Director of Public Prosecutions v Tran

IN THE COUNTY COURT OF VICTORIA

Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION
CR-14-00885
CR-14-01736
CR-14-01994

DIRECTOR OF PUBLIC PROSECUTIONS

ANDREW TRAN
YANJUN YU
DANE GUTSELL

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JUDGE:	HIS HONOUR JUDGE MASON
WHERE HELD:	Melbourne
DATE OF HEARING:	29 October 2015
DATE OF SENTENCE:	5 February 2016
CASE MAY BE CITED AS:	DPP v Tran & Ors
MEDIUM NEUTRAL CITATION:	[2016] VCC 77

REASONS FOR SENTENCE
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Subject: Plea - sentencing

Catchwords: Trafficking in drug of dependence - commercial quantity - possessing drug of dependence - prohibited person possessing firearm - driving whilst disqualified - possessing cartridge ammunition without licence or permit
Legislation Cited: Drugs, Poisons and Controlled Substances Act 1981
Firearms Act 1996
Sentencing Act 1991
Cases Cited:

Sentence:TRAN:            5 years’ imprisonment, 40 months’ non-parole period
YU:                  4 years’ imprisonment, 32 months’ non-parole period
GUTSELL:    6 years’ imprisonment, 48 months’ non-parole period
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr D. Porceddu	Office of Public Prosecutions
For Accused Tran	Mr D. Cronin	Turnbull Lawyers
For Accused Yu	Mr M. Phillips	Victoria Legal Aid
For Accused Gutsell	Mr D. Care	James Dowsley & Associates

HIS HONOUR:

1Andrew Tran, Dane Gutsell and Yanjun Yu, you have each pleaded guilty to various drug charges and in your case, Mr Gutsell, weapons charges, which arose from the investigation commenced in August 2013 by the Caulfield Divisional Response Unit into the trafficking of methylamphetamine, cannabis, MDMA, cocaine and other drugs of dependence.
2The investigation revealed the identities of each of you and two others: Jason Yuen, who was sentenced by me in October 2014, and Milton Mok, who was sentenced by His Honour Judge Gucciardo, also in October 2014.
3With regard to your co-offenders who have already been sentenced by this court:
·     Milton Mok was born on 26 April 1990 and is now aged 25. He lived in Kew with his parents. Mr Mok is currently undergoing a sentence of 1 year and 11 months to be followed by a community correction order of 12 months for his offending. The community correction order will commence around August this year.
·     Jason Yuen was born on 15 January 1988 and is now aged 28. He lived in Wantirna South with his parents. Mr Yuen is undergoing a sentence of 4 years and 6 months with a non-parole period of 2 years and 8 months for his offending.
4The primary targets of this investigation were you, Mr Gutsell, and your wife, Ms Yu. The investigation revealed that Jason Yuen was the sole supplier of methylamphetamine to you both. Yuen also supplied cannabis and cocaine. Yuen sourced the methylamphetamine and cocaine from you, Andrew Tran. Milton Mok, who was introduced by Yuen to you, Mr Gutsell, was also identified as your and Ms Yu's supplier of cannabis and ketamine. Ms Yu's role including arranging sales, preparing and selling the drugs to customers who attended at your home.
5Between 24 October 2013 and 18 December 2013, investigators intercepted 9,871 evidentiary calls, short message service text messages, multimedia message services and internet products sent and received by Gutsell. These calls, messages and internet products are evidence of the drug trafficking of you Mr Gutsell, you Ms Yu, Yuen and Mok. In addition, the police utilised state surveillance operatives as well as a covert operative to purchase drugs of dependence from Mr Gutsell.
6I will now outline the circumstances of the offending of each of you separately.
7Dane Gutsell, you have pleaded guilty to three charges of trafficking in a drug of dependence - commercial quantity, namely methylamphetamine, MDMA and cannabis (Charges 1 to 3 on Indictment D13839980.1), four charges of trafficking in a drug of dependence, namely alprazolam, GHB, ketamine and cocaine (Charges 4 to 7), one charge of possessing a drug of dependence, namely testosterone (Charge 8) and four charges of being a prohibited person possessing a firearm (Charges 9 to 12).
-     Trafficking in a drug of dependence - commercial quantity carries a maximum penalty of 25 years' imprisonment.
-     Trafficking in a drug of dependence carries a maximum penalty of 15 years' imprisonment.
-     Possessing a drug of dependence for non-trafficking purposes carries a maximum penalty of 30 penalty units or 1 year’s imprisonment, or if for purposes of trafficking, 400 penalty units or 5 years' imprisonment.
-     Being a prohibited person possessing a firearm carries a maximum penalty for a first offence (which is the case here) of:
§ for Charge 9, 240 units or 4 years' imprisonment,
§ for Charge 10, 120 units or 2 years' imprisonment,
§ for Charge 11, 600 penalty units or 7 years' imprisonment, and
§ for Charge 12, 1800 penalty units or 14 years' imprisonment
with the different maximum penalties applying to the different types of weapons involved.

8You have also pleaded guilty to two transferred summary charges: driving whilst disqualified and possessing cartridge ammunition without licence or permit.
-Driving whilst disqualified carries a maximum penalty of, for a first offence, 30 penalty units or imprisonment for 4 months, and for a subsequent offence, 240 penalty units or imprisonment for 2 years.
-Possessing cartridge ammunition without licence or permit carries a maximum penalty of 40 penalty units.

