MDMA, with a purity of 59%; and

·A ziplock bag with a white crystal substance.  This was found to be .3 of a gram of methylamphetamine, with a purity of 86%. 

That forms part of the basis of Charges 1 and 2, trafficking in a drug of dependence for you both. (Charges 1 & 2 Negrea – Trafficking in a drug of dependence)

10On the same day, being 13 March 2019, at 12:28 pm, officers were observing 4 Addlington Court in Narre Warren South, that being your address,
Mr Losurdo.  You were with Mr Negrea's mother, Madison Ross and other family members. 

11Through the garage door, police observed you using a cloth to cover a motorcycle stored in the garage.

12Investigators executed a search warrant on the house, believing Mr Negrea to be present.  While he was not found there, in conducting the warrant, officers located drugs, drug-related items, weapons, stolen items and cash.

13The following drugs were located:

·Two ziplock bags containing a white crystal substance.  This was found to be 56.1 grams of methylamphetamine, with a purity of 87%;

·A ziplock bag containing a white crystal substance.  This was found to be 18.5 grams of methylamphetamine, with a purity of 86%;

·132 fluoro green/yellow tablets stamped with the Warner Brothers logo, found inside a Pepsi bottle with a secret compartment behind the label.  These tablets contained 38.5 grams of MDMA, with a purity of 24%;

·A ziplock bag containing a crystal/powder substance.  This was found to be 5.8 grams of MDMA, with a purity of 58%;

·A ziplock bag containing 49 capsules with a powder substance inside. This was found to be 6.2 grams of MDA, with a purity of 46%; and

·A zip lock bag with 7 tablets inside.  These tablets contained 2 grams of MDA, with a purity of 14%.

Those drugs formed the rest of the basis of Charges 1 and 2 against you both. (Charges 1 & 2 Negrea and Losurdo – Trafficking in a drug of dependence)

14On later analysis, the drugs from each house were found to have the following street value:

·From 23 Ollie Place:

·         the tablet MDMA was estimated to be worth $930;

·         the MDMA in powder form was estimated to be worth $120;

·         $180 worth of methylamphetamine.

·From 4 Addlington Court address:

·         Methylamphethamine was valued at $10,657;

·         MDMA in the Pepsi bottle was valued at $3,960;

·         the capsule form MDA was worth $1,470;

·         the MDMA in the ziplock bag was estimated to be worth $210;
          and

·         the powder form of MDMA was worth $1,160.

15Alongside the drugs there were found sets of scales, scale calibration test weights, large quantities of empty ziplock bags, lengths of glass pipe used to manufacture smoking pipes, diaries and notebooks of drug trafficking, measuring cups with drug residue and other drug paraphernalia.

16In the garage was located a white 2017 Kawasaki motorcycle, registration 2A4IZ, which was stolen on 10 or 11 March from Narre Warren South, and worth $4,000.  That is Summary Charge 9 for Losurdo and Charge 3 for you, Mr Negrea. (Summary Charge 9 Losurdo – Deal with property suspected of being proceeds of crime)(Charge 3 Negrea – Handle Stolen Goods)

17Throughout the house police found sums of money:

·There was $15,531.05 in cash; (Summary Charge 9 Losurdo – Deal with property suspected of being proceeds of crime)

·A seven millimetre calibre, single shot air pistol; (Charge 3 Losurdo – Prohibited person possess a firearm)

·An extendable baton and black knuckle dusters; (Summary Charge 6 Losurdo – Possess prohibited weapon) and

·Various other property including motorcycles registration plates, a vehicle compliance plate, a Holden vehicle log book, various tools including power tools, and a pool lighting controller, cleaning system filter and robotic cleaner and control. (Summary Charge 9 Losurdo – Deal with property suspected of being proceeds of crime)

18After the drugs were located, you, Mr Losurdo, were arrested.  At this point, family members contacted you, Mr Negrea, and you were told to hand yourself in.  You did so, attending at Addlington Court at 2:35 pm, at which time you were arrested.

