Director of Public Prosecutions v Piscopo

[2021] VCC 698

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-20-01766

DIRECTOR OF PUBLIC PROSECUTIONS

v

MATTHEW VINCENT PISCOPO

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JUDGE:	HER HONOUR JUDGE HOGAN
WHERE HELD:	Melbourne
DATE OF HEARING:	26 and 27 April 2021
DATE OF SENTENCE:	12 May 2021
CASE MAY BE CITED AS:	DPP v Piscopo
MEDIUM NEUTRAL CITATION:	[2021] VCC 698

REASONS FOR SENTENCE
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Subject:CRIMINAL LAW

Catchwords:              Pleas of guilty to three indictable offences:  trafficking in a drug of dependence namely methylamphetamine; trafficking in firearms and handling stolen goods.  Pleas of guilty to two summary charges of possessing cartridge ammunition without a licence and dealing with property suspected of being the proceeds of crime

Legislation Cited:      Firearms Act 1996

Sentence: Total Effective Sentence of 5 years and 4 months’ imprisonment with a non-parole period of 3 years and 10 months. s.6AAA: 7 years and 4 months’ imprisonment, with a non-parole period of 5 years.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr A Moore	Solicitor for the Director of Public Prosecutions
For the Accused	Mr J Lavery	Adrian Paull Lawyers

HER HONOUR:

1Matthew Vincent Piscopo, you have pleaded guilty to three indictable offences:  Charge 1 is trafficking in a drug of dependence, namely methylamphetamine, which carries a maximum penalty of 15 years’ imprisonment,  Charge 2 is possessing a traffickable quantity of firearms, which carries a maximum penalty of 10 years’ imprisonment and Charge 3 is dishonestly handling stolen goods, which carries a maximum penalty of 15 years’ imprisonment.  In addition, you have consented to two summary charges being transferred from the Magistrates’ Court to the County Court and have pleaded guilty to those charges:  Charge 6 is a charge of possessing cartridge ammunition without a licence, which carries a maximum penalty of 40 penalty units, and Charge 8 is a charge of dealing with property suspected of being the proceeds of crime, which carries a maximum penalty of 2 years’ imprisonment.

2The circumstances of your offending are detailed in the summary of prosecution opening for plea (Exhibit “A”). 

3On 28 May 2020, police executed search warrants at your home in Canadian, where you resided with your then partner, Ms Ruby Davoren.  They located a number of items which comprise Charge 1, trafficking in a drug of dependence.  In the bedroom they found two small amounts of methylamphetamine of 2.6 grams (84 per cent methylamphetamine) and 3.9 grams (83 per cent methylamphetamine).  In the roof cavity of the garage they found 55.8 grams of methylamphetamine (79 per cent methylamphetamine).  In the spare room they found a bottle containing a quantity of liquid amphetamine, a large quantity of empty press-seal plastic bags and, also, scales.  The total quantity of methylamphetamine located was 62.3 grams.  After being tested for purity, the quantity of pure methylamphetamine was just under 50 grams.  A traffickable quantity of methylamphetamine is 3 grams.  A commercial quantity of methylamphetamine is 50 grams.[1]

[1]        Drugs, Poisons and Controlled Substances Act 1981 (Vic), Schedule 11, Part 3

4Charge 2, possession of a traffickable quantity of firearms, relates to the following items located in the roof of the garage:  a loaded Nikko 12 gauge shotgun with its barrels sawn off and, also, an Hungarian air rifle (both of these firearms had been stolen by an unknown offender or offenders from a home in Mount Evelyn between 6 and 13 October 2019).  Buried in your backyard, police also located a PVC container which contained the following:  a homemade pistol, which was loaded with one live round of ammunition and capable of discharge; a Lithgow .22 calibre single barrel long rifle; a .375 calibre single barrel Browning centre fire rifle which had been dismantled (this firearm had been stolen by an unknown offender or offenders from the home of its owner on 26 January 2019) and a Lithgow .303 calibre single barrel rifle.  The serial number had been removed from the latter firearm, which was not capable of being discharged. 

