Director of Public Prosecutions v Samaras

[2017] VCC 1948

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 16-01764

DIRECTOR OF PUBLIC PROSECUTIONS

v

STEVEN SAMARAS

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	7 December 2017
DATE OF SENTENCE:	15 December 2017
CASE MAY BE CITED AS:	DPP v Samaras
MEDIUM NEUTRAL CITATION:	[2017] VCC 1948

REASONS FOR SENTENCE
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Subject:  Importation of a Tier 2 good, possession of unregistered Category A or B longarm, possession of an unregistered handgun, possession of a silencer with a permit, failure to answer bail
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms E. Linfoot	CDPP
For the Accused	Mr A. Jackson	Theo Maqazis & Assoc

HER HONOUR: 

1Steven Samaras, you have pleaded guilty to one Commonwealth offence of importation of Tier 2 good and to possession of an unregistered category A or B longarm, possession of unregistered handgun.

2The maximum penalties for these offences are ten years, two years and seven years respectively.  Additionally you have agreed to have heard by me and pleaded guilty to related summary offences of possession of a silencer without a permit and failing to answer bail.  Both summary matters have a maximum penalty of two years.

3In sentencing you for Charge 1, I take into account the relevant matters listed in s.16A(1) and (2) of the Commonwealth Crimes Act and in relation to the other state matters, have regard to the relevant matters listed in s.5.2 of the Sentencing Act. 

4A comprehensive summary of your offending is in the prosecution opening, Exhibit A.  Sometime in October 2015, you met Ms Tamara Turner whilst she was living in America via Facebook.  You ultimately paid for her flight to come to Australia on 14 December.

5On two occasions between 19 November and 3 December 2015, you sent funds totalling US$1030 to Ms Turner.  You listed your address as Kinnabulla.

6By agreement with you, Ms Turner sent three packages carrying illegal from an address in Branson, Missouri, USA.  Each package was sent to you at your parent's address in Preston.  The contents of the three packages or consignments are the subject of Charge 1.

7The parcels were posted on 27 November, a date unknown and 2 December 2015 respectively.  The consignment's details were Dustin Smith or a similar name with the same Missouri address.

8The first parcel arrived on 14 December 2015 and was examined by authorities in Sydney.  It was found to contain 25 Winchester 12 Ga. live shotgun shells and TR Imports Silver Eagle Stalker 14 Ga. break open action single barrel shotgun.

9On 16 December 2015, the second parcel was examined by authorities in Melbourne.  It was found to contain a white box with Hi-Point firearms and Model JHP .45 ACP printed on it with a black handgun and separate magazine.

10On 22 December 2015, the third parcel was ultimately examined by authorities in Melbourne.  It was found to contain one Hi-Point firearm model JHP .45 ACP and magazine and a green coloured Zombie stun gun in a black pouch.

11All the items in the packages are the subject of Charge 1.

12When Ms Turner arrived at Tullamarine on 14 December, she had with her relevant business cards from the gun shop in Missouri.  She maintained that she helped the owner of that business to get customers.  The contents of her mobile phone were downloaded by authorities.

13On 21 January 2016, a search warrant was executed at your Kinglake property.  At the commencement of the search, you told police that you had some firearms on the premises and that they were located in the kitchen underneath the dishwasher.  Police located the following items under the kitchen sink and in a cupboard in the bedroom which are the subject of Charges 2, 3 and the summary charge:

14A Winchester Rifle with scope; A .22 rifle without stock, .22 SAKO rifle, a Spanish air rifle, a cut down .22 rifle in black sheath and a suppressor for the end of a firearm. 

15Results of forensic analysis showed that Ms Turner's fingerprints were located on some of the items at your residence.  Your fingerprints were located on adhesive tape removed from the cover of the SAKO .22 firearm located during the search of the Kinglake property.  Additionally, your DNA was on firearms seized from Kinglake.

16Your mobile phone was analysed and revealed searches you conducted in relation to different types of firearms including Hi-Point pistols and firearm dealers in Missouri and related images.  Your laptop was also examined and revealed similar incriminating material including itinerary for Ms Turner's flight to Melbourne purchased by you from Flight Centre, Preston.

17Enquiries with USA authorities revealed Ms Turner had purchased each of the imported firearms from Sweet Spring Gunworks in Branson, Missouri.

18On 21 January 2016, police arrested you and Ms Turner both the Kinglake property.  You admitted ownership of the firearms located at the Kinglake property, Question 242 to 287, and that you did not have the relevant firearms licence, Question 269.  You said that you took the guns from friends because you did not want them to kill themselves or put themselves in gaol - Questions 237, Question 269 to 279.

19You paid between 600 and 1200 dollars for various firearms - Questions 262 to 279 and 299 and 302.  You admitted your relationship with Ms Turner and to financially assisting her to come to Australia but denied any knowledge of the parcels or involvement with the importations.  You revealed to police your parent's address but maintained you had only visited there once, Question 101 and 102.

20You said that you had sent an engagement ring to Ms Turner in America in October, Question 108 to 109, and sent money to help, Question 115 to 117.  You denied any knowledge of the contents or existence of any of the parcels or the consigner's details - Question 181, Question 127 and Question 318.

