Director of Public Prosecutions v Paxinos
[2025] VCC 1344
•12 September 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
GENERAL LIST
CR-24-00849
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| PAUL PAXINOS |
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JUDGE: | HER HONOUR JUDGE ELLIS | |
WHERE HELD: | Melbourne | |
DATE OF PLEA HEARING: | 9 September 2025 | |
DATE OF SENTENCE: | 12 September 2025 | |
CASE MAY BE CITED AS: | DPP v Paxinos | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 1344 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Seven charges of possess drug of dependence – one charge of traffick in drug of dependence – one charge of possession of substance, material, document or equipment for trafficking in drug of dependence – one charge of possess precursor chemical – related summary offences – various drugs and paraphernalia located at offender’s residence – pleas of guilty – consideration of delay – relevant criminal history – relevant substance abuse and mental health issues - Verdins Limb 1 applicable but of limited weight – prosocial supports available upon custodial release – medium to good prospects of rehabilitation – offences generally around mid-range of objective seriousness
Legislation Cited: Drugs Poisons and Controlled Substances Act 1981 (Vic); Sentencing Act 1991 (Vic)
Cases Cited:Akoka v The Queen [2017] VSCA 214; R v Verdins (2007) 16 VR 269
Sentence: Total Effective Sentence: 18 months’ imprisonment in combination with 12-month Community Correction Order and $100 fine
Pre-Sentence Detention: 608 days
s 6AAA: TES 2.5 years’ imprisonment, NPP 2 years
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr F. Cameron | Office of Public Prosecutions |
| For the Accused | Mr R. De Kretser Mr P. Gordon | Fayman Lawyers |
HER HONOUR:
1.Paul Paxinos, you have pleaded guilty to:
· One charge of possess a drug of dependence, namely 1,4 Butanediol contrary to s 73(1) of the Drugs Poisons and Controlled Substances Act 1981 (Vic). The maximum penalty for this offence is five years' imprisonment unless considered for personal use, in which case one year imprisonment.
· One charge of traffick in a drug of dependence, namely methylamphetamine, contrary to s 71AC(1) of the Act. The maximum penalty for this offence is 15 years' imprisonment.
· One charge of possession of substance, material, document or equipment for trafficking in a drug of dependence contrary to s 71A(1) of the Act, which carries a maximum penalty of 10 years' imprisonment.
· Six further charges of possess drug of dependence, namely 3,4-methylenedioxy-N-methamphetamine, buprenorphine, tetrahydrocannabinol, morphine, pentylone and testosterone, contrary to s 73(1) of the Act. Each charge carries a maximum penalty of one year imprisonment.
· One charge of possess precursor chemical contrary to s 71D of the Act. This carries a maximum penalty of five years' imprisonment.
2.Additionally, you have also pleaded guilty to related summary charges and have consented to those being determined by this court, namely:
· Possess a Schedule 4 poison, Summary Charge 10, for which the maximum penalty is 10 penalty units.
· Possess prohibited weapon without exemption or approval, Summary Charge 11, for which the maximum penalty is two years' imprisonment.
· Failing to comply with a direction to assist, Summary Charge 14, for which the maximum penalty is two years' imprisonment.
3.I note that you were acquitted at trial of Charge 1 on the indictment, which was a charge of trafficking in a drug of dependence in not less than a large commercial quantity. This concerned the 1,4 Butanediol which is the subject of Charge 2. You were also acquitted of two alternative charges.
4.You entered a plea of guilty to the charges for which you now fall to be sentenced at the commencement of the trial on 18 June 2025.
Circumstances of Offending
5.Turning now to the circumstances of the offending.
6.At the time of the offending in 2023 you were aged 41 years. You were unemployed and you were residing in a shed at 21 Bingley Avenue in Hurstbridge, a property owned by your parents. At 8.45 am on 24 February 2023, investigators from the Mill Park Divisional Response Unit attended the address to undertake a search of the premises.