9You were born on 23 May 1981, and at the time of the offending you were living in a unit in Glen Huntly with your wife and co-offender, Yanjun Yu, and your six-month-old son. You are aged 34 now and you were aged 32 when this offending occurred in 2013. You do have a criminal record about which I will go into more detail later.
10I will now do a short summary of your trafficking activities, Mr Gutsell, by drug of dependence.
11As to methylamphetamine (Charge 1):     Between 24 September 2013 and 18 December 2013 you trafficked in no less than a commercial quantity of methylamphetamine, namely 1026.5 grams. The trafficking involved the sales to a covert operative and other customers. A commercial quantity is defined as no less than 500 grams mixed.
12As to MDMA (Charge 2):      Between 24 October 2013 and 18 December 2013 you trafficked by selling MDMA pills totalling 675.8 grams, which was no less than a commercial quantity. A commercial quantity is defined as no less than 500 grams.
13As to Cannabis L (Charge 3):     Between 24 October 2013 and 18 December 2013 you trafficked by selling no less than 75.712 kilograms, which was no less than a commercial quantity. A commercial quantity is defined as no less than 25 kilograms.
14As to Alprazolam (Charge 4):      Between 27 October 2013 and 18 December 2013 you sold 500 pills, being ten bottles, each containing 50 pills - each pill weighing 2mg - total 1 gram per bottle.
15As to GHB (Charge 5):          Between 10 November 2013 and 11 November 2013 you sold no less than 30 grams of GHB to two people.
16As to ketamine (Charge 6):          Between 18 November 2013 and 18 December 2013 you sold 142.5 grams of ketamine.
17As to cocaine (Charge 7):            Between 12 December 2013 and 18 December 2013 you trafficked in no less than 28 grams of cocaine.
18The transactions are set out in chronological order in Appendix A to this sentence.
19On Thursday 24 October 2013 a telecommunications interception warrant was issued for your telephone services. Between 24 October 2013 and 22 November 2013 investigators monitored the telephone service number which was being utilised by you to conduct drug and firearm trafficking with the assistance of Ms Yu. You averaged approximately 400 calls and SMS messages each day, nearly all related to the trafficking of drugs and possession of firearms.
20On Wednesday, 18 December 2013 a covert operative confirmed via a series of short message service text messages with you by mobile telephone that he intended to purchase 168 grams (6 ounces) of methylamphetamine that evening for a proposed total of $54,000. You agreed on an approximate time of 9 pm that evening.
21You arranged the delivery of 112 grams (4 ounces) of methylamphetamine by Yuen to your unit at Booran Road, Glen Huntly. This delivery was also arranged for approximately 9 pm that evening as you did not have enough cash on hand to purchase 112 grams of methylamphetamine from Yuen, until you had sold the 112 grams, along with another 56 grams you already had at your unit, to the covert operative.
22On Wednesday 18 December 2013 members of the State Surveillance Unit were outside Jason Yuen's address in Wantirna South. At 7.59 pm members observed Yuen leave his address, driving his vehicle. Members of the State Surveillance Unit followed Yuen in his vehicle.
23At 8.16 pm Yuen arrived at your address, Andrew Tran, in Springvale. Yuen was at this address for only three minutes, picking up the 112 grams of methylamphetamine he was going to sell to Mr Gutsell. Tran and Yuen had arranged this purchase using the WeChat mobile phone application.
24Members of the State Surveillance Unit then followed Yuen in his vehicle to the Carnegie area where he waited until you were ready to receive the methylamphetamine from him. This was corroborated by interception of the telephone services of you, Mr Gutsell, and Mr Yuen.
25At approximately 9.37 pm Yuen arrived at the rear car park of your residence in Glen Huntly.   You met him in the rear car park. Immediately both Yuen and you were arrested by members of the Special Operations Group. Your wife, Ms Yu, walked from the unit carrying a baby shortly after your arrest and she was also arrested by investigators.
26At the time of his arrest Yuen had approximately four ounces of methylamphetamine (this has been subsequently confirmed as 110.7 grams) in a black Louis Vuitton satchel in his possession.
27Police took you to the Moorabbin Police Station where you were placed in a holding cell, awaiting completion of Drugs, Poisons and Controlled Substances Act and Firearms Act search warrants at your premises.

28Investigators searched and seized the following items belonging to you:
a)an Apple iPhone (linked to telecommunication service 0424 915 604)
b)two .22 calibre ammunition rounds
c)a Subaru car key associated with registration number WDO 975.

29Investigators seized and searched your vehicle, a 2003 silver Subaru Impreza, which was parked in the car park at the rear of the premises at Booran Road, Glen Huntly, and located the following items:
a)ten 12-gauge shotgun cartridges throughout the vehicle;
b)six .22 calibre ammunition rounds throughout the vehicle;
c)a ‘Bentleigh’ labelled pump action shotgun loaded with six 12-gauge shotgun cartridges with the safety latch off, located in a blanket under the driver's seat (represented by Charge 9);
d)a bag containing black plastic cable ties;
e)a black case with assorted deal bags and drug paraphernalia.

30Search warrants were executed at your residence in Glen Huntly on Wednesday, 18 December 2013. The items located at your premises are set out in Appendix B to this sentence.
31Between 9 December and 18 December 2013 investigators intercepted telephone calls which revealed that you and your wife, Ms Yu, were conducting a manufacturing process with your methylamphetamine. You and Ms Yu had been heating MSM with methylamphetamine and an alcohol-based substance in order to reform and crystallise it at a greater yield. This is corroborated by items located during the execution of the search warrants at your premises and, as I said, these items are set out in detail in Appendix B of this sentence.