5Three of the six firearms in your possession were stolen. Also, pursuant to s7C of the Firearms Act 1996, a person must not possess two or more firearms unless the person does so in accordance with the Act or Regulations. You did not hold a current Victorian firearms licence and, indeed, were a prohibited person within the meaning of the Firearms Act, as not more than five years had expired since you served a term of imprisonment of less than five years.

6Charge 3, handling stolen goods, includes your possession of the three stolen firearms to which I have just referred, as well as 10 cordless Makita power tools and batteries, with the initials WW inscribed on them.  The latter were work tools which had been stolen by an unknown offender or offenders from their owner’s utility when it had been parked outside his home on 25 May 2020.

7Summary Charge 6, possessing cartridge ammunition without a licence, comprises ammunition which police located in a black shopping bag in your bedroom and also in the PVC container which was buried in your back yard.  There were 53 large calibre rifle cartridges, which were capable of being used in two of the firearms, namely, the .375 Browning rifle and the .303 Lithgow rifle; 75 cartridges of 12 gauge calibre, which were capable of being used in the Nikko shotgun, and one .38 shell which was loaded into the home made pistol.

8Summary Charge 8, dealing with property suspected as being the proceeds of crime, relates to $5,000 cash located in the roof cavity of your garage, a Suzuki motorcycle located in your back yard, and a large quantity of powered gardening equipment located in your back shed.

9You were arrested by police and participated in a record of interview.  You admitted that the methylamphetamine, cash and firearms found in the roof cavity belonged to you.  You claimed that the methylamphetamine was for personal use and that the cash was from you having sold various items online, but were unable to provide any supporting documentation relating to such sales.  You stated that you had the firearms for protection, as you had been assaulted in the past, but gave very vague details as to your claimed purchase of such firearms.  You were charged with the offences and, at a committal mention held on 1 October 2020, you indicated your intention to plead guilty to the charges.

10You are presently aged 39 years, having been born on 24 September 1981.  You come before the Court with a quite extensive criminal history dating back to 2001.  In 2001 you appeared in court for offences of theft and criminal damage and in 2006 for charges of burglary, theft, fraudulently using a registration label/plate and using an unregistered vehicle on a highway.  There was then a gap in your criminal history until 2012.  Between 11 December 2012 and 4 December 2018 you have been before the courts on a number of occasions for drug related offending including approximately five charges of trafficking in different drugs, possession or use of drugs (cannabis and methylamphetamine), two charges of dealing with property suspected as being the proceeds of crime, receiving stolen goods, being a prohibited person in possession of a firearm, charges of assault and recklessly causing injury, contravening Family Violence Intervention Orders and contravening a condition of bail, as well as a number of other dishonesty and driving offences.  In 2015, 2017 and 2018 you breached Community Correction Orders which had conditions of assessment and treatment for drug abuse or dependency and offending behaviour programs.  You were sentenced to 2 months’ imprisonment, wholly suspended, in 2013, 12 days’ imprisonment in 2015 and 5 months’ imprisonment in 2018 (which was in conjunction with a Community Correction Order).

11In a plea on your behalf, Mr Lavery stated that you were born in Sunshine and have three siblings, none of whom have had any contact with the criminal justice system.  Your father and mother have been married for a long time and each held paid employment from which they have now retired.  You had an upbringing where you were not exposed to drug use or violence.  You attended school until Year 10 and then left to commence an apprenticeship as a panel beater, which you did not complete.  You then obtained a certificate in shearing and worked as a shearer in the Greater Ballarat Area for approximately 12 years from 2002 to 2014.  For part of that time you had a scrap metal business and, also, have periodically bought, reconditioned and resold motor vehicles as a source of income.