7.Upon arrival police observed a large green shed at the front of the property behind the front gate. There were multiple cars parked outside the shed. Police eventually accessed the shed after some delay while you purported to secure your dogs. Upon entering police observed a second locked door about five metres inside the shed, behind which was another room.
8.Police accessed the shed via the sliding door and observed a couch inside the next room. A friend of yours, Ms Vanzwolt, was sitting on a bed nearby holding a small dog in her hands. Police could hear movement and a toilet flushing in an adjoining room. You were told to stop flushing items.
9.You returned to the living room while police searched the shed. The police seized a black Oppo mobile phone from you which was unlocked. Officers began searching in the bathroom and located a white bottle next to the toilet on the floor with a bunch of toilet paper inside the toilet bowl. Residue of 1,4-Butanediol was observed within the bottle on the floor with the bottle displaying a sticker depicting Chinese writing along with the words 'Plastic Special Glue' written in English.
10.Police observed a small cavity in the wall next to the toilet. The plasterboard was pulled back, and a dark-coloured bag was observed inside. The bag was removed, being a Champion-labelled bumbag and the following items were contained within it:
(a) a black leather wallet containing various identification in your name;
(b) a set of digital scales and a large quantity of unused zip-lock bags; and
(c) a blister pack containing four tablets of vasafil, also known as sildenafil, being a prescription alternative to Viagra. This is the related Summary Charge 10.
11.Located next to the bag inside the wall cavity was a black android mobile phone with a light brown plastic phone cover. Police subsequently analysed the phone and identified it has having been used by you.
Charge 2: Possession of a drug of dependence (1,4-butanediol)
12.Police observed a wall cavity on the other side of the toilet where the plasterboard had been moved. Multiple cardboard boxes were stacked on top of each other, along with other miscellaneous items inside the cavity. Police removed one of the boxes and proceeded to open the lid, revealing 24 identical 500 millilitre white bottles filled with a liquid being 1,4-Butanediol, being identical to the white bottle located on the floor next to the toilet. Police then located a further 12 boxes of 24 times 500 millilitre bottles inside the wall cavity. The total weight of the 1,4-Butanediol recovered from the wall cavity inside the shed was 163.6 kilograms, being just over eight times the large commercial quantity threshold.
13.Pausing there, I note again that you were acquitted on the more serious charge of trafficking in a large commercial quantity of this drug. You have, however, pleaded guilty to the possession of this drug on the basis that you were holding it for a friend, and this is consistent with the jury's verdict.
Charge 4: Possession of material, substance or equipment for the purpose of trafficking a drug of dependence
Charge 11: Possess precursor chemical (iodine)
14.Police Member Johns removed the toilet paper from the toilet bowl and observed black iodine prill-like objects at the bottom of the bowl. In the corner opposite the toilet was a mop bucket and mop. The bucket contained dirty water along with a glass jar containing black iodine prills. It is alleged that you delayed police entry to the shed and attempted to flush these prills down the toilet in an attempt to destroy evidence. Believing the black prill-like objects to be iodine, members of the Clandestine Laboratory Unit were notified to attend and assist with a search of the property. Within the bathroom a number of items were located:
(a) black iodine prills and liquid, which was removed from the bottom of the toilet;
(b) one glass jar with tape containing traces of solid, located on the bathroom floor next to the medicine box;
(c) one glass flat-bottomed flask labelled '1000 milligrams' containing traces of solid, located within the bathroom inside a green shopping bag;
(d) one glass bottle labelled 'Fullife acetone', 100 milligrams containing liquid, located within the bathroom inside a green shopping bag; and
(e) one plastic bag containing solid, located within the bathroom inside a green shopping bag.