32You were initially interviewed at Moorabbin Police Station before receiving medical treatment for suspected drug use. After this medical treatment you were considered unfit for interview.
33You were charged with drug trafficking and remanded in custody. You have been in custody since 18 December 2013.
34Between 24 September 2013 and 18 December 2013 you were seen driving a motor vehicle. During this period you were disqualified from driving. This constitutes transferred Summary Charge 14.
35At the time of your arrest you were subject to an indefinite family violence intervention order. You were therefore classified as a prohibited person under the Firearms Act 1996 in respect of the firearms found to be in your possession. This constitutes transferred Summary Charge 50.
36I now turn to your personal circumstances.
37As I noted earlier, you are now 34. You were aged 32 when this offending occurred in 2013 and you have a criminal record.
38Your criminal history commenced in New Zealand when, in December 2000 at the age of 19, you were convicted of drink-driving and fined and disqualified from driving for three months. Some six weeks later you received a similar sentence but with a higher fine and a longer disqualification period for a worse instance of drink driving.
39In the following year, 2002, you had four appearances in New Zealand District Courts for offences ranging from burglary and receiving property to breaching a detention order. You were variously fined and ordered to do community work.
40A year later you were convicted and fined for breach of a sentence for community work. Some six months later you were sentenced to 175 hours of community work for drink-driving offending, receiving stolen property, breaching a community work order and failing to answer bail. In August 2004 your breach of a community work order resulted in a prison sentence of three months.
41Your next court appearance was in the Melbourne Magistrates' Court in October 2012 where, for various driving offences, stalking and contravening a family violence intervention order, you were convicted, fined and disqualified from driving for a year.
42I note that there was subsequent offending for which you have already been dealt with and there are no outstanding matters.
43You were born in New Zealand and came to Australia in 2004. You have one sister who lives in Perth and is supportive of you. Your mother continues to live in New Zealand. Your father died when you were a child and you have no memory of him. Your mother was a teacher and never remarried. You have described an unremarkable and happy childhood.
44You completed the equivalent of VCE at school, did an apprenticeship and qualified as a chef. After working as a chef in New Zealand you came to Australia and worked here again in that capacity.
45You married your co-accused, Ms Yu, approximately three years ago and you currently have a two-and-a-half-year-old son who now resides with your mother in New Zealand.
46You are likely to be deported to New Zealand upon your release from prison, as will Ms Yu be to China. A source of anxiety for you is how you will reunite with each other and also with your child.
47You have had a longstanding addition to cannabis beginning at age 17, and in 2012 commenced using ice. By 2013 your drug use was costing around $500 per day and was affecting your work - you were terminated from your employment as a chef.
48Ms Yu was also addicted. You commenced selling in order to support your habit, the bulk of your financial returns, you say, financing your and Ms Yu's drug use. Apart from a sum of $6000 that was located at your home and two cars you possess, you apparently own no other property, and there is no other unexplained wealth indicating high profits. The breadth and scale, however, of your trafficking suggests that results and profits of the trafficking went beyond simply that of personal use.
49I now turn to you, Ms Yu.
50Yanjun Yu, you have pleaded guilty to three charges of trafficking in a drug of dependence - commercial quantity, namely methylamphetamine, MDMA and cannabis, and three charges of trafficking in a drug of dependence, namely GHB, ketamine and cocaine.
51Again, as I have already noted, the first offence carries a maximum penalty of 25 years' imprisonment and the second offence carries a maximum penalty of 15 years' imprisonment.
52You were born on 5 December 1982 and at the time of your offending lived in the unit in Booran Road, Glen Huntly with your husband, Dane Gutsell, and your six-month-old son. You are aged 33 now and you were aged 30 to 31 when this offending occurred in 2013.
53You are a Chinese national, currently residing in Australia on a student visa which expired on 30 August 2015. You have no criminal record. You have been in custody since your arrest on 18 December 2013.
54You and Gutsell were in a joint criminal enterprise with the intention to traffick in a significant quantity of drugs for profit. You were actively involved in preparing and selling drugs to customers who attended at your and
Mr Gutsell's unit in Glen Huntly. You were observed weighing out drugs, receiving payment and discussing the cost of drugs with Gutsell. Your role was one of active participation with a clear familiarity with the various drugs that you sold, and prices. During the investigation the police intercepted many calls between you and Gutsell which provide evidence of your knowledge of, participation in and familiarity with the trafficking in drugs of dependence. Examples of intercepted telephone calls were set out in the prosecution opening tendered on the plea.
55During some of the intercepted telephone calls Gutsell is heard instructing you on how to make “speed”. Examples of the actual numbered telephone calls, again, are set out in the prosecution opening on the plea. There are also calls where Gutsell is instructing you on bagging up quantities for sale, including vacuum-sealing quantities of drugs.
56The remaining calls between you and Gutsell are discussions about the quality of the drugs, the amount of cash on hand and the sale price of the drugs to your customers. On one occasion you and Gutsell discussed how you had lost money on a deal.
57On a couple of occasions you delivered some drugs to a customer and on other occasions you would leave the drugs outside your apartment for collection. However, a significant number of calls were to advise you that customers were on their way to collect or purchase drugs. It can be inferred from the calls that during the sale of drugs by you to your customers, your infant child was also present in the house.
58A broad summary of your trafficking activities by drug of dependence is as follows.
59As to methylamphetamine (Charge 1):            Between 24 September 2013 and 18 December 2013 Gutsell and you trafficked in no less than a commercial quantity of methylamphetamine, namely 1026.5 grams. The trafficking involved sales to a covert operative and other customers. A commercial quantity is defined as no less than 500 grams mixed.
60As to MDMA (Charge 2):      Between 24 October 2013 and 18 December 2013 you trafficked by selling MDMA pills totalling 670 grams, which was no less than a commercial quantity. A commercial quantity is defined as no less than 500 grams.
61As to Cannabis L (Charge 3):     Between 24 October 2013 and 18 December 2013 you trafficked by selling no less than 75.712 kilograms, which was no less than a commercial quantity. A commercial quantity is defined as no less than 25 kilograms.