19Both of you were interviewed in relation to these matters.

20During your interview, Mr Losurdo, you denied ownership of the drugs in the room attached to the garage, you denied knowing who owned the bags, the scales, the weights, and denied trafficking in drugs.  You did admit that the mobile phone found in the room adjoining room to the garage was yours.

21You further stated that the cash in the backpack belonged to your wife; you indicated the handgun was a spud gun; and you told police that you purchased the tools from Dan Campbell, who gave you the pool items as a gift.

22During your interview, Mr Negrea, you stated that the drugs at both Addlington Court and Ollie Place addresses were yours, not Mr Losurdo’s.  You said that you used your uncle’s house to store things.  You told police you bought in bulk but did not traffic drugs, however, you would sometimes swap drugs for property, such as the chainsaw.

23In relation to the motorcycle, you indicated you bought it for $300 knowing it to be stolen.  You also made further admissions regarding your involvement in some burglaries where property was stolen that was later found at
Mr Losurdo’s home.

24CCTV footage was taken from the room adjoining the garage at the Addlington Court address.  Footage taken from 1:00 am on 12 March 2019 to 3:30 am on 13 March 2019, showed you, Mr Losurdo, were frequently around the room and a number of different persons attended the room for short periods, consistent with drug transactions occurring.

25Police also analysed the phone found in this room, which belonged to you
Mr Losurdo.  The phone was found to contain a large number of text messages relating to drug transactions (these were attached as Appendix B to the Prosecution Opening, totalling 22 pages). There were also encrypted messages sent via the app Wickr, which is believed to have been used for drug transactions in order to avoid detection.

26The messages found referred to business partners, customers, buying on credit and on selling.  The nature of the messages was indicative of an organised drug trafficking business.  Large amounts of the messages were either sent to
Mr Negrea or referred to him (these were attached as Appendix C to the Prosecution Opening, totalling 38 pages). 

27These matters resolved prior to committal on 24 October 2019.  You both entered pleas of guilty on 5 December 2019, following summary jurisdiction being refused.

28You were both arrested on 13 March 2019, and remanded in custody.  You were both granted bail on 5 December 2019.  Mr Losurdo, you have now served 280 days excluding today, by way of pre-sentence detention.  Mr Negrea has served, 265 days by way of pre-sentence detention (there having been two days deducted for a matter at Ringwood Magistrates' Court on 2 August 2019).

29The objective gravity of your offending may be measured by reference to the following:

·Duration of the offending, with your offending occurring over a two and a half month period;

·Moreover, the text messaging and CCTV footage shows that your transaction rate was extensive over that period of time;

·It is apparent from the evidence whilst you mostly conducted small transactions, you kept a reasonably large stock of drugs to conduct those transactions; 

·It is also apparent that there were numerous larger transactions conducted as well.  This cannot be characterised as simply low level, street level or subsistence trafficking;

·The amount of money found in your possession, Mr Losurdo, also speaks to the extent of your operation;

·In fact at one stage, you boasted in a text message that your operation was a 'one-stop super shop'.  I am loath to read too much into this text message, but it is apparent that you ran your operation like a storefront trafficking operation;

·So far as roles within the trafficking operation are concerned, your role, Mr Losurdo, is ascertainable and known.  The text messages and CCTV footage indicate that you were a primary shopkeeper.  You were front and centre for distribution of the drugs and dealing with the customers in your trafficking operation.  The fact that considerable quantities of drugs were found at your home, together with money and the accoutrements of trafficking, indicate that you were truly running a business;

·Mr Negrea, although your role is not as clearly evidenced, you were significant in the operation.  That is apparent from the explicit admissions you made to the drugs found at your uncle’s place.  Moreover, you had amounts of drugs at your place and you were implicated by the text messages as complicit in the trafficking operation; and finally, still talking about the objective gravity of your offending;

·I accept that you were both using drugs heavily at the time that you were selling them.  But, as I have stated, this was not either a street level nor a subsistence operation.  By subsistence, I mean that you were not simply selling drugs to only feed your own addictions.  The evidence points to a true commerciality to the operation you were conducting together.