12You have eight children to three different partners.  The oldest child is 17 years of age.  The youngest child is four months old, having been born in December 2020 to your then partner, Ms Ruby Davoren, from whom you have since separated in order to commence another relationship.  Ms Davoren remains supportive of you and provided two character references to the Court on your behalf.[2]

[2]Exhibit “2” and Exhibit “8”

13After being charged with these offences, you were remanded in custody.  However, on 10 December 2020, you were granted bail apparently in order to support your then partner, Ms Davoren, who had some complications with her pregnancy and to enable you to be present at the imminent birth.  Mr Lavery stated that you have struggled with drug addiction over a lengthy period and that your criminal history is largely related to such addiction.  Not long after being released on bail, you recommenced your use of illicit drugs.  On 14 April 2021 you were charged with further alleged offending for which you were remanded in custody where you have remained until the present time.  The Court was told by Mr Moore, for the prosecution, that those charges, which are yet to be resolved, involved serious allegations “relating to drugs, money and other matters.”

14Tendered at the plea hearing on your behalf was a report of an assessment by Mr Ian Mackinnon, consultant psychologist, dated 18 April 2021.[3]  Mr Mackinnon had seen you on 8 April 2021 only six days prior to you being remanded in custody for the further alleged offending.  He recorded that you gave him a history of violent and emotional abuse from your father, which had caused you to leave home during your mid adolescence.  When I pointed out that this seemed to be in conflict with written submissions which had been provided to the Court on your behalf and, also, with a reference from your mother (Exhibit “1”) which had described you as having grown up “in a loving and caring home where there was no domestic violence or drugs”, Mr Lavery stated that you had not intended to convey to Mr Mackinnon other than that your father was something of an “old school” disciplinarian.  Mr Mackinnon went on to note that, since you left home in your mid adolescence, you had been quite disconnected from your family of origin and, at age 14, had commenced smoking cannabis and continued to do so habitually for the next 20 years, often smoking about 7 grams a day.  In addition, you sometimes used amphetamine and, eventually, started using methylamphetamine.  You told him that, during periods of peak ice abuse over the last few years, you would smoke about 3 grams daily, sometimes staying awake for days on end.

[3]Exhibit “3”

15Mr Mackinnon considered that you were suffering a longstanding mixed anxiety and depression disorder and an associated polysubstance abuse disorder.  He stated, “In my opinion identifiable antecedents to Mr Piscopo’s MADD are likely to include:  parental physical and emotional abuse (he) apparently, suffered during his formative years, poor parental attachments, associated emotional, social and school adjustment difficulties, early involvement in illicit substance abuse and negative developmental consequences that had flowed from these adverse experiences.”  He considered that your polysubstance abuse disorder had been “very much a means of self medicating (your) chronically distressed state.”  He also considered that you suffered from a mild Post-traumatic Stress Disorder arising from two assaults in recent years.  One of these in late 2020 involved you allegedly being kidnapped and bashed over a prolonged period by a group of men who dumped you outside Ballarat.  He noted that you had also reported that, in about 2015, you had been assaulted by a group of males and had suffered jaw injuries for which a metal plate and screws were subsequently inserted.  He opined that it is possible that you are suffering a mild Post-traumatic Stress Disorder arising from those assaults, but considered that he did not have enough information to enable him to formally diagnose Post-traumatic Stress Disorder.  He considered it possible that your illicit substance use and your current antidepressant medication, Zoloft, (which had been first prescribed by a prison doctor in late 2020) may have masked the fuller extent of symptoms associated with Post-traumatic Stress Disorder.

16In the light of the written submissions filed on your behalf and your mother’s reference relied upon by you, I find it difficult to conclude on the balance of probabilities that your parents contributed to any psychological state of anxiety and depression by physically or emotionally abusing you during your formative years.  Indeed, ultimately, Mr Lavery put it no higher than that you had left home, not because of a significantly dysfunctional family background, but because of your “perceived” conflict with your father in the way that some rebellious adolescents do.  Ultimately, Mr Lavery did not submit that the content of Mr Mackinnon’s report attracted principles 1 to 4 of R v Verdins[4] although he asked that the Court take into account your psychological symptoms as adding to the burden of imprisonment, and I do so.