21You said you had lived at Kinnabulla 15 years ago but did not know why that address would be associated with the money transferred to Ms Turner. 

22Following your arrest, you were bailed to appear at the Melbourne Magistrates' Court on 28 April 2016 but failed to appear.  You were arrested 7 June 2016 for other matters and told police that you and Ms Turner had been on the run and that you had been driving around Australia and camping.

23On 11 October, you were committed for trial following contested committal. 
On 22 March, your offer to resolve the matter was accepted by the prosecution.

24I received a report from Ian Mackinnon, forensic consultant psychologist, dated 30 November 2017 and I take that material into account. 

25You are currently aged 49.  You had an unhappy childhood and left school at age 13.  You then worked in your parent's business and consequently had limited relationships with your peers or children your age. 

26You spent your 20s and 30s working on only a short term or intermittent basis as a car retailer.  During this period, you committed a number of criminal offence relating to drugs, dishonesty and driving and have been required to serve periods in custody in both New South Wales and Victoria.

27Of particular relevance are the offences relating to weapons or firearms in 1992 and 1994.  I note that you have not served any period of imprisonment since 2000.  When you reached your 40s, you determined to a solitudinous existence and settled in Kinglake.  You are generally of good health and have no psychological or psychiatric issues.  You have been a regular user of cannabis until recently and also have abused other prescription medication.

28Dr Nguyen notes that while you appear to have been suffering for a long timewith a mild anxiety and depression disorder, your offending does not appear to be as a consequence of this condition or your cannabis dependency.  Your counsel did not rely on the principles in Verdins.

29I take into account your plea of guilty.  Although your plea was not at the first opportunity, I accept your guilty plea has significantly facilitated the course of justice and has a utilitarian benefit.  You have saved the community the cost associated with running a trial.  You plea is also indicative of your acceptance of responsibility for your actions.

30I accept that your plea is also indicative of remorse but this is of limited weight given the timing of your plea and consistent denials in your record of interview despite a strong prosecution case. 

31I take into account that custody will be burdensome for you given that you will be in protection having been many years ago a prosecution witness in a trial.  Additionally, your anxiety and depression will make custody in those conditions more difficult.  Your rehabilitation prospects are difficult to assess given your prior history.  You have, however, had extended periods without offending, particularly as you have aged. 

32You have the support of your mother and sister-in-law who were in court with you.  I accept, as submitted by your counsel that your rehabilitation prospects are guarded. 

33There were some aggravating features of this offending, particularly the most serious importation charge.  There was a degree of planning; you paid for
Ms Turner to travel here and you used your own parent's address; there were three separate consignments over a short period; the nature of the items imported was that they were complete and in working order; ammunition was included in the packages;  The objects and packages posed a serious danger to public safety.  You absconded when you were on bail. 

34I note that there was no suggestion that you were going to sell or deal in the items the subject of the state offences.

35Your counsel conceded that your offending required the imposition of a term of imprisonment.  The prosecution submitted that you should be required to serve a term not such that you would be eligible for a recognisance release order.

36Given your prior matters and the serious nature, particularly of the importation offence, specific deterrence is a relevant consideration.  General deterrence also applies.  Clearly these offences are designed to prevent harm to community by disallowing dangerous weapons into the hands of those involved in serious criminal activity.

37Those who participate by importation of such weapons need to be aware they will be severely punished.  Denunciation, safety or protection of the community, and just punishment are all relevant sentencing considerations and these must be balanced with matters in your favour including your plea and your situation in custody.

38If you could please stand up Mr Samaras?

39In respect of Charge 1, you are convicted and sentenced to a term of imprisonment of three years and six months.

40In respect of Charge 2, you are convicted and sentenced to a term of imprisonment of one month.

41In respect of Charge 3, you are convicted and sentenced to a term of imprisonment of one month.

42In respect of the summary offence relating to the silencer, you are convicted and fined $500 dollars.

43And in respect of the fail to appear summary offence, you are convicted and fined $250 dollars.

44The sentence imposed on Charge 1 will commence at the expiration of the state sentence. 

45That there gives a total effective sentence of three years and seven months and I impose a non-parole period of two years.  Pre-sentence detention please?

46MS LINFOOT:  It is now 555 days, Your Honour.

47MR JACKSON:  I agree, Your Honour.

48HER HONOUR:  Thank you.  I declare pre-sentence detention of 544 days.  Did I do the forfeiture the other time?

49MS LINFOOT:  No, Your Honour.  I provided a form to Your Honour's associate.  I have a copy here as well for the order and just the pre-sentence detention was 555 days.

50HER HONOUR:  Yes, sorry, 555.

51MS LINFOOT:  I am not sure if I misheard you?

52HER HONOUR:  555 days, yes.

53MR JACKSON:  Yes, Your Honour.

54HER HONOUR: All right, I will just sign this order. Pursuant to s.6AAA of the Sentencing Act, if you had not pleaded guilty to this matter I would have imposed a sentence of imprisonment of five years with a non-parole period of three.

55Are there any other matters?

56MS LINFOOT:  No, Your Honour.

57HER HONOUR:  Thank you.

58MR JACKSON:  No, Your Honour.

59HER HONOUR:  Yes.  Stand down, thank you.

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