Director of Public Prosecutions v Starr
[2025] VCC 804
•16 June 2025
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR 24-01109
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| AARON STARR |
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JUDGE: | HIS HONOUR JUDGE LEWIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 30 May 2025 | |
DATE OF SENTENCE: | 16 June 2025 | |
CASE MAY BE CITED AS: | DPP v Starr | |
MEDIUM NEUTRAL CITATION: | [2025] VCC 804 | |
REASONS FOR SENTENCE
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Subject: Criminal law – sentencing
Catchwords: Plea of guilty – trafficking in a drug of dependence – possession of a drug of dependence – negligently dealing in the proceeds of a crime – prohibited person in possession of a firearm – high objective offending severity – relatively high moral culpability – general deterrence – punishment – denunciation – community protection – drug use – police operation
Legislation Cited: Firearms Act 1996 (Vic); Sentencing Act 1991 (Vic); Drugs, Poisions and Controlled Substances Act 1981 (Vic)
Sentence: Term of imprisonment for a period of 28 months, and a community corrects order for a period of two years. One charge proved and dismissed
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr M. Fisher | Ms A. Paterson Mr D. Bosso |
| For the Accused | Mr R. Backwell | Mr A. Wilson |
HIS HONOUR:
INTRODUCTION
1Aaron Starr, you have pleaded guilty before me to:
·One charge of trafficking in a drug of dependence (which has a maximum penalty of 15 years' imprisonment);
·Five charges of possession of a drug of dependence (which has a maximum penalty of five penalty units in relation to the small quantity of cannabis and, in this case, one year’s imprisonment in relation to the other charges);
·One charge of negligently dealing in the proceeds of crime (which has a maximum penalty of five years' imprisonment); and
·Two charges of being a prohibited person in possession of a firearm (which has a maximum penalty of 10 years' imprisonment).
2
This matter initially came before me on 6 May 2025 for a sentence indication hearing. I provided an indication on 13 May, and your plea was entered on
30 May 2025.
3The circumstances of your offending are outlined as follows and constitute the factual basis upon which I sentence you.
THE OFFENDING
Circumstances of offending
4In 2023, police attached to the Mallee Divisional Response Unit established Operation DURANGO-2022. The purpose of the operation was to investigate the trafficking of commercial quantities of methylamphetamine between May 2023 and December 2023.
5The operation commenced in relation to the principal target, Sean Curphey. Police identified that Curphey was heavily involved in a drug trafficking syndicate and that he would traffic commercial quantities of methylamphetamine into the Mildura area on a regular basis. Other members of the syndicate included Michael Villiva, Stephen Papadopoulos, Katy Bronca, Rohan McTeare and Joseph Toth.
6Police established that Curphey was purchasing commercial quantities of methylamphetamine from co-accused Papadopoulos, McTeare and Villiva. In turn, he would sell methylamphetamine to you and you would further distribute the methylamphetamine around the Mildura area.
7During the course of the operation, police established that you used various means and methods to facilitate your trafficking of methylamphetamine, and they included:
· The use of a particular phone service which was registered in your name, although not at your address;
· The use of various electric scooters and pushbikes;
· The use of a white Volkswagen Golf Sedan registered in the name of Katy Rosamond Bronca;
· The use of an unregistered black Honda CBR motorbike; and
· The use of three Commonwealth Bank accounts in the name of your daughter, Ellie Starr.
8Police established that you sourced methylamphetamine from Curphey, Papadopoulos and McTeare and that you would then distribute smaller, trafficable quantities of methylamphetamine to others for money. You would receive payment by cash or bank transfer to accounts held in the name of your daughter.
9In May 2023, pursuant to a warrant, police installed a surveillance device at Curphey's address at 604 San Mateo Avenue, Mildura. That surveillance device enabled police to observe numerous individuals engaged in drug and other criminal activity between July and September 2023. Amongst those individuals was you.
10
The quantum of methylamphetamine attributed to you and each of your
co-accused is largely calculated from the many conversations that occurred while you and others were present at the house. Footage depicts you and others handling drugs of dependence. It also captures many discussions in relation to activity regarding methylamphetamine sales and purchases.