62As to GHB (Charge 4): Between 10 November 2013 and 11 November 2013 you sold no less than 30 grams of GHB to two people.
63As to ketamine (Charge 5):          Between 18 November 2013 and 18 December 2013 you sold 142.5 grams of ketamine.
64As to cocaine (Charge 6):    Between 13 December 2013 and 18 December 2013 you trafficked in no less than 28 grams of cocaine.
65As I noted earlier, the transactions in chronological order are set out in Appendix A to this sentence, and on Thursday 24 October 2013 a telecommunications interception warrant was issued for your telephone services. Between 24 October 2013 and 22 November 2013 investigators monitored the telephone service number which was being utilised by Gutsell to conduct drug and firearm trafficking with your assistance.
66Between 9 December 2013 and 18 December 2013 investigators intercepted telephone calls which reveal, as I said before, that you and Gutsell were conducting a manufacturing process with methylamphetamine. I repeat that Gutsell and you had been heating MSM with methylamphetamine and an alcohol-based substance in order to reform and crystallise it at a greater yield. This is corroborated by exhibits located during the execution of a search warrant at your premises on 18 December 2013 (see Appendix B).
67You were arrested and interviewed at the Moorabbin Police Station in the presence of a Mandarin interpreter and you made a “no comment” interview. You were later charged with drug trafficking and remanded in custody. You also have been in custody since 18 December 2013.
68I now turn to your personal circumstances.
69You are now aged 33 and have no prior convictions.
70You are a Chinese national in Australia under a student visa. You are the only child of parents living in China and have described a stable family background.
71You are married to Mr Gutsell and have no other immediate family or relatives in Australia. You have a son aged two-and-a-half who lives in New Zealand with Mr Gutsell's mother. You are well educated, having completed school and studied at university for four years. You worked for approximately four years as a nurse at the Beijing Hospital in cancer and gynaecological departments.
72You arrived in Australia in 2009 on a student visa, studied English in 2010 and undertook further studies in nursing in 2012, transferring to RMIT, but you did not complete those studies.
73You met your husband in 2012 through mutual friends. He was the first person you dated here. You fell pregnant within nine months of your meeting and your son was born in July 2013. You suffered low mood and financial difficulty after his birth and it was in this context that you began using ice and GHB on a daily basis.
74In her report tendered on your plea Ms Carla Lechner, consultant psychologist, diagnosed you as having an adjustment disorder with clinical depression in the extreme range and a reluctance to seek medical support for fear of being moved in with mentally unwell inmates. Apparently you are not being medicated. You are anxious about the future, particularly with the difficulties that will occur with deportation and the ability to maintain your marriage and contact with your son. You are finding imprisonment more difficult than others in light of your lack of family supports and ongoing symptoms of depression. In Ms Lechner's opinion your depression is reactive, however, to your present circumstances. You stated to Ms Lechner that you had never used drugs until after the birth of your son, that you were introduced to ice through your husband Mr Gutsell and his friends, and quickly developed an addiction problem. You also told her that the drugs were all organised by Mr Gutsell, that he was the main instigator and organiser and that the drugs were sold to support your respective habits. You also express shame and regret for your behaviour.
75You have also written a letter to the court expressing your reflection on your behaviour, your deep regret and remorse. In particular, you very much miss being able to be with, and experience the development of, your young child.
76Whilst in remand you have been very active and conscientious in applying yourself to a multitude of courses designed to assist your rehabilitation.
77Whilst a longstanding addiction might be taken into account in some way in mitigation of drug offending, it does not excuse the conduct. Whilst I give some weight to the likelihood that your choice to engage in this conduct is reduced to some extent by your circumstances, it was a choice you made, you are not unintelligent and you would have been well aware of the consequences.
78I now turn to you, Mr Tran.
79Andrew Tran, you have pleaded guilty to one charge of trafficking in a drug of dependence - commercial quantity, namely methylamphetamine, being 945.9 grams, and one charge of trafficking in a drug of dependence, namely cocaine, being 90.6 grams.
80As I noted earlier, trafficking in a drug of dependence - commercial quantity, carries a maximum penalty of 25 years' imprisonment, and trafficking in a drug of dependence carries a maximum penalty of 15 years' imprisonment.
81You were born on 22 July 1987 and you live in a unit in Springvale with your mother and stepfather. You are aged 28 now and you were aged 26 when this offending occurred in 2013.
82You have no criminal record.
83You were the primary supplier of methylamphetamine and cocaine to Yuen and Mok, who on-sold to Gutsell and Ms Yu.
84A basic summary of your drug trafficking activity is set out below.
85As to Charge 1, methylamphetamine:         Between 3 November 2013 and 18 December 2013 you trafficked in no less than a commercial quantity of methylamphetamine, namely 945.9 grams. All of the sales of methylamphetamine from you to Yuen were discussed using the phone-based service WeChat. When discussing methylamphetamine and quantities, you and Yuen always used coded language and were very guarded in your communications.
86On Sunday, 3 November 2013 you and Yuen were in contact with one another via the WeChat site. During the conversation Yuen organised to purchase one ounce of methylamphetamine from you. This transaction took place some time before 9 pm. At 9.04 pm Yuen attended at Booran Road, Glen Huntly, where he sold Ms Yu one ounce of methylamphetamine for an estimated price of $8300. Gutsell was not home at the time as he was picking up cannabis from Mok. Gutsell instructed Yuen to knock on the door and deal with Ms Yu, where the transaction was completed.
87On 4 November 2013 Yuen and you were in contact with each other via the WeChat site. During the discussions Yuen placed an order for four ounces of methylamphetamine in that Yuen says, "Same as last one I got". There was further discussion about various amounts and details concerning the collection of the methylamphetamine. The transactions occurred on 6 November 2013. Later that day at 4.29 pm Yuen sold three ounces of methylamphetamine to Gutsell. The exchange occurred at Wantirna South.
88On 7 November 2013 you and Yuen had a discussion with each other via the WeChat site. During this discussion you organised to sell to Yuen two ounces of methylamphetamine. At 9.15 pm at an undisclosed location you met with Yuen and supplied him with two ounces of methylamphetamine.
89At about 4.27 on 7 November 2013 Yuen and you were in contact with one another wherein you agreed to sell to Yuen four ounces of methylamphetamine. You organised to meet at The Glen Shopping Centre. Also on that day Yuen was in contact with Gutsell and arranged to meet him at The Glen Shopping Centre in order to supply him with four ounces of methylamphetamine that he, that is Yuen, had organised to purchase from you. Yuen and Gutsell organised to meet at The Glen Shopping Centre around 7 pm.
90On 15 November 2013 Yuen and you were in contact with one another via WeChat again. During this conversation you organised to sell to Yuen four ounces of methylamphetamine. At about 10 pm at Springvale you met with Yuen and supplied him with four ounces of methylamphetamine.
91On 19 November 2013 you agreed to sell to Yuen five ounces of methylamphetamine. This arrangement between you and Yuen was made via WeChat again.
92On 27 November 2013 you agreed to sell to Yuen two ounces of methylamphetamine. You told Yuen that you had 1¾ ounces of the new product and you would make up the remainder by using a quarter of an ounce of the old methylamphetamine.
93During the same day Yuen was in contact with Gutsell and made arrangements to sell Gutsell one ounce of methylamphetamine. At approximately 8.40 pm Yuen met Gutsell at The Glen Shopping Centre in Glen Waverley where he sold Gutsell one ounce of methylamphetamine which Yuen had sourced from you.
94On Tuesday 10 December 2013 at 6.31 pm members of the State Surveillance Unit observed Yuen driving his motor vehicle from his residential address to a public car park between Bogong Avenue and Glendale Street in Glen Waverley. At this location Yuen met with you. You had exited your motor vehicle and entered the front passenger seat of Yuen's motor vehicle. You sold Yuen four ounces of methylamphetamine for between $7100 and $7600 an ounce, the total price being between $28,400 and $30,400. Two minutes later you exited Yuen's car and left the area in your own motor vehicle.
95At 6.45 pm members of the State Surveillance Unit observed Yuen park his motor vehicle in a council car park in Kingsway, Glen Waverley. At that location they further observed Yuen meet with Gutsell, who was waiting in his vehicle. Gutsell then got into the front passenger seat of Yuen's motor vehicle and left four minutes later carrying a pink and white carry-bag. Yuen sold Gutsell four ounces of methylamphetamine for $8100 per ounce. Gutsell then returned home to sell to a covert operative.
96At 7.15 pm the covert operative attended at Booran Road, Glen Huntly. Gutsell had just returned from meeting with Yuen. Ms Yu was present when the covert operative purchased 56 grams of methylamphetamine of
70% purity. This was purchased for $17,500.
97As to Charge 2, traffick cocaine:         In early December 2013 you contacted a Richard Huynh via the WhatsApp message service. You and Huynh were known to each other. Huynh organised to purchase three ounces of cocaine from you for $8300 an ounce. On or about 11 December 2013 Huynh met with you outside his house. You handed him a Glad snaplock bag containing about three ounces of cocaine on credit. Huynh agreed to pay you $24,900 for the three ounces. Huynh on-sold the cocaine to a third person and made a profit of $600. Huynh then paid you the $24,900.
98On 15 December 2013 you and Yuen had a discussion again. During that conversation Yuen reminded you that you had supplied two ounces to him on the previous day, being 14 December 2013.
99On Wednesday, 18 December 2013 members of the State Surveillance Unit were outside Jason Yuen's address in Wantirna South. At 7.59 pm members observed Yuen leave his address, driving his vehicle. Members of the State Surveillance Unit followed Yuen in that vehicle.
100At 8.16 pm Yuen arrived at your address in Springvale. Yuen was there for only three minutes, picking up the 112 grams of methylamphetamine that he was going to sell to Gutsell. You and Yuen had arranged this purchase on the WeChat message service.
101Members of the State Surveillance Unit then followed Yuen in his vehicle to the Carnegie area, where he waited until Gutsell was ready to receive the methylamphetamine from him. This was corroborated by interception of the telephone services of Gutsell and Yuen.
102At approximately 9.37 pm Yuen arrived at the rear car park of Gutsell and Ms Yu's residence in Glen Huntly. Gutsell met Yuen at the rear car park and immediately both Yuen and Gutsell were arrested by members of the Special Operations Group. Yanjun Yu walked from the unit carrying her baby shortly after the arrest of Gutsell and Yuen and was in turn arrested by investigators.
103Later that evening, at about 10 pm, a search warrant was executed at your house in Springvale. Your mother and stepfather were present. A short time later you returned home and were arrested by police.
104Located in the heating duct in the floor of your bedroom were the following items:
·two black leather zip pouches containing $40,150 in cash,
·49.9 grams of methylamphetamine (constituting part of Charge 1), and
·6.5 grams of cocaine (constituting part of Charge 2).