[4] (2007) 16 VR 269

17Mr Mackinnon assessed you as having poor emotional intelligence.  He noted that you had fathered a number of children to different partners and that you had failed to be a consistently available and competent parent to all of your children, whom you acknowledge to be suffering the consequences of your wayward lifestyle and inability to adequately protect them or comfort them as their father.  He considered that you had accrued antisocial and criminal traits, albeit that they appeared to be somewhat balanced by your reported fairly solid employment history, “attachments to your children” and a desire to rehabilitate yourself. 

18I must say, I find it somewhat difficult to reconcile your alleged solid employment history with the lengthy history of regular daily use of illicit substances whether it be cannabis, often 7 grams each day or methylamphetamine of up to 3 grams per day (in the last few years).  A reference from Chris Scutcheon, which was tendered on your behalf,[5] states that you worked for him for a period of 10 months when he was running his own business in home servicing and maintenance, and that he would be more than willing to recommend you as an employee.  He stated that you were one of his best workers and he would not hesitate to employ you again, as you were a hard worker with good focus, reliability, time management and a large range of skills.  Unfortunately, Mr Scutcheon did not state when this period of employment took place.  He stated that has known you for 16 years and that “your true character does not emerge when you [are] suffering the damaging effects of drug addiction.”  I also note that this reference, dated 28 June 2020, was prepared prior to you being granted bail and he expresses confidence in your rehabilitation in supporting your partner, Ruby, and your then unborn baby.  Unhappily, Mr Scutcheon’s confidence has not been realised by subsequent events.  I make the same observation about comments in a reference, also dated 28 June 2020, from Ms Angela Walker, who has known you for about 2½ years.  She referred to you having had valuable time to reflect on your past actions whilst you were at the Metropolitan Remand Centre and she expressed confidence that, if given the opportunity to be released, you would do everything possible to ensure that you keep on track.  Unhappily, once you were released, your dependence upon illicit substances quickly got the better of you.  However I accept that these references, along with that from Dylan Giovanetti and Jamie Green (undated but clearly written prior to 3 September 2020)[6] show that you have the capacity for hard work when you are not enslaved to the adverse effects of illicit drugs.  Your counsel submitted that the references from Ruby Davoren[7] are of some weight as to your caring nature when not in the grip of drug addiction.  Ms Davoren, herself, has been a drug addict and states that the birth of her child has “pulled [her] out of [her] cycle of addiction”.  I accept that, given that she is a former partner, the fact that she is prepared to give testimony as to the better side of your character is some indication that, if you are able to address your drug addiction, then you may have some prospects of rehabilitation.

[5]Exhibit “4”

[6]Exhibit “6”

[7]Exhibits “2” and “8”

19Your counsel stated that you have been trying to remain drug free whilst remanded in custody.  One report of a urine screen dated 8 July 2020 was tendered in this regard.[8]  If you have been abstaining from illicit drugs whilst in custody, your path to rehabilitation has only begun relatively recently, after years of substance abuse and a repeated inability to fully engage with therapeutic conditions of Community Correction Orders.  I must say that, overall, from the material before me, you appear to be an immature and irresponsible 39 year old and that you seem to have a lot of growing up to do.

[8]Exhibit “7”

20The quantity of pure methamphetamine relating to Charge 1 is only just under a commercial quantity (50 grams).  Although it is likely that, given your history of drug abuse, you would have used some portion of that overall amount for personal use, the quantity involved puts this charge towards the more serious end of a trafficking simpliciter charge.  You had in your possession over 16 times a traffickable quantity of methamphetamine (3 grams).  I do not accept, as you told police, that you had only ever supplied methamphetamine to a friend as a favour.[9]  The large quantity of press-seal bags and scales found in a spare room with a bottle containing liquid amphetamine suggest more than merely a charitable gesture to a friend, although there is no evidence of actual transactions by you and the charge is based upon the possession by you of a traffickable quantity of the drug.  