15.There were also a number of items located in the workshop area, including:
(a) one plastic bottle containing liquid and solid, being a 1.25-litre bottle containing what was believed to be pseudoephedrine extraction located on the southern wall benchtop;
(b) one plastic bottle labelled 'Black and Gold methylated spirits, one litre', containing liquid, located on the southern wall benchtop;
(c) one plastic bottle labelled 'Ethanol - Don't Touch' containing liquid located on the western wall within a cupboard;
(d) one glass and metal container containing a glass jar wrapped in plastic and tape containing solid, located on the western wall within a cupboard;
(e) one metal condenser, located in the eastern-end roof cavity; and
(f) one Samurai sword in black sheaths next to the workbench at the front of the shed which relates to Summary Charge 11.
16.There were a number of items of scientific glassware consistent with clandestine laboratory equipment that were located, including a glass condenser underneath a bed; a box containing two 500-millilitre round-bottomed flasks; a receiver adaptor with vacuum connection, a thermometer pocket and steelhead adaptor located underneath the bed in a wooden chest, and one glass condenser wrapped in a green cloth.
Charge 3: Traffick methylamphetamine
Charges 5-10: Possession of drug of dependence (3,4-methylenedioxy-n-methylamphetamine; buprenorphine; tetrahydrocannabinol; morphine; analogue of pentylone; testosterone).
17.A cardboard box was located on top of the refrigerator containing a backpack. Inside the backpack were two zip-lock bags containing methylamphetamine within a pencil case.
18.Within a black cup bag located on top of a chest of drawers, eight zip-lock bags were located containing various items, being five zip-lock bags of methylamphetamine; one zip-lock bag containing 0.5 grams of dimethylpentylone, two zip-lock bags containing a total of 1.2 grams of tetrahydrocannabinol, and within a red waterproof bag located underneath the bed police located one zip-lock bag containing methamphetamine. The total weight of methamphetamine located was 13.2 grams.
19.Within the red waterproof bag underneath the bed police located:
(a) One 100-milligram vial of an anabolic steroid called Masteron Propionate containing 2.8 grams of testosterone;
(b) a zip-lock bag containing 11 grams of methylamphetamine;
(c) a separate vial of testosterone containing 2.8 grams of testosterone;
(d) two zip-lock bags containing light brown crystals determined to be 0.7 grams of MDMA or ecstasy;
(e) a 200-milligram bottle of Ordine containing 76.5 grams of morphine;
(f) a five-milligram patch of Bupredermal; and
(g) a three-pronged knuckle knife which relates to summary offence Charge 11.
Related Summary (Offence Charge 14): Request and refusal to provide pin codes for Oppo and Android mobile phones
20.You were requested by police during your interview to provide the relevant PIN codes to the locked Oppo mobile phone and the locked Android mobile phone, to which you initially stated you wanted to speak to a lawyer. Once afforded the opportunity to obtain legal advice and requested to provide the information, you repeatedly stated 'not today'.
21.The black android phone was subsequently analysed and a series of messages exchanged between yourself and a woman named Kate Hicks was located. This supported the Crown case that you were knowingly in possession of the 1,4-Butanediol located inside the shed. The contents of the black mobile phone were also reviewed. Numerous searches were identified in relation to the preparation and acquisition of equipment relating to the production of drugs of dependence. The Oppo phone also contained numerous messages from you to other people saved in your phone between 21 and 26 December 2022, depicting drug-trafficking discussion.
22.During a conversation on 29 February 2024 recorded by Senior Constable Ali on his body-worn camera, you admitted to possessing cardboard boxes containing the 1,4-Butanediol, claiming you were holding them for Hicks, but you were not intending on trafficking them.
Procedural History
23.Turning now to the procedural history.
24.You were arrested and charged on the date of the offending, being 24 February 2023. There were a series of hearings in the Magistrates' Court including committal mentions. An offer was put forward to the prosecution to resolve this matter on similar terms to the charges for which you now fall to be sentenced. This took place on 7 September 2023 but was rejected by the prosecution. Ultimately, the matter proceeded to a committal on 28 May 2024. The matter came before me for trial on 17 June 2025. The following day you entered a plea of not guilty to Charge 1, but in the presence of the jury you entered a plea of guilty to the remaining charges which are currently before the court. Given that you attempted to enter a plea at a very early opportunity prior to committal of these charges, I accept the submission made on your behalf that the plea has significant utilitarian value and is an early plea of guilty.