105Of the $40,150 found by police, it was established that $1,100 had been paid by the covert operative to Gutsell on two separate occasions.
106You were later interviewed and made a “no comment” record of interview. You were in custody from the date of your arrest and were bailed on 17 September 2014, some 44 months after the committal proceedings. You have complied with daily reporting conditions.
107I now turn to your personal circumstances.
108You are now aged 28 and you have no prior criminal history.
109Your parents separated when you were five and you continued living with your mother. Your father was a violent alcoholic. Your mother re-partnered when you were nine. You describe your mother as hard working and caring. She worked two jobs and through application has managed to hold now a significant equity in her home. You continue to live in the family home and have maintained employment over the past 12 months.
110You were educated to completion of VCE and enrolled in a course in Information Technology at RMIT for one year. Otherwise you worked at fruit picking and in restaurants in casual employment. Before you were bailed after this offending you had not completed any significant long term periods of employment.
111You described feelings of loneliness and isolation during your childhood years and were bullied at school because of your weight. Your social interaction increased after you began to take drugs. You found that you lost weight and felt connected to others. You had several romantic breakdowns which aggravated depressive symptoms and your drug use escalated after each relationship breakdown.
112You commenced using cannabis at 15 through until 22, used ecstasy on a weekly basis at age 19 and began using amphetamine and methyl-amphetamine at the age of 22. You escalated to using methylamphetamine daily and began using Xanax and Cocaine also from the age of 22. You experienced withdrawals whilst incarcerated on remand.
113According to Dr Cunningham, forensic psychologist, you suffer from anxiety related to these current proceedings in the context of some history of depression following relationship breakdowns. Dr Cunningham opines that you present with a persistent depressive disorder. I note that Dr Cunningham also assesses you as of average cognitive functioning and that there is no indication of mental impairment.
114I also note that in 2010 you were hospitalised in Dandenong Hospital with what appears to have been a drug-induced psychosis brought about because of depression caused by a sudden relationship break-up. You were placed on anti-psychotic medication to stabilise. According to your GP, Dr Nguyen, you were at that time a patient of his surgery with psychological conditions.
115As to the sentencing of each of you, although the drug trafficking by you,
Mr Gutsell, and by you, Ms Yu, was contained within a three-month period, it was sustained, regular and involved significant quantities, occasions and varieties of drugs. In your case, Mr Tran, it was contained within an approximately seven-week period and involved multiple occasions.
116The offending by each of you is serious and that seriousness is reflected in part by the penalties imposed by Parliament. Many lives in our community are ruined by the pernicious effects of drugs of dependence, both directly by their ingestion and by the consequent crimes, often violent, committed by users in order to finance their addictions or simply because of the mind-altering effects of the drug. The citizens of Victoria pay a very heavy price for the acts of those who choose to enrich themselves by peddling these substances.
117The investigation and processing of these crimes encompasses significant public resources and great danger to police operatives who work undercover to expose the operations.
118Principles of general deterrence, that is, to make an example of your punishment as a deterrent to others who might be minded to similarly offend, specific deterrence to you, punishment, denunciation and the protection of the public remain of significant emphasis in balancing the sentencing discretion.
119I accept that in each case significant concurrency should apply between the respective charges, reflecting the separate but largely concurrent course of conduct.
120I am satisfied that given the circumstances, the objective seriousness of the offending in each case, is such that the purpose for which the sentence is imposed cannot be achieved by a sentence that does not involve a term of imprisonment.
121There is another consideration I need to note in your cases, Mr Gutsell and Ms Yu: you are each liable to be sentenced as a serious drug offender on Charges 2 and 3 on your respective indictments.
122I note that under the serious offender provisions of the Sentencing Act 1991, on your conviction and sentence to a term of imprisonment on one drug offence charge (and each of Charges 1, 2 and 3 is a drug offence charge), I am require on the drug offences charges thereafter to regard the protection of the community from you as the principal purpose for which the sentence is imposed. If necessary, in order to achieve the purpose of protecting the community I am empowered by s.6D of the Sentencing Act to impose a sentence greater than is proportionate to the gravity of the offence.
123This means that the sentencing task in respect of Charges 2 and 3 on each of your indictments is to be undertaken on the basis that the protection of the community from you is the principal purpose for which the sentences are imposed, and to achieve that purpose sentences may be imposed longer than that which is proportionate to the gravity of the offences considered in the light of the objective circumstances. However, because the circumstances and mitigating factors in your respective cases, I do not propose to do so.
124Section 6E of the Sentencing Act also requires that unless I otherwise direct with respect to Charges 2 and 3, the sentences I impose are to be served cumulatively. Allowing for the matters I have already outlined, in my view it is not appropriate to impose cumulation other than that which I have ordered.
125I note here that the Crown did not call for a disproportionate sentence as contemplated by s.6D of the Sentencing Act.
126Consideration of parity with other offenders applies. There are comparable aspects of your circumstances, Mr Tran, with those of Yuen, such as the plea of guilty, the fact of no prior convictions, similar age and my assessment of good prospects of rehabilitation. However, whilst Yuen committed a further offence of trafficking cannabis and you did not, you trafficked three times the quantity of cocaine as did he. Furthermore, you were his supplier and further up the hierarchy of offenders.