30The Crown submits that your trafficking operation and criminal offending should be regarded as mid-range.  As I have now stated on a couple of occasions, I certainly regard this as more serious than the work of a couple of street level dealers, who trafficked only to feed their own addictions.  Whilst there is no evidence of lavish or considerable enrichment, the nature of the operation, as well as the extent you had gone to, Mr Losurdo, in order to protect it, and the length of time it was running for, make your offending serious.  That is, the offending of you both.

31Your offending must attract principles of general deterrence, just punishment, denunciation and protection of the community.

32I consider that both of you have a high moral culpability for your offending.  The sustained nature of the operation makes it clear that both of you knew what you were doing.

33Mr Losurdo, it is necessary to say more about your moral culpability.  As I stated to your counsel on the plea, your drug trafficking offending on this occasion commenced on 31 December 2018.  On 4 December 2018, you were convicted of trafficking in methylamphetamine and placed on a community corrections order.

34There is no reason to believe that you took at all seriously, your conviction at the Magistrates Court.  Your offending must attract a measure of specific deterrence, in order to send the message to you, that if you continue to traffic in drugs, you will go to gaol.

35Mr Negrea, you have no prior convictions, but you have a number of outstanding matters from offences committed before you were arrested for this offending.  When I say offences committed, I say alleged offences.  I do not know what status they have, whether you will plead guilty, whether you are contesting them or what will happen.  As those matters are outstanding, I will have no regard to them.  Even though you have no prior convictions, it is apparent that you were an active, willing and knowledgeable participant in this operation with your uncle.

36I turn now to consider each of your personal circumstances.

37Mr Negrea, you are 23 years of age and you were born on 27 September 1996.  You were 22 years of age at the time of your offending.

38Although you lived with your parents until you were 19, you were constantly subjected to physical abuse by your father from a young age.  This occurred especially when he was intoxicated.  Your parents separated at that time.  You moved in with your mother, before getting a rental property with your partner.

39You attended primary school in Berwick and then moved to Hallam Secondary College during Year 10.  You completed your Year 10 at Dandenong TAFE when you were 16.  You completed a pre-apprenticeship in mechanics at Dandenong TAFE.

40You commenced work at RockCrete Constructions in 2014.  You worked there until 2018, when you lost your job because of your drug use.

41Your drug use commenced when you were 13.  You started smoking cannabis as a means of dealing with your father’s physically and emotionally abusive behaviour.  You started using methylamphetamine at age 16 and were using daily from 18 years of age until your remand.  You also commenced using MDMA and GHB from the time you were about 20.

42You have a young son with your ex-partner Maddison Ross, who provided a reference on your behalf.  There were also a number of other references provided.  The references speak of the efforts you have made since your release from prison to overcome your long and sustained drug addiction.

43It is apparent from these references that you have considerable support from your family, your ex-partner and your employer.

44You have been hospitalised on two occasions for overdoses.

45Now I am prepared to accept, on all the evidence presented to me, that you had a significant drug addiction at the time of your offending.  I was told that you also had a problem with gambling, but it is difficult for me to make any assessment of the gambling aspect, as I was provided with no more information than that.

46Your counsel tendered the following material which was used on your behalf on the plea:

·There were three character references, one from your mother, Josephine, your sister, Cyan, and your boss, Jesse Destratis;

·There was a letter from Arrow Health about a 90-day residential treatment program, which indicates you were assessed as suitable and completed the program following your release from custody.  It discusses the work undertaken by you whilst at Arrow Health;

·Thirty-two drug screen tests undertaken between 6 December 2019 and 4 April 2020; and

·A letter from Healing From Within Life Coaching, indicating you have completed five out of eight sessions of an eight week program designed to assist with your mental health.  The letter indicates you sought out this assistance yourself following your time in rehabilitation.