Delay
25.The committal hearing and trial were run on confined issues in relation to trafficking in a large commercial quantity of 1,4-Butanediol. I accept that in pleading guilty to these charges and in indicating your preparedness to do so at an early stage, you have demonstrated a willingness to facilitate the course of justice. It is also some evidence of remorse. Furthermore, had your offer been accepted proximate to September 2023, it is likely that there would have been a considerably shorter period of delay before these matters were finalised.
26.Having said that, the delay between your arrest and your plea hearing for this matter is in part attributed to the fact that between October 2023, when you were originally granted bail, and February 2024, you had disconnected from the court process and could not be contacted. You were re-arrested on 29 February 2024 and remanded the following day. You have been in custody since then. I accept that the substantial delay, being more than two and a half years, would have been difficult for you. You have had this matter and the prospect of a significant period of imprisonment, in particular in relation to Charge 1 on which you were ultimately acquitted, hanging over your head for a lengthy period of time. I accept that this would have been stressful.
Prior Criminal History
27.You have admitted a prior criminal history with offences spanning between 2004 and the time of your arrest for these offences. However, prior to 2018 your previous matters related to driving offences.
28.Significantly, your prior matters relate to offending for which you were sentenced in 2018. You have been found guilty of offences including drug possession, as well as dealing with proceeds of crime charges and stolen goods, and possession of controlled weapon without excuse.
Personal Circumstances
29.Turning now to your personal circumstances which were outlined in plea submissions provided by your counsel,[1] and set out in a psychological report authored by Peter Hanley dated 7 September 2025.[2]
[1] Mr Rahmin De Kretser & Mr Patrick Gordon, ‘DPP v Paul Paxinos: Plea in Mitigation – Outline of Submissions’, 8 September 2025 (‘Defence Written Submissions’).
[2] Mr Peter Hanley, ‘Confidential Psychological Assessment Report: Paul Paxinos’, 7 September 2025 (‘Hanley Report’).
30.You reportedly experienced a stable upbringing in Montmorency with loving and supportive parents who always made time for the family to eat dinner together and attended you and your siblings' sporting activities despite their busy schedules. Your parents ran a jewellery packaging business, and your younger siblings continue to work in this family business.
31.You are one of four children, and you maintain close relationships with your siblings. You had close relationships with your paternal and maternal grandparents.
32.You attended Sacred Heart Primary School and subsequently Hurstbridge Primary School, where you did well in sport and had many friends. You report to Mr Hanley that school reports described you as easily distracted in class.
33.As a child you suffered recurrent earaches resulting in you having seven operations before the age of seven, and as a consequence you now have chronic tinnitus in your left ear.
34.You completed up to Year 11 at Diamond Valley Secondary College and excelled in practical courses such as electronics and welding. However, whilst you were strong at mathematics you had difficulty concentrating in other academic pursuits and would often be a distraction in class, talking back to teachers which you attribute to a 'desire to impress (your) peers.'[3]
[3] Ibid 5 [15].
35.Following Year 11 you excelled in a mechanical apprenticeship at Ford Motor Company and were selected for advanced training. However, you were in a serious car accident in September 2001 which 'abruptly ended' these plans.[4] You were the driver in this collision, and you were under the influence of alcohol and ecstasy at the time. You were seriously injured, sustaining a head injury, a broken back, pelvis and right ankle, and you were hospitalised for five months.
[4] Hanley Report (n 2) 5 [16].