127Mr Gutsell and Ms Yu were further down the hierarchy and operating over a wide variety of illicit substances.
128Mr Gutsell has further charges, including serious firearm offences and prior convictions. Ms Yu has no prior convictions, faces fewer charges than
Mr Gutsell, is a citizen from another culture with no family or support in this country. Furthermore she is a mother who has lost the care of her young child.
129I now proceed to sentence each of you separately.
130Mr Tran, would you now please stand.
131You, Mr Tran, were the principal supplier and the head of this hierarchy. You clearly had access, in particular, to large quantities of methylamphetamine. You sold to Yuen who on-sold to Gutsell and Ms Yu. I accept that you were a drug user yourself and were perhaps psychologically vulnerable, but your participation went way beyond personal supply and entered the realm of serious commercial profiteering. You are well educated and sufficiently intelligent to understand the risks of commercial trafficking, the damage it does to the community and the consequences for you if discovered.
132In mitigation I accept:
·     Your plea of guilty and the relatively early stage at which it was made. I accept that there were forensic reasons for appropriately testing matters at committal proceedings.
·     Your attendance at and achievements with rehabilitative programs
·     The fact that you have no relevant prior matters or any subsequent charges pending
·     Your strong family and friendship support
·     Your prospects of rehabilitation, which I accept are good
·     Your remorse and reflections shown in your letter to the court, and also in the character references that were tendered.
133I also accept that you have a history of depressive illness following incidents prior to this offending involving bullying at school and relationship breakdowns. I accept that it is likely that your serious drug use became regular and likely began in early years as a form of self-medication. I accept that you remain disadvantaged because of your vulnerability to periods of depression. However, I note that despite Dr Cunningham's assessment there is no evidence of you receiving any medication or treatment for your mental health, and the character reports tendered suggest you are coping well, engaging with your friends and working and participating in community activity. I do not accept that the evidence establishes that you suffer from a condition that will mean that a given sentence would weigh more heavily on you than it would on a person in normal health, nor that there is a serious risk that imprisonment would have a significant adverse effect on your mental health.
134On Charge 1 of trafficking in a drug of dependence - commercial quantity, you are convicted and sentenced to four years and six months' imprisonment.
135On Charge 2 of trafficking in a drug of dependence, you are convicted and sentenced to two years' imprisonment.
136Charge 1 is the base sentence.
137I direct that six months of the sentence imposed on Charge 2 be served cumulatively on the sentence imposed on Charge 1.
138The total effective sentence is five years' imprisonment.
139I direct that you serve a minimum of three years and four months' imprisonment before being eligible for parole.
140Pursuant to s.18(4) of the Sentencing Act I declare that the period of 373 days not including today be reckoned as time already served under the sentence and I direct that the fact of this declaration and its details be noted in the records of the court.
141For the purpose of s.6AAA, the Sentencing Act, but for your plea of guilty the sentence that would have been imposed is a term of imprisonment of six years and eight months with a non-parole period of five years.

142At the plea hearing the Crown sought a forfeiture order to which you have consented and I have made that order today.
143Are there any other matters with respect to Mr Tran from either counsel?
144MR PORCEDDU: I understand there is a disposal order as well, Your Honour, and that is in relation to - - -
145HIS HONOUR: You may be seated, Mr Tran.
146MR PORCEDDU: A disposal order in relation to the 49.9 grams of methylamphetamine, 6.5 grams of cocaine and one Eclipse mint tin.
147HIS HONOUR: I will just check that.
148MR PORCEDDU: Yes, Your Honour.
149HIS HONOUR: All right. The Crown also sought disposal of various items to which you have consented. I have made that order also today.
150COUNSEL: As Your Honour pleases.
151HIS HONOUR: Mr Gutsell, could you please now stand?
152You regularly sought supply and with the assistance of your wife, Ms Yu, arranged the distribution of a wide variety of illicit drugs for on-sale at a street level. The trafficking was practically on a daily basis and involved many sales. You have prior convictions for earlier offences of dishonesty, including several burglaries, and I note that in the past you have served a period of imprisonment.
153The possession by you of multiple firearms is an aggravating factor. At the time of your arrest you had in your possession a loaded 12-gauge pump action shotgun in your car with the safety switch turned off. You are not to be punished twice for this offence but it does remain a matter of aggravation.
154In mitigation, I accept:
·     Your plea of guilty and the relatively early stage at which it was made. I accept that there were forensic reasons to appropriately test at committal proceedings.
·     The fact that your previous offending did not involve serious drug or violence offences (I note the circumstances of the breach of the intervention order) also the years that have passed since the earlier offending in New Zealand.
·     Your longstanding history of drug use.
·     The anguish that you now face with the strong probability of the future fragmentation of your family
·     Your previous good work record and the potential you have to obtain and maintain employment upon your release from prison
·     The effort you have made to undertake and complete many rehabilitative programs whilst in prison, together with evidence of negative samples for drugs and the compassionate engagement you have undertaken as a mentor to prisoners with cognitive impairment whilst in custody. I take that as evidence of remorse and reasonable prospects of rehabilitation should you set your mind to it.
155On each of Charges 1, 2 and 3 of trafficking in a drug of dependence - commercial quantity, you are convicted and sentenced to four years' imprisonment.
156On each of Charges 4, 5, 6 and 7 of trafficking in a drug of dependence, you are convicted and sentenced to two years' imprisonment.
157On Charge 8 of possession of a drug of dependence, you are convicted and sentenced to one month’s imprisonment.