47I also heard evidence from your mother Josephine, who spoke of the violence you experienced in your upbringing.  She stated she knew you were a drug user, but she did not know how bad it was, and then it became clear to her.  In the period immediately before your arrest, she did not want you around the house as you were drug affected.  However, she did speak to you every day.  Your mother saw you in custody and spoke of your remorse for your actions and your concerns for the role model you were creating, by your actions, for your young son.  Your mother funded your residential rehabilitation program and you have lived with her since April 2020.  She considers that you have had a complete change in mindset; that you are sincere and you are making a significant effort to remain drug free.

48You have resumed full-time work at RockCrete Constructions.  Your boss
Mr Destratis considers you 'are not the same person', as the one he dealt with when he fired you in 2018.

49Mr Jane, on your behalf, submitted that the sentence to be imposed should be mitigated first by:

·your youth;

·the fact that you have no prior convictions and never served a period of imprisonment before.  You found your time on remand confronting and difficult;

·your drug use and addiction emanated from a background of considerable family violence;

·on your mother’s evidence, you are remorseful for your offending and you have shown insight into the need to break this cycle and to be a better role model for your son;

·you have strong family support and you have excellent prospects for your rehabilitation; and

·upon your release on bail, you entered and successfully completed a 90 day residential program until 4 March 2020, and a further five week program after that.  You are still attending NA meetings to reinforce your abstinence from drugs.

50Mr Jane referred to the Court of Appeal decisions of Koumis, and of El Achkar; and also to the principles relating to the adjustment of sentencing objectives for youthful offenders; particularly where those offenders have no prior convictions.

51Ultimately, Mr Jane submitted that a Community Corrections Order was the appropriate disposition.  The Crown agreed with those submissions that a CCO is appropriate and that you should not be required to serve a further period of imprisonment, but that (after assessment) I should impose a CCO as part of a combination sentence, taking into account the period of imprisonment served on remand.

52Mr Jane also provided me a table of comparable cases, which referred, in particular, to Apostolopoulos, McAleer and El Achkar.

53You were assessed as suitable for a community corrections order.

54I have read the cases provided to me and I have had regard to a passage from the judgement of King CJ in El Achkar. King CJ is a Judge whose work I have respected over all of my years, dating back to when I was a law student.  In El Achkar, King CJ stated '… leniency at that particular stage of the offender's life, might lead to reform'.

55In my view, leniency, (which here means a determination of what weight should be favourably placed on a combination of mitigating factors), appropriately allows me to impose a CCO with conviction, but not in combination with a period of imprisonment.  It seems to me that you are still young and you have no prior convictions (although you face court on matters in the future).  You have worked on your rehabilitation and you have good prospects overall for your rehabilitation.  In these circumstances, I consider that it is in the community’s best interests, and in your best interests, that the sentence I impose may enhance those prospects.  Of course, the fact that you spent nine months on remand serves as the unexpressed punishment for your offending.  The Crown submits that I should in fact express it in the form of a combination sentence, so that it may serve as a general deterrent to others who may engage in this type of behaviour.  When I consider the circumstances, and some of the comparable cases provided to me, and I consider your own circumstances, I conclude that a modicum of leniency is appropriate in this instance. 

56So what that means for you Mr Negrea, is that I am not going to combine the CCO with a period of imprisonment that you already have served.  So what I intend in your case, and I will come back to this, is I propose to release you on a CCO for a period of 15 months, on condition that you undertake treatment and testing as required, including inpatient treatment if directed, towards your drug addiction.  That is, to help you continue with your drug treatment. I propose to order supervision for the period of the order.