[9]        Question and Answer 60-63 of the Record of Interview, Depositions p.94

21It is of concern that you have four prior convictions for trafficking in various drugs (methylamphetamine, ecstasy, amphetamine and cannabis) in 2018, a prior conviction in 2016 for trafficking in methylamphetamine and prior convictions in 2015 for trafficking in methylamphetamine and trafficking in cannabis.  You, of all people, should know the misery of drug addiction and the toll that it takes upon our community, not only those who develop a dependence upon it and who suffer ruined lives but, also, the contribution that such addiction makes to our crime rate and the burden it places on law enforcement officers, the health system, the court system and the prison system.  In sentencing for this offence the Court must denounce your conduct and place emphasis upon both general and specific deterrence, community protection and just punishment.

22Charge 2, possessing a traffickable quantity of firearms, involved six firearms.  The idea that you had all of them for protection because you had been the victim of some drug-related kidnapping at an earlier time is difficult to accept.  Perhaps the possession of one firearm in a readily accessible possession may have been explained by such fear, albeit that even that is no excuse.  However, none of the firearms were readily accessible and, in any event, there can never be a legal purpose for possessing a sawn off shotgun of any type. 

23When one is in possession of illegal firearms and also in possession of a traffickable quantity of illegal drugs, the combination appears sinister.  In particular, the sawn off Nikko 12 gauge shotgun and Hungarian air rifle were found in the roof of your garage where the vast quantity of the methylamphetamine constituting Charge 1 was located by police.  No lawful purpose for possession of any of the six firearms has been provided by you.  Indeed, three of the six firearms were stolen, although I am conscious that those three firearms also form part of Charge 3, handling stolen goods.  Thus, some concurrency is warranted. 

24You did not hold a current Victorian firearms licence and nor could you have done so as you are prohibited person under the Firearms Act, albeit that you are not charged with being a prohibited person in possession of firearms as this would have involved a doubling up of charges.  I note that you have one prior conviction back in 2016 for being a prohibited person possessing a firearm, which your counsel stated was an antique longarm.  Mr Moore has fairly conceded that the prosecution are unable to prove beyond reasonable doubt that your possession of a traffickable quantity of firearms was related to your trafficking in a drug of dependence.  Hence, your offending on Charge 1 and Charge 2 is discrete offending and, in sentencing on each of those charges, there is no question of double punishment or of elevation of the seriousness of the offending on the basis that the firearms were to be used in conjunction with trafficking of drugs.  Nevertheless it is important to bear in mind that the Court of Appeal has stated that “the maximum penalty of 10 years’ imprisonment applicable to the possession of firearm charges reflects the gravity of the offence and the purpose of ensuring public safety and peace.”[10] 

[10]DPP v Basic [2017] VSCA 376 at paragraph [104]

25I note that, with the exception of the Browning bolt action .303 rifle, which was not able to be discharged, the other five rifles were able to be discharged (provided the Browning .375 calibre centrefire rifle had been re-assembled from its dismantled parts).  Further, two of the firearms were loaded and this is an aggravating factor.  You also possessed large calibre cartridges which could have been used in the Browning .375 calibre rifle, as well as cartridges which fitted the already loaded Nikko 12 gauge shotgun.  I am mindful that, to this extent, your possession of relevant ammunition is an aggravating feature of Charge 2.  Thus, it is important to ensure that Summary Charge 6, possession of cartridge ammunition without a licence, is not elevated in seriousness because you possessed firearms in which it could be utilised.  That is, I am conscious of the need to avoid double punishment.

26I have already mentioned the fact that three of the firearms in your possession were stolen albeit that there is no evidence that you were the thief.  In sentencing for firearms offences like these, general deterrence and protection of the community are important considerations.  Our law has very strict regulation for the possession of firearms and any criminal activity which assists in the trafficking of firearms must be denounced and appropriately punished, even though there is no evidence of what you intended to do with any of the six firearms.  Although you have one prior conviction for possession of a firearm, yours is not a case where the Court could conclude that your possession of the six firearms, although clearly of a traffickable quantity themselves, was for some other specific criminal purpose such as an armed robbery or drug trafficking or illegal activities associated with an outlaw motor cycle gang, such as to warrant a more severe sentence than usual.  I have had regard to current sentencing practices generally, but other cases are simply relevant yardsticks which give a “broad understanding of the range of sentences that would ensure consistency in sentencing and a uniform application of principle”[11]. 