36.You were unable to work for two years after the accident, and following your recovery you began working odd jobs, including in the family business and as a bricklayer. You were often bored with repetitive tasks, and prior to your most recent remand you established an excavation and landscaping business which you reportedly found satisfying. You have purchased equipment for this business and Mr Hanley states that you have realistic plans for generating revenue through this avenue pro-socially, [5] which bodes well for your prospects of rehabilitation.
[5] Ibid 5 [17].
37.You have had a somewhat chaotic relationship history.
38.Your first girlfriend in high school later died by suicide following an addiction to prescription drugs which had a significant emotional impact on you. Following this, your relationships were largely unstable, marred by infidelity and conflict.
39.You are the father of a young son. Your relationship with his mother broke down when your son was six months of age. You report to Mr Hanley that you suffered physical and emotional abuse in this relationship and frantically tried to maintain harmony with her through walking away from conflict and working excessive hours.
40.While you saw your son on occasion for 12 months following separation, your contact with him was soon entirely ceased by your ex-partner and you now have not seen your child in eight years. You describe this loss of your son as the 'central, unresolved emotional wound of (your) life' to Mr Hanley and the catalyst for your methylamphetamine addiction.
Substance Abuse and Mental Health Issues
41.You began smoking cigarettes and cannabis in your early teens and experimented with MDMA and LSD as a young adult. Following your car crash in 2001, you were abstinent from all illicit drugs for 10 years. You ceased using prescribed pain medication shortly after the accident due to the role that they played in your high school girlfriend's suicide.
42.You began using cannabis and methylamphetamine regularly during the breakdown of your relationship between 2017 and 2018. Your methylamphetamine use became so severe that you were smoking half to one gram per day to numb the emotional pain that you were experiencing.
43.Your drug use has been associated with your relationship breakdown and past criminal offending, as well as a range of psychological problems. Upon being bailed in April 2023, you spent nearly four months at The Cottage where you underwent a residential program including drug counselling before being released into the community and continuing with counselling. Regrettably, however, you relapsed in October 2023.
44.Mr Gillooley from The Cottage provided a reference in July 2023 in which he noted the progress you had made since April when you were said to be firmly committed to your recovery. Staff were reportedly pleased with your progress and the level of responsibility you appeared to have taken.
45.I accept that the program at The Cottage involved a confinement and restriction of your freedoms. Applying the principles set out in Akoka v The Queen[6] I take this into account as part of the instinctive synthesis and have moderated your sentence accordingly.
[6] [2017] VSCA 214.
46.You have no official psychiatric history, however, reported to Mr Hanley that you often have '20 thoughts at once' and struggle with restlessness and boredom. While some of these overlap with the symptoms of ADHD, Mr Hanley says they are largely attributable to unresolved trauma, chronic pain, tinnitus or the effects of prolonged drug use.[7] However, he believes that adult ADHD is a possibility and could be a contributor to your problems with self-regulation.[8]
[7] Hanley Report (n 2) 6 [25].
[8] Ibid 9 [40].
47.You have undergone some family difficulties more recently; notably missing your grandmother's funeral and being unable to support your parents following their house burning down whilst you were incarcerated. This has left you with significant feelings of guilt.
48.A combination of the loss of your son and relationship struggles have led to maladaptive coping strategies, particularly substance use. Although you do not meet the criteria for post-traumatic stress disorder, according to Mr Hanley you would benefit from therapeutic intervention centring on your past trauma which has contributed to your self-destructive behaviour.[9]
[9] Ibid 9 [42].
49.Mr Handley notes that you present as a person with a constellation of long-standing vulnerabilities rooted in a history of trauma. This has been accompanied by a deeply ingrained maladaptive coping style and a substance use disorder. He considers your interpersonal style is characterised by people pleasing and conflict avoidance. You are said to derive a sense of identity from being a problem solver for others. Your substance dependence motivated your possession of drugs and placed you in a high-risk social milieu. When presented with a friend's crisis your ingrained impulse was reportedly to fix the problem. This, combined with judgement impaired by substance use and emotional dysregulation, led to you taking the risk of storing the illicit 1,4 Butanediol.