11At the time, you were a prohibited person under s 3 of the Firearms Act 1996 (Vic) due to your prior criminal history.
12
Charge 1 is a charge of trafficking 247.4 grams of methylamphetamine between 16 August 2023 and 11 September 2023. The charge is put on a simpliciter basis and involves two components. The first component relates to a number of transactions that were set out in the prosecution opening and totalled
226.5 grams. These were transactions that were captured on the surveillance device. The amounts involved varied widely. The smallest involved an amount of 1 gram on 16 August 2023, and the largest was an amount of 117 grams on
6 September 2023.
13
The second component to Charge 1 encompasses 20.9 grams of methylamphetamine that was located on you when you were searched on
30 August 2023.
14Consequently, the total amount of methamphetamine that constitutes Charge 1 is 247.4 grams.
15At about 9:15 on the morning of 15 August 2023, police executed a search warrant at 604 San Mateo Avenue, Mildura where you were living at least some of the time. Upon conducting a search of the property, police located the following items in your bedroom:
· Three MDMA pills, which are the subject of Charge 2;
· One vial of testosterone, which is the subject of Charge 4;
· A bottle containing 1,4-Butanediol, which is the subject of Charge 5; and
· A small quantity of cannabis, which is the subject of Charge 6.
16At about 4 o'clock on the afternoon of 30 August 2023, a white Volkswagen Golf registered to Bronca was seen leaving 604 San Mateo Avenue. Police intercepted the car in a carpark next to Fifteenth Street and Etiwanda Avenue, Mildura. Bronca was driving, while Curphey was in the front passenger seat and you were in the rear passenger seat.
17You were arrested for some outstanding matters and taken to the Mildura Police Station. Upon searching you, police discovered two blue tablets that had been secreted in your underwear; these were later determined to be MDMA and are the subject of Charge 3. They also found $910.00 cash in your pockets, which is the subject of Charge 7. Both drugs and cash were seized by police.
18On 4 September 2023, the footage from 604 Mateo Avenue depicted you handling and assembling a revolver. The handling of the revolver is the subject of Charge 9.
19On 20 September 2023, police executed a search warrant at an address in Cureton Avenue, Mildura. During the search, a slam gun was located in the garden shed. Paul Breeding, who lived at the property, stated that he was storing the firearm for you, along with a second firearm, which was being stored for Curphey. The slam gun did not have a receiver component, but Forensic Officer Maffei was of the view that if a “…suitable receiver component were to be sleeved…it would be capable of discharging ammunition”. That weapon is the subject of Charge 8.
20The slam gun was tested for DNA and a profile matching you was found on the grip, with a likelihood ratio of 100 billion.
MATTERS PERSONAL TO THE ACCUSED
21You are now 53 years of age.
22You were born in March 1972. At the time that you committed the charged offences, you were 51 years of age and lived at 604 San Mateo Avenue and 12/471 San Mateo Avenue, Mildura.
23You have lived your entire life in Mildura, apart from a period around 1994 to 1995, when you spent some time in Cairns.
Education
24You left school part way through Year 10 to pursue a trade career and subsequently became a qualified painter and decorator.
Employment
25You have worked on and off as a painter throughout your life but are now unable to continue that work due to shoulder and knee injuries arising from your painting work and your weightlifting career.
History
26Shortly after leaving school, you were introduced to drug use by your then boss. You became a daily user of amphetamine. Around 1990, you swapped to injecting methylamphetamine. You have had periods of abstinence over the years, but have generally been a daily user over your adult life.
27As a young man, you were a weightlifter and enjoyed an amount of success in that sport, breaking a number of records.
28Between the ages of 24 and 30, you had a partner with whom you had a son, Jake. He is now 26 years of age. You maintain a good relationship with him.
29You met Kylie O'Neill in school and have maintained a friendship with her throughout your life. Over the years, your relationship with her included an intimate relationship, which resulted in the birth of your daughter, Ellie, who is now 18. You remain close to both Ellie and Kylie.
30In the lead up to the offending, you were living with Kylie.
Mental Health
31There is no material indicating that you are suffering mental health issues.