57I want to make this clear.  The reason that I am not going to impose any unpaid community work is that I cannot ignore the fact that you spent nine months on remand.  Remand is not punishment.  People are not put on remand to punish them.  They are put on remand because of the fact that they are an unacceptable risk to be released on bail.  But for a young man of your age, in your circumstances, with no prior convictions, meaning that you had no prior convictions, so you have never been to gaol before and it did act, on your lawyer's instructions, as a salutary lesson and had a deterrent effect.  So therefore, that is the reason, if anyone comes to look at why is it that you seem to get a light CCO, that is the reason – you did nine months on remand.

58Now that is the order that I propose and I will come back to that at the end of the sentencing remarks.

59Turning to you Mr Losurdo.  You are 50 years of age and were born on
13 October 1969.  You were born in Sydney to parents who had migrated from Sicily to Australia.  At the age of four, you moved from Sydney to Mulgrave, where you grew up with your parents and your three sisters.  You attended high school at Clayton Tech, and left school at the age of 16.  You worked at a few jobs before you commenced work as a commercial fisherman with your father at the age of 19.

60Your mother passed away in 1993, when you were aged 24.  It was at this time you commenced using drugs; it seems as a coping mechanism.  You married your wife, Caterina, in 1999.  You have two children with her, aged 17 and 15. In 2011, your drug use escalated, as you were emotionally unable to deal with the terminal illness of your young nephew.  Your sister gave compelling evidence about this.  You were admitted to Malvern Private Hospital in relation to your cannabis and amphetamine addiction, and at that point you stopped using those substances.

61In 2016 changes to the government legislation led the government to buy back your commercial fishing licence and the business that you had run with your father, and then you had run, came to an end.  It had been intended that you would take over this business from your father, which over 25 years had grown from one boat to four, and engaged 16 employees.  After the business ceased, you started using methylamphetamine and soon became addicted, using up to 3 grams per day.  I was also told you had a gambling addiction prior to remand, losing up to $5000 a day.

62You have now separated from your wife Caterina, however, she remains supportive of you.

63You have prior convictions dating back to 2009 for dishonesty offences; a conviction for burglary in 2011, for which you received a suspended sentence and a community based order, and you have the conviction on 4 December 2018, for trafficking in methylamphetamine, dealing with suspected proceeds of crime, possess a controlled weapon without excuse, and possession of drugs, and for all of these matters, you were placed on a community corrections order.  On 18 December 2018, you were convicted of burglary, commit indictable offence on bail and driving offences and placed on a community corrections order. 

64Your counsel tendered the following material on your behalf:

·First, Ms McGarvie tendered a bundle of documents from the DAYHAB Addiction Centre, being an acceptance letter from December 2019, a discharge summary from March 2020, and urine screens from December 2019 to March 2020.  These materials indicate you undertook a 90-day inpatient treatment program at DAYHAB between December 2019 and March 2020, and refer to your positive engagement during your time there, as well as recommending further actions to continue your recovery; and

·Secondly, Ms McGarvie also tendered four character references.  One from your wife, Caterina, your friend, Christie Shields, Mr Negrea’s mother and your sister Josephine, and your sister Katina DeStratis.

65It is apparent from the character references tendered on your behalf, and from the evidence given before me, that you have made a considerable effort to overcome your drug addiction and to put your criminal offending behind you.

66Moreover, since your release from prison you have attended NA meetings, and you have been the primary carer for your father.

67Your sister Katina gave evidence on your behalf.  She spoke of the close relationship she has had with you since your release from Ravenhall.  Katina spoke of the circumstances of your commencement into and escalation of drug use at times of stress.  She also gave evidence of the difficulties you faced in custody; the fact that you miss your family; and the efforts you made upon being bailed to a residential rehabilitation clinic.  Now you have a great relationship with your family and you can see a brighter future.  She told the court of your father’s health issues – the fact that his cancer is now in remission and the fact that you are, practically speaking, the sibling who is best able to care for your father, as your sibling Nancy also suffers from serious ill-health issues, and is herself cared for by her husband.