50.I note that at paragraph 44 of his report Mr Hanley notes that your psychological state, shaped by history of trauma and consequential severe stimulant use disorder, would be expected to have significantly impaired your judgment and impulse control at the time of the offending.
This impairment is the result of a state of emotional and cognitive dysregulation stemming from his traumatic experiences. This state manifested as an inability to appreciate the long-term consequences of his actions and an acute vulnerability to interpersonal pressure, particularly when it tapped into his maladaptive need to help others. His decision to possess drugs for a friend is a reflection of this impaired judgment.
51.Your counsel submits that in light of this, Limb 1 of the principles set out in R v Verdins has application here, that because of your mental state you were susceptible to making poor judgements in an effort to help others. The prosecution does not dispute that to some extent your moral culpability is reduced by virtue of this, however, entangled with this is the fact that you were regularly using illicit drugs. Although I consider the connection is somewhat tenuous, I am prepared to find that Limb 1 of Verdins has some application here, but it is not of great weight. Rather, it explains how it was that you came to be involved in foolishly storing a large quantity of illicit drugs for a friend.
Support
52.You have strong relationships with your parents and siblings who attended your plea hearing and are supportive of your rehabilitation. Not all people are as fortunate to have a family who can provide that foundation of support, and I urge you to make the most of the supports provided to you upon your release from custody.
53.Your counsel has tendered a number of character references.
54.Mr Scott Frith describes your shared values of family and creativity and says he has witnessed you 'take full ownership of (your) actions and demonstrate… genuine personal growth'. He is committed to mentoring you and has generously offered for you to move in with him upon release, stating that he will provide you with a 'safe, stable and supportive home as long as (you) require'.[10]
[10] Scott Andrew Frith, ‘Character Reference: Paul Paxinos,’ 4 September 2025.
55.Mr Ash Bell writes of your 'work ethic, reliability and skills' in excavation and has guaranteed you full time employment commencing 'straight away' following your release from custody.[11] Again, this and Mr Frith's offers are significant opportunities that I hope you will not take for granted.
[11] Ash Bell, ‘Employment Guarantee – Candig Excavations and Landscaping: Paul Paxinos,’ 4 September 2025.
Prospects of Rehabilitation
56.You reportedly now recognise the self-destructive nature of your substance use. Mr Hanley describes your insight into your offending as 'partial' in that you acknowledge that your offending behaviour was 'foolish' and that your substance abuse was self-destructive.[12] It seems that you would benefit from further drug counselling particularly focused on the development of insight and identifying the underlying psychological drivers of your behaviour.
[12] Hanley Report (n 2) 8 [36].
57.Mr Hanley expresses concern regarding a number of risk factors pointing to your capacity to reoffend, including a history of antisocial behaviour and impulsivity, a lack of trust in pro-social institutions such as the police and Family Court, your association with other drug users and your tendency to rationalise your maladaptive behaviours.[13]
[13] Ibid 11 [51].
58.Furthermore, your substance abuse increases under stress. Given the unresolved nature of your estrangement with your son, that it is a source of potential future instability, and that you tend to use methylamphetamine to self-medicate, this is a potential risk. Attempts at rehabilitation over the past 15 years have not been successful.
59.Nevertheless, Mr Hanley suggests that your skills in mechanics and excavation and your past work history, as well as your demonstrated ability to remain abstinent for long periods of time as demonstrated following your car accident, suggests that with appropriate supports in place your prospects for rehabilitation are fair.
60.Your counsel has tendered a letter to the court that you wrote on 8 September this year in which you state that ‘not a day has gone by that (you) don't regret the poor actions that (you) have chosen' and that you are motivated by your son and parents to remain drug free. You acknowledge that you have to be punished for the choices that led to you being here before the court today, and this demonstrates some insight which I agree bodes well for your prospects of rehabilitation. The crucial thing will be for you to remain abstinent from drugs. If you can, then your prospects of rehabilitation increase to being good prospects.