158On Charge 9 of being a prohibited person possessing a firearm, you are convicted and sentenced to one year's imprisonment.
159On Charge 10 of being a prohibited person possessing a firearm, you are convicted and sentenced to five months' imprisonment.
160On Charge 11 of being a prohibited person possessing a firearm, you are convicted and sentenced to six months' imprisonment.
161On Charge 12 of being a prohibited person possessing a firearm you are convicted and sentenced to four months' imprisonment.
162On transferred summary Charge 14 of driving whilst disqualified you are convicted and sentenced to one month's imprisonment.
163On transferred summary Charge 50 of possessing cartridge ammunition without a licence or permit, you are convicted and fined $500.
164Charge 1 is the base sentence.
165I direct that six months of each of the sentences imposed on charges 2 and 3, two months of each of the sentences imposed on Charges 4, 5, 6 and 7, three months of the sentence imposed on Charge 9 and one month of the sentence imposed on Charge 11 be served cumulatively on the sentence imposed on Charge 1 and upon each other.
166The total effective sentence is six years' imprisonment.
167I direct that you serve a minimum of four years' imprisonment before being eligible for parole.
168Pursuant to s.18(4) of the Sentencing Act 1991 I declare that the period of
779 days not including today be reckoned as time already served under this sentence and I direct that the fact of this declaration and its details be noted in the records of the court.
169For the purposes of s.6AAA of the Sentencing Act, but for your plea of guilty, the sentence that would have been imposed is a term of imprisonment of eight years with a non-parole period of six years.
170At the plea hearing the Crown sought an order for the taking of a forensic sample and I have made that order today for the reasons noted on the order, namely, the seriousness of the offending warrants the making of the order, your prior convictions warrant the making of the order, the order is not opposed and the making of the order is in the public interest.
171I must inform you that if at the time of the request you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force then the sample to be taken will be a blood sample and the police may use reasonable force to enable that forensic procedure to be completed. Do you understand that, Mr Gutsell?
172ACCUSED GUTSELL: Yes, Your Honour.
173HIS HONOUR: At the plea hearing the Crown also sought orders for the forfeiture and disposal of various items, to which you have consented and I have also made those orders today. Are there any other matters, counsel, with respect to Mr Gutsell?
174MR PORCEDDU: There should be a separate disposal order for the firearms, Your Honour.
175HIS HONOUR: There is now being - it has been ordered and I have signed that order today for the disposal of firearms.
176MR PORCEDDU: Thank you.
177HIS HONOUR: Mr Gutsell, you may be seated, thank you.
178Ms Yu, would you please now stand?
179In mitigation, Ms Yu, I have taken into account the submissions of your counsel and I accept:
·     Your plea of guilty and the time it was made,
·     Your lack of any prior convictions,
·     Your expressions of remorse,
·     Your good prospects of rehabilitation.
·     That your time in custody will, to a certain extent, be more onerous for you than others due to your more limited knowledge of the English language, your isolation without family, your reactive depressed state and the separation you have from your child. I note that you do not take any medication and the reason you gave is for fear of being moved in with mentally unwell inmates.
180I do note that you have applied yourself to many and varied different courses in the time of your custody and you seem quite capable and competent to manage that sort of application. I do accept that with your limited English, your isolation in this country, your lack of any prior offending, your good history of hard work and academic achievement, it is reasonably likely that you did come under the influence of Mr Gutsell and his friends with drug use and that this brought about your descent into addiction.
181I am, however, satisfied beyond reasonable doubt that the evidence discloses that you had a highly active and regular part in the trafficking business operated from your home. Whilst Mr Gutsell may have taken and made the various calls arranging the supply of drugs, you were an active and willing participant in the operation beyond simply being a vehicle for sale. You took part in discussions concerning the business, interacted with clients and negotiated and prepared drugs prior to sale. Whilst the sales from the business no doubt supported your addiction, in my view, the scale and regularity of the trafficking was such as to go well beyond accepting that this was simply being undertaken to that end. This was a commercial enterprise of significant scale.
182On each of Charges 1, 2 and 3 of trafficking in a drug of dependence - commercial quantity, you are convicted and sentenced to three years' imprisonment.
183On each of Charges 4, 5 and 6 of trafficking in a drug of dependence, you are convicted and sentenced to two years' imprisonment.
184Charge 1 is the base sentence.
185I direct that three months of each of the sentences imposed on Charges 2 and 3 and two months of each of the sentences imposed on Charges 4, 5 and 6, be served cumulatively on the sentence on Charge 1 and on each other.
186The total effective sentence is four years' imprisonment.
187I direct that you serve a minimum of two years and eight months' imprisonment before being eligible for parole.
188Pursuant to s.18(4) of the Sentencing Act 1991 I declare that the period of
779 days, not including today, be reckoned as time already served under this sentence and I direct that the fact of this declaration and its details be noted in the records of the court.
189For the purposes of s.6AAA of the Sentencing Act 1991, but for your plea of guilty, the sentence that would have been imposed is a term of imprisonment of five years and four months with a non-parole period of four years.
190At the plea hearing the Crown sought an order for the taking of a forensic sample. I have made that order today for the reasons noted on the order, namely, the seriousness of the offending warrants the making of the order, the order is by consent and the making of the order is in the public interest.
191Again, I must inform you that if at the time of the request you do not consent to the taking of a mouth scraping under the supervision of an authorised member of the police force, then the sample to be taken will be a blood sample and police may use reasonable force to enable that forensic procedure to be conducted. Do you understand that, Ms Yu?
192ACCUSED YU: Yes.
193HIS HONOUR: Thank you. At the plea hearing the Crown also sought orders for the forfeiture and disposal of various items to which you have consented and I have made those orders also today.
194Is there anything further, counsel? Any other matters in respect to Ms Yu?
195COUNSEL: No, Your Honour.
196HIS HONOUR: All right. Unless there is anything further, that concludes these proceedings, Mr Porceddu.
197COUNSEL: As Your Honour pleases.
- - -

APPENDIX A: GUTSELL and YU Transactions in chronological order

24 September 2013 – 1 gram of methylamphetamine (TR1) and 20 pills of MDMA (TR57)

On Tuesday the 24^th of September, 2013, CO279 contacted GUTSELL by mobile phone and arranged to purchase a quantity of drugs from him.