[11]15 R v Kilic (2016) 259 CLR 256, 266-7, paragraphs [21]-[22]

27Charge 3, handling stolen goods, is significant in that it involves not only the three stolen firearms (the Nikko 12 gauge shotgun, the Hungarian air rifle and the Browning .375 calibre centrefire rifle) which form part of Charge 2, but 10 cordless power tools comprising drills, saws, angle grinders, impact drivers, batteries, a charger and torch.  All of the tools were marked with the initials of their owner, who was a tradesman who had them stolen from his utility which was parked right outside his home.  Whilst you are not charged with the theft of those items, it is plain from the markings on them that they belonged to someone with those initials.  Were it not for handlers like you, those who steal such essential work equipment needed by tradesmen to earn their living would not find a market for their dishonesty.  You have a significant history of dishonesty offences dating back to 2001.  Unhappily, it seems to have become a way of life for you, in combination with your drug abuse.  The maximum penalty of 15 years’ imprisonment shows how seriously this crime is regarded.  In sentencing for it, the Court must denounce your conduct, place emphasis upon general and specific deterrence and protection of the community, as well as imposing just punishment.

28As far as the summary offences are concerned, I have already referred to Charge 6, possession of cartridge ammunition, and the need to ensure that you are not doubly punished for this offence and Charge 2 where there are common elements.  Charge 8 is a relatively serious example of possessing property suspected as being the proceeds of crime comprising $5,000 cash, power tools, powered gardening equipment, a Suzuki motorbike and a RMZ motorbike.  Your explanations to police that the $5,000 related to money from buying and selling motorbikes online[12] and your very vague details as to when and where you had obtained various of the other tools and motorbikes were unsubstantiated. 

[12]Question and Answers 86 – 96 of the record of interview, Depositions pages 97 - 98

29In your favour, Mr Piscopo, I take into account that you did make some admissions to police in your record of interview and that you pleaded guilty to the charges at an early stage at a committal mention on 10 December 2020 and that the matter proceeded as a straight hand-up brief for a plea of guilty listed for 26 April 2021.  You are entitled to the utilitarian benefit attached to such pleas of guilty, which benefit is enhanced by the fact that the indication of pleas was made during the COVID pandemic when it was not possible to run criminal trials in the State of Victoria.  It is possible that you have begun to develop some remorse for your criminal offending and that this is reflected in your pleas of guilty, although remorse is not a feature which is evident in any of the exhibits tendered on your behalf.  Further, as already mentioned, Mr Mackinnon expressed his opinion that you have accrued “antisocial and criminal traits”.[13]  He also considered that “despite probably having genuine intentions to stay out of trouble when [you were] released from remand in late 2020, [your] psychological problems and associated substance abuse problems are so entrenched that [you] quickly floundered in the wider community.”  He went on to state that you are “likely to do so again unless [you] first attempt completion of a long term residential rehabilitation program, followed by long term psychological therapy or other forms of counselling.”[14]  I note that you told Mr Mackinnon that you had previously completed a 12-step program with Odyssey House (Footscray) and that you had also completed a Men’s Behaviour Change program.[15]  Your counsel did not refer to this and, if it is true, it seems that any relapse prevention strategies must have been forgotten by you in the light of your rapid relapse into substance abuse after you were granted bail in December last year.  I have already referred to the multiple opportunities given to you by way rehabilitative Community Correction Orders, all of which have been breached by you.  For these reasons I am not optimistic about your rehabilitative prospects, however, it would be wrong of me to ignore them and it may be that, as you approach your fortieth birthday, you are reaching a stage in life where you may become sick of the futility of your existence and the damage that you have caused to others, not the least of whom are your eight children from various partners who have lacked the consistent, loving, caring and secure parenting that a child is entitled to expect from a father. 