Nature and Gravity of Offending
61.I turn now to the nature and gravity of the offending.
62.All of the offences occurred on a single date, that being the date on which the search warrant was executed. The most serious offence for which you fall to be sentenced is trafficking in methylamphetamine. Trafficking in drugs of dependence is by its very nature serious. This is reflected in the applicable maximum penalty.
63.It is often said that drugs are a scourge on society and one that is inflicted by people such as yourselves who traffick in illicit drugs. Every day people become addicted, turn to crime to fund their habits, and sadly, many people die as a consequence of the grip that addiction has on them. The social evil caused by drugs in turn places a burden on the police, on the legal system and the prison system, and this is something that you are well familiar with given that you, yourself, have succumbed to addiction.
64.I accept that the quantum of methamphetamine located, being 13.2 grams, is not significant, and it appears that you were attempting to manufacture methamphetamine in order to support your own habit and reduce costs. I accept that you were living a basic lifestyle, living in a messy shed on your parents' property and that the trappings of wealth sometimes present in drug trafficking matters are not evidenced here.
65.The possession offences relate to relatively small quantities of drugs and ordinarily these sorts of offences may not attract a term of imprisonment.
66.Turning to Charge 2. The quantity of 1,4-Butanediol was significant. By the jury's verdict, the jury appear to have accepted that it was possessed in unique circumstances, that is, to assist a friend who risked losing her children if police became involved. Your counsel submits that the appropriate maximum penalty for this charge is one year and not five years, that is, that I should be satisfied on the balance of probabilities that the 1,4-Butanediol was for personal use. As the prosecution have noted, it was a significant quantity of 1,4-Butanediol that was located. You are not to be sentenced in relation to anything to do with trafficking, and by your plea simply admit possession of this drug. However, I also accept the prosecution submission that it is somewhat implausible that you would be possessing this for personal use. However, it was being held for another individual, a friend to whom you felt obliged to assist. Accordingly, I consider that the appropriate maximum penalty applicable here is five years' imprisonment, but I take into account the purpose for which you were holding this drug when it comes to sentence.
67.I also regard your failure to provide the PIN to your mobile phone as serious. There is a need to deter others in a similar position from attempting to avoid providing information to access electronic communications in a bid to avoid police locating evidence relating to activities.
Relevant sentencing factors
68.The basic purposes for which a court may impose sentence are just punishment, deterrence, that is both specific and general, rehabilitation, denunciation and protection of the community. I am required, pursuant to the Sentencing Act 1991 (Vic), to take into account various factors when formulating an appropriate sentence. These include the seriousness of the offences, your culpability and your personal circumstances.
69.The sentence I pass must balance the interests of the community in denouncing criminal conduct with the interests of the community in seeking to ensure that, as far as possible, you are rehabilitated and reintegrated into society. I am to have regard to principles of parsimony, and I do so.
General and specific deterrence
70.General deterrence is an important sentencing consideration for these offences. Those who might be inclined to engage in the drug trade, and who do so for profit, particularly in considerable quantities, must understand that such serious criminal offending will attract significant punishment.
71.Specific deterrence is also important given your prior criminal history. Just punishment and denunciation must also be given primary consideration.
72.Although this is but one of the factors for consideration, I am required, and I have taken into account, current sentencing practices.
Submissions
73.Your counsel submits that due to the presence of mitigating factors, the appropriate sentence in this case is a combination sentence. Mr de Kretser submits that a sentence that continues to foster your rehabilitation should be considered in circumstances where you are committed to turning your life around upon release into the community. You have already served a substantial period of imprisonment and nearly four months in a residential rehabilitation facility. I accept the submission that the time you have already spent in custody is sufficient and if combined with a community correction order would have both a punitive and rehabilitative function.
74.The prosecution submits that it is a matter for the court as to whether or not a further period of imprisonment is required and/or whether or not a community correction order should be imposed on top of the period spent in custody already.