At about 3.50pm CO279 attended GUTSELL’s unit in Glen Huntly. Shortly after arriving at the unit CO 279 asked GUTSELL about purchasing drugs. GUTSELL told CO279 that he had plenty of cannabis, ‘plenty of shards’ (methylamphetamine). Whilst at the unit, CO279 noticed Ms YU at the kitchen table where the transaction ultimately occurred. CO 279 purchased:

·      1 x gram of methyl-amphetamine of 80% purity for $470; and
·      10 x brown coloured Ecstasy pills with wheelchair stamp; ($360 for the tablets)
·      10 x mauve coloured Ecstasy pills with star stamp of 12% MDMA

26 September 2013 – 3.5 grams of methylamphetamine (TR2)

On Thursday the 26^th of September, 2013, CO279 contacted GUTSELL by mobile phone and arranged to purchase 3.5 grams of Methyl-amphetamine from him. GUTSELL stated that he would not be there when CO279 arrived, but that his wife would sell to him on his behalf.

At about 2.37pm CO279 attended at GUTSELL’s home in Glen Huntly. Upon attending at the unit he was greeted by Ms YU who introduced herself as ‘Jill’. CO279 stated that he wanted to purchase an ‘8 ball’ (3.5 grams). Ms YU told CO279 that it would cost $1,400. CO 279 then handed $1,400 in cash to Ms YU and in return Ms YU handed CO279 a medium sized ‘Glad’ bag containing a clear rock substance. At about 2.40pm CO 279 left the unit.

2 October 2013 – 3.5 grams of methylamphetamine (TR3)

On Wednesday the 2^nd of October, 2013, CO279 contacted GUTSELL by mobile phone and arranged to purchase 3.5 grams of methylamphetamine from him.

At about 10.39am CO279 attended at GUTSELL’s home in Glen Huntly and was greeted by him. GUTSELL produced a large snap lock bag containing a clear substance and confirmed with CO279 that he wanted 3.5 grams. CO279 confirmed the order for 3.5 grams. GUTSELL measured out the methylamphetamine which he then placed in a medium sized snap lock bag. He then handed the snap lock bag to CO279. CO279 then paid GUTSELL $1,400 and left the unit at about 10.43am.

Ms YU was present at the unit and assisted GUTSELL to retrieve the drugs to sell to CO279.

8 October 2013 – 3.5 grams of methylamphetamine (TR4)

On Tuesday the 8^th of October, 2013, at about 10.06am CO279 contacted GUTSELL by phone and arranged to purchase 3.5 grams of methylamphetamine from him.

At about 10.16am CO279 attended at GUTSELL’s home in Glen Huntly. Upon arriving he was greeted by GUTSELL. On entering the kitchen CO279 noticed a dark green shoulder bag and numerous plastic bags of dried Cannabis on the kitchen table. CO279 had a conversation with GUTSELL in respect to the price for 14 grams and was quoted $5000 and $9,200 for 28 grams of methylamphetamine.

GUTSELL then opened a zip on the rear shoulder bag that was on the kitchen table and pulled out a large zip lock bag containing a clear crystallized substance. He then proceeded to take out the clear substance and weighed out 3.5 grams and then placed the substance in a medium sized snap lock bag. CO279 paid $1,350 cash for the 3.5 grams of methylamphetamine.

There was further discussion about prices and GUTSELL wrote down the cost, namely $2,700 for 7 grams, between $4,600 and $5000 for 14 grams and between $8,800 and $9,200 for 28 grams.

GUTSELL then proceeded to offer for sale steroids. He pulled out various bags of powders and also produced a spice tray which had silver foil packages which he stated contained ‘Sustanon’. He handed to CO279 a plastic bag which contained pink coloured tablets which he described as ‘Dynabol’.

16 October 2013 – 3.5 grams of methylamphetamine (TR5)

On Wednesday the 16^th of October, 2013, CO279 contacted GUTSELL by mobile phone and arranged to purchase 3.5 grams of methylamphetamine from him. At about 2.15pm CO279 received text messages from GUTSELL advising CO279 that he wasn’t home but that it would be OK if he just knocked on the door because GUTSELL’s wife was home. At about 2.26pm CO279 attended at GUTSELL’s Glen Huntly address. Ms YU answered the door

Upon entering Ms YU and CO279 walked into the kitchen and Ms YU clarified with CO279 that he wanted 3.5 grams of methylamphetamine. Ms YU stated that it would cost $1,400. Ms YU then handed CO279 a medium sized “glad’ bag which contained a clear crystallized substance.

At about 2.40pm CO279 left the unit.

24 October 2013 –42 grams of MDMA (TR51) and 5 pounds of Cannabis (TR22)

On 24 October 2013 GUTSELL is in communication with BRAIM. The intercepted telephone calls confirm that GUTSELL ordered 42 grams of MDMA which was delivered to his house by BRAIM.

On the same day, the intercepted telephone calls reveal that GUTSELL purchased from MELICH 5 pounds of Cannabis.

25 October 2013 – 3.5 grams of methylamphetamine (TR6) and 10 pounds of Cannabis (TR23)

On Friday the 25^th of October 2013, CO279 contacted GUTSELL by mobile phone and arranged to purchase 3.5 grams of methyl-amphetamine from him.

At about 12.26pm CO279 attended at GUTSELL’s home in Glen Huntly and was greeted by Ms YU. Ms YU and CO279 walked into the kitchen area wherein CO279 told Ms YU that he wanted 3.5 grams of methylamphetamine. Ms YU took a white container from the kitchen table and screwed off the lid. Ms YU then placed the lid on a set of scales on the kitchen table and proceeded to measure out a clear crystallised substance from the container onto the lid