68Ms McGarvie pointed to the report of Bridgett Kirchner who states:

'Frank has expressed genuine remorse for past behaviours, and accepts responsibility for the actions he has taken while at the same time has accepted responsibility for his ongoing recovery.  I have seen a remarkable change in Frank’s attitude and outlook towards life ...'

69This expression of remorse was made at a time when you were in residential rehabilitation.  Ms Kirchner had the opportunity to assess you over a considerable period of time.  Accordingly, I am prepared to accept it as a genuine.  Likewise, I accept the rest of the contents of Ms Kirchner’s report, and those concerning your time in residential rehabilitation, to the effect that you are genuine in your attempts to overcome your drug addiction.  You were still attending Narcotics Anonymous meetings until you were again remanded in custody after the plea hearing.

70Ms McGarvie on your behalf submitted the following matters used to mitigate the sentence I impose upon you: 

·Your early plea of guilty has utilitarian benefit;

·Your expression of remorse;

·The steps taken in residential rehabilitation to overcome drug addiction;

·That time in custody was difficult, away from your father and your children, including the fact you suffered a marriage breakdown in this time.  Together all of these factors operate as a significant practical deterrent; and

·You have a prosocial network and factors operating to provide you with good prospects for rehabilitation, including considerable family support and a long consistent work history.

71From the outset, Ms McGarvie submitted that it was open to impose a combined sentence of imprisonment with a CCO.

72As I observed to Ms McGarvie at the outset of her plea on your behalf, and as I have already outlined in the course of these sentencing remarks, I do not agree with that submission.  You are 50 years of age, and you have had sufficient exposure to the criminal justice system, to know that you have been given a number of chances in the past.  The proximity of this offending to the CCO you received on 4 December 2018 cannot be ignored.  I do not accept the submission made on your behalf, that the CCO program conditions had not kicked in, that you were still using drugs and therefore, that is the reason you continued trafficking.  That submission completely overlooks the fact that as a mature adult, you must bear responsibility for your own actions.

73Mr Sprague, who prosecuted this matter on behalf of the Crown, submitted that a period of imprisonment was the only appropriate disposition to meet your offending.

74I refer to the principle of totality.  The principle of totality means that I must take into account the overall offending.  I must not impose a sentence which is crushing in the circumstances.

75I refer to the principle of parity.  Although you were charged jointly with your nephew, the principle of parity does not mean that you should necessarily receive exactly the same sentences.  In this case, I must take into account all of those factors I have previously outlined, which make your offending circumstances different and which make your circumstances different to those of your younger nephew, who has no prior convictions.

76In my view, the principles of deterrence, just punishment, denunciation and protection of the community require the imposition of a period of imprisonment for your offending on this occasion.

77I have somewhat moderated the sentence to be imposed upon you, in order to reflect the efforts you have made towards achieving your rehabilitation.  I have also decided to set a slightly lower than normal non-parole period, to give you the opportunity for parole and to continue on the path that you have taken towards your rehabilitation, but with the support and supervision that parole would provide if granted. 

Charge Nos.	Charge	Max Penalty	Sentence	Cumulation
1	Traffick in a Drug of Dependence – Methylamphetamine;	15 years	14 months	Base
2	Traffick in a Drug of Dependence – MDMA & MDA	15 years	7 months	4 months
3	Prohibited Person Possess a Firearm	10 years or 1200 penalty units	5 months	2 months
Summary Charge 6	Possess a Prohibited Weapon Without Exemption/Approval	2 years or 240 penalty units	3 months	1 month
Summary Charge 9	Deal with Property Suspected of Being Proceeds of Crime	2 years	7 months	3 months
TES	24 months
NPP	14 months
PSD	280 days
6AAA	33 months / 24 months NPP

78That is a total effective sentence of 24 months imprisonment.  I order you serve a non-parole period of 14 months before you are eligible for parole.  I declare the period of 280 days pre-sentence detention reckoned as already served, that is, that period of 280 days is excluding today.