75.I have had you assessed for suitability for a community correction order and you have been assessed as suitable. You were relatively candid with the officer from Corrections and recommendations have been made in relation to you being provided with rehabilitation with respect to drug use. You have been assessed as a high risk of general reoffending. No doubt this is in part due to your entrenched history of drug use. There are a number of recommendations made as to appropriate conditions, and I intend to adopt those recommendations. It is not my intention to impose any unpaid community work given that you have already spent a considerable period in custody and the aim of the community corrections order for these purposes would be for a therapeutic purpose.
Sentence
76.On Charge 2, possession of a drug of dependence, namely the 1,4 Butanediol, you are convicted and sentenced to nine months' imprisonment.
77.On Charge 3, the charge of trafficking in a drug of dependence, namely methylamphetamine, you are convicted and sentenced to 18 months' imprisonment.
78.On Charge 4, the charge of possession of substance material, document or equipment for trafficking in a drug of dependence, you are convicted and sentenced to four months' imprisonment.
79.On Charges 5, 6, 7, 8, 9, 10 and 11, each of which are charges of possession of a drug of dependence, with the exception of Charge 11 which is a charge of possession of precursor chemical, and on Summary Charges 11 and 14, you are convicted and placed on a community correction order for a period of 12 months.
80.On Summary Charge 10, you are fined the sum of $100 without conviction.
Cumulation
81.The sentence imposed on Charge 3 will be the base sentence. I order that the sentences imposed on Charges 2 and 4 be served concurrently with the sentence imposed on Charge 3.
82.This makes a total effective sentence of 18 months' imprisonment.
83.In relation to the community correction order, there will be a number of conditions that are attached to the community correction order.
84.So just pausing there; it is my intention in effect that the time that you have already spent in custody will be declared as pre-sentence detention, so there will be no further period of imprisonment.
85.In relation to the community corrections order there will be a number of conditions.
(a) You must be under the supervision of Corrections for a period of 12 months.
(b) You must undergo assessment, treatment and rehabilitation with respect to drug and alcohol use as recommended.
(c) You must undergo assessment, treatment and rehabilitation as directed with respect to your mental health.
86.Again, I have not made any order that you undertake any unpaid community work. The reason for this is to ensure that your time is spent on the order focusing on your rehabilitation.
87.That order will in effect commence today upon your release from custody.
88.There are a number of core conditions attached to all community corrections orders.
·You must not commit any other offence that is punishable by imprisonment during the next 12 months.
·You must comply with any and all obligations and requirements prescribed by Corrections.
·You must report to and receive visits from Corrections during the period of the order.
·You must report to the nearest Community Correction Centre, which I believe is in South Morang, within two clear working days from your release from custody. I would urge you to make immediate contact with them upon your release.
·You must let a Community Corrections officer know within two working days of a change of address or employment.
·You must not leave Victoria without first getting permission.
·You must obey all lawful instructions and directions from Corrections.
89.Now, you must comply with the conditions of these orders. If you decided, for instance, that you did not want to engage in the rehabilitation component or if you did not contact Corrections and engage with them as you are supposed to, if you were to commit any further offences punishable by a term of imprisonment in the next 12 months, if you were to do any of these things or fail to comply with the conditions, it is likely you would find yourself back before me on a breach. If that were the case I would need to re-sentence you for the offending for which you have been sentenced to a community corrections order, and it is also likely there would be a penalty for the breach itself.
Pre-sentence detention
I declare 608 days pre-sentence detention as time already served to be deducted from the period of imprisonment. As I said, it is my intention that the term of imprisonment in effect has already been served, that that is the time served, and that you are to be released upon the expiration of that period of time - that is immediately.
Section 6AAA
Pursuant to s 6AAA of the Sentencing Act, I indicate that but for your plea of guilty to these charges I would have imposed a head sentence of two and a half years' imprisonment with a non-parole period of two years.
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