Forensic history
32You admit a criminal history going back to 1990. It was described by your counsel in written submissions as lengthy and directly relevant. That description is apt.
IMPETUS FOR AND GRAVITY OF OFFENDING
Background
33I am told that about two months before your offending, you were approached by Curphey, who was suffering various family problems. You were asked to move into his house to assist in looking after his ailing mother. And this, I am told, is how you were drawn into the offending.
34Be that as it may, some, at least, of the offending in which you became involved was very serious in nature. The amount of methylamphetamine covered by Charge 1 is only just shy of a commercial quantity as defined in the Drugs, Poisons and Controlled Substances Act. Further, your possession, as a prohibited person, of two firearms in the context of that drug trafficking is of real concern. I note that one of those firearms, a revolver, has not been recovered. Those three charges, in particular, constitute very serious offending. The remaining charges are of lesser gravity, having regard to the amount of drug in each instance and the relatively minor amount of money in relation to the negligently dealing with the proceeds of crime charge.
35Whilst it is reasonable to conclude that you were a more minor player, when compared to some others involved in this group, your moral culpability must be assessed as relatively high. Some of the amounts that make up Charge 1 are relatively significant amounts which are not consistent with street dealing. Further, you are a person of mature years, with no apparent cognitive or psychological infirmities, who clearly has sufficient experience to be well aware of the serious wrongful nature of your offending behaviour.
MATTERS OF SENTENCING PRINCIPLE
Plea of guilty
36You must, however, be given a discount for your plea of guilty and that discount must be palpable. Your counsel sought to characterise the plea as being at the earliest opportunity on the basis that, whilst it could have been earlier, the Crown previously sought a plea to more serious offending. That is not an entirely satisfactory way of looking at this issue.
37It is always open to an accused to make an offer to the Crown to resolve a matter on a basis that will be acceptable to the accused.
38However, when the parties are a long way apart, it is understandable that such offers are viewed as unlikely to bear fruit. In those circumstances, it is understandable when they are not made, albeit, in hindsight, perhaps they should have been.
39In any case, I will approach your plea on the basis that it was made at a relatively early stage.
General deterrence
40General deterrence must play a significant role in any sentence for this type of offending, not only in relation to the drug offences, but also in relation to the possession of firearms. The combination of the two, in particular, must be discouraged. The harm that drug trafficking does to the community and the danger posed by the possession of firearms by those involved in that trade are matters that warrant sentences that will actually deter others who seek to profit from similar behaviour.
41Just punishment, denunciation and protection of the community must also be recognised in any sentence arising out of this type of offending.
Specific deterrence and prospects of rehabilitation
42As I have noted, your criminal history is lengthy and relevant. Accordingly, your prospects for rehabilitation must be viewed, at the very least, as guarded.
43You have been given previous opportunities to reform and have failed to do so.
44I note that, notwithstanding your criminal history and your significant history of drug use, you maintain a good relationship with both your children and with Ms O'Neill. The maintenance of those relationships in the face of your history is encouraging. Many of those who come before these courts with such histories have alienated those around them over the years; the fact that you have not is cause for restrained optimism.
45As you are aware, I intend to impose a combination sentence which will include a community corrections order. I do so notwithstanding that you have struggled to comply with such orders in the past.
46Part of the reason for imposing such a sentence, notwithstanding your past struggles with similar dispositions, is founded in the fact that you have maintained those supportive relationships. I am also buoyed by the fact that you have indicated, through counsel, that you regard a community corrections order as being of assistance to you, and I am also told that you are now stabilised on methadone.
47I am informed that you have undertaken courses in custody, including a welding course, which is a further cause for encouragement with respect to your potential reformation.
48I also note that during your time in custody for these matters, you have received a potentially serious positive result on a bowel cancer screening test, that you were not permitted to attend your mother's funeral, and that your first grandchild was born. No doubt those matters have made your time in custody more difficult for you.
Current sentencing practices
49I have had regard to current sentencing practices, which I acknowledge are to be used as a guideline only, as opposed to being determinative in relation to the appropriate length of a sentence.