79The 6AAA declaration is that but for the pleas of guilty, I would have imposed a total effective sentence of 33 months, with 24 months to serve.  Ms Schultz, are there any other orders sought in relation to Mr Losurdo?

80MS SCHULTZ:  Your Honour, in relation to Mr Losurdo there's a forfeiture order, there's a firearm disposal order and there's another disposal order which contains the drugs and other equipment.

81HIS HONOUR:  Very well.  Ms McGarvie, any opposition to that?

82MS McGARVIE:  No, Your Honour.

83HIS HONOUR:  All right, thank you.  I will make those orders in chambers.  All right, returning to you Mr Negrea.  The first thing I will say before I turn to sentence is, I hope you heard the sentence I imposed upon your uncle, because if you consent to the order that I am about to make, and then you breach it by either not complying with the order or committing further offences, that is what you get, all right?

84Now there are certain orders that attach to every community corrections order, the first is that you must not commit, whether in or outside Victoria, any offence punishable by imprisonment, so even an offence for which you do not get imprisonment, may still attract a maximum penalty of imprisonment.  If you commit an offence of that nature, you will breach the order.  Secondly, you must comply with any obligation or requirement that the Office of Corrections reasonably believe and lawfully makes of you.  Third, you must report to and receive visits to the Office of Corrections.  Fourth, you must report to the Community Corrections Centre specified in the order within two clear working days.  For you, that is Dandenong.  I would go there this afternoon.  It is ring in is it not?

85MR JANE:  It is by phone, Your Honour.

86HIS HONOUR:  Yes, all right.  Mr Jane, I would be grateful if you could ‑ ‑ ‑

87MR JANE:  I'll assist with that, Your Honour.

88HIS HONOUR:  Yes, thank you.  You must notify the Office of Corrections within two clear days of any change of address, that is your home address.  So if you move out of home from Mum, you have to report to the Office of Corrections.  If you leave RockCrete employment, you must report that, all right?  You must not leave Victoria, except with the permission either generally, or in a particular case, of the Secretary.  I do not think we have got many places any of us can go at the moment.  The next thing is that you must comply with any direction that is given to you by the Office of Corrections, that is necessary to ensure that you comply with the order, all right?

89So all reasonable, all lawful directions, you must comply with, you must obey them if they are given to comply with the order.  Mr Negrea, do you understand the terms of the order that I propose to make?

90OFFENDER NEGREA:  Yes, Your Honour.

91HIS HONOUR:  Do you agree to a community corrections order in those terms?

92OFFENDER NEGREA:  Yes, Your Honour.

93HIS HONOUR:  All right, I will have the order prepared and then you will be able to sign it.  So Mr Negrea if you can come forward to the Bar table please.  Just stand on the other side of Mr Jane please.  Thank you.  Mr Negrea, I cannot enforce to you enough the opportunity that you have been given on this occasion.  These are serious offences of which you have been found guilty, pleaded guilty and been convicted.  They are so serious that if you contravene the order, or you commit further offences for whatever reason, you are almost inevitably facing a period of imprisonment and it will be in terms similar to that imposed on your uncle.

94If you commit any further offences, then there is only one door that you will keep going back through and if you go through it once more, you will go through it again and again and again.  You are on a knife edge here.  Think of your son, your ex-partner, your mum, your family.  Think of your uncle.  I am not your friend, I am only here doing what the community want and if the community sees you again in here, then bring your jammies mate.  Now, thank you.

95MS SCHULTZ:  Your Honour, in relation to Mr Negrea, there was a disposal order that needed to be made.

96HIS HONOUR:  Yes.  All disposal orders will be made in chambers, Ms Schultz.

97MS SCHULTZ:  Thank you, Your Honour.

98MR JANE:  There's no opposition, Your Honour.

99HIS HONOUR:  Thank you to counsel for your assistance in this matter and to both Mr Negrea and Mr Losurdo, I do hope, and I mean this of Mr Losurdo also, I hope you are able to continue the work of your rehabilitation on your release from gaol.

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