[13]Exhibit “3” page 6

[14]Exhibit “3” page 7

[15]Exhibit “3” page 5

30I have previously commented that you do have a capacity for work when not afflicted by substance abuse and note that there was a six year gap in your offending between 2006 and 2012.  That is now quite some time ago, but it is possible that, if you utilise your time in custody to remain abstinent from illicit drugs, that will provide you with a good basis for commencing rehabilitation in the community.  I note that you still have the support of your mother, your former partner, Ms Davoren, and the friend and former employers who have provided references on your behalf to the Court.  Thus, you are not without personal resources to be able to rebuild your life. 

31Your counsel has conceded that there is no sentence available in all the circumstances other than a term of imprisonment with a head sentence and a non‑parole period.  Clearly, this will be the longest sentence of imprisonment that you have yet served and the Court hopes that you will utilise the time, not only to abstain from using illicit drugs, but to undertake rehabilitative courses once they become available as the COVID pandemic restrictions ease.  As far as the latter is concerned, I do note that you have spent time in custody from May both up until December last year, when you were granted bail.  During that time, you were subject to the restrictions of the pandemic, which have included the reduction of out of cell time in order to facilitate social distancing, the lack of contact visits from family and friends and a reduction in the availability of programs.  In so far as I am able to do so, I take into account that these restrictions, which are presently ongoing, have made your period in custody more onerous.  You would have been required to undergo 14 days of isolation in quarantine when first remanded in custody after you were initially arrested in May 2020.  After being granted bail, you were taken into custody again on in April 2021 in relation to subsequent offending.  However, I have been specifically asked by your legal representative not to take the time from then until now into account as Renzella time as it is proposed to address that period in custody when your subsequent offending is dealt with by a court.[16]

[16]        Exhibit “10”, Email from Adrian Paull, solicitor, to my Associate, dated 12 May 2021

32Although all of the offences for which I must sentence you are discrete offences, I have noted that there are aspects in common between some of those offences.  I am conscious of the principle of totality and the need to arrive at an overall sentence which is just in all of the circumstances.  Accordingly, the sentences are as follows:

33On Charge 1, trafficking in a drug of dependence, you are convicted and sentenced to be imprisoned for a period of 3 years.

34On Charge 2, possessing a traffickable quantity of firearms, you are convicted and sentenced to be imprisoned for a period of 2 ½ years.

35On Charge 3, handling stolen goods, you are convicted and sentenced to be imprisoned for a period of 16 months.

36On Summary Charge 6, possessing cartridge ammunition, you are convicted and fined $200.

37On Summary Charge 8, dealing with property suspected of being the proceeds of crime, you are convicted and sentenced to be imprisoned for a period of 10 months.

38The base sentence is that of 3 years’ imprisonment imposed on Charge 1.  I direct that 15 months of the sentence imposed on Charge 2, 8 months of the sentence imposed on Charge 3 and 5 months of the sentence imposed on Summary Charge 8 be served cumulatively upon the base sentence and upon each other.  The total effective sentence is thus 5 years and 4 months’ (64 months) imprisonment.  I direct that you serve a period of 3 years and 10 months’ (44 months) imprisonment before becoming eligible for parole.  I declare a period of pre‑sentence detention between 28 May and 10 December 2020, namely, 197 days, to be time reckoned as already served under the sentence imposed this day.

39Pursuant to s.6AAA of the Sentencing Act, I state that, had it not been for your pleas of guilty, the total effective sentence imposed would have been 7 years and 4 months’ imprisonment, with a non-parole period of 5 years. 

40On Charge 1, I order, pursuant to section 78(1) of the Confiscation Act 1997, the forfeiture to the State of the property referred to in the Schedule to that order, and I further direct that it be placed in the custody of the Chief Commissioner of Police and be held by him until 28 days from this date or the conclusion of any appeal proceedings where it may be tested and/or analysed and then destroyed.

41On Charge 2 and Summary Charge 6, I order, pursuant to section 151 of the Firearms Act 1996, that the property referred to in the Schedule to that order be forfeited to the Minister.

42On Charge 3 and Summary Charge 8, I order, pursuant to section 34(1) of the Confiscation Act 1997, that the property referred to in the Schedule to that order be forfeited to the Minister.

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