Parity
50In recent written submissions dated 11 June 2025, under the heading 'Parity', your counsel has noted that your co-accused, Michael Villiva, was sentenced to 53 days' imprisonment and a community corrections order of an unknown duration for trafficking 153 grams of methylamphetamine. Counsel concedes that Mr Villiva's criminal history is less serious than yours.
51It is also notable that you fall to be sentenced in relation to a significantly larger amount of methylamphetamine (being 247.4 grams). Furthermore, you also face two firearms charges, each of which carry a maximum penalty of 10 years' imprisonment. Accordingly, in my view, your position is so different from that of Mr Villiva that no viable parity argument can be made.
Totality
52I have considered whether the sentence that I shall impose represents a just and appropriate measure of the total criminality involved when looking at all of the offences contained in the indictment. In this case, having revisited the matter and considered it further, I have decided to impose a slightly lesser sentence than the one I indicated on 13 May this year, in order to better comply with the totality principle.
SENTENCE
53After having carefully considered, balanced and weighed all of the relevant sentencing considerations, I sentence you as follows:
· In relation to Charges 1 to 5 and 7 to 9, I sentence you to 28 months' imprisonment, in addition to a community corrections order of two years' duration;
· In relation to Charge 6, I find the charge proved and I dismiss it.
PRE-SENTENCE DETENTION
54I will declare 635 days of pre-sentence detention. That is, that you have presently served 635 days in custody, and that figure will be declared under s 18 of the Sentencing Act 1991 (Vic) as time having been served under this sentence.
s.6AAA
55But for your plea of guilty, I would have sentenced you to a total effective sentence of five and a half years, with a non-parole period of three and a half years.
ANCILLARY ORDERS
56Now, in terms of the community corrections order, I will read out the conditions of the order for your client and seek a verbal consent at the end of that process. Mr Starr, mandatory terms that apply to all community corrections orders are that:
· You must not commit another offence for which you could be imprisoned during the time that the order is in force;
· You must comply with any obligation or requirement prescribed by regulation 15 of the Sentencing Regulations 2021 (Vic). I will leave it to your lawyers to enlighten you in relation to those regulations, but essentially, they relate to the obligations of anyone who's on a community corrections order;
· You must report to and receive visits from the Secretary or the Secretary's delegate. That is a reference to the Secretary of the Department of Justice and Community Safety;
· You must report to the community corrections centre within two clear working days of the order commencing, so that will be two clear working days of your release from custody;
· You must let a community corrections officer know within two clear working days of you changing your address or job;
· You must not leave Victoria without first getting permission to do so from the Secretary, or the Secretary's delegate;
· You must obey all lawful instructions from and directions of the Secretary, or the Secretary's delegate;
· Now, in addition, you must perform 100 hours of unpaid community work over a period of two years, as directed by the regional manager. I had initially said 200. I have now made it 100;
· I order that 25 hours of treatment and rehabilitation satisfactorily undertaken are to be counted as hours of unpaid community work, for the purposes of the unpaid community work condition and your lawyers can further explain that to you. If you fail to comply with this order, the Secretary to the Department of Justice, or their delegate, may give you a direction to perform additional hours of unpaid community work, in accordance with s 83AU of the Sentencing Act1991 (Vic);
· You must be under the supervision of a community corrections officer for a period of two years;
· You must undergo assessment and treatment, including testing for drug abuse or dependency as directed by the regional manager;
· You must participate in programs and/or courses that address factors relating to the offending as directed by the regional manager;
· You must reappear at court for a review of your compliance with the order as directed by the court, and you must attend for review on 16 February 2026 at 9.30 am at the Melbourne County Court.
57Now, is Mr Starr unmuted? I am going to ask him whether he consents to that order. Do you consent to that order, Mr Starr?
58OFFENDER: Yes, Your Honour.
59HIS HONOUR: All right, thank you for that indication. All right, well, I will sign the order here. Do you have a copy for me to sign? All right, well, look, I will sign that in chambers. Otherwise, are there any other matters that I need to deal with before adjourning?
60MR FISHER: No thank you, Your Honour.
61MR BACKWELL: No, Your Honour.
62HIS HONOUR: All right, thank you very much, gentlemen. Thank you for your assistance during the course of this matter. I think just adjourn sine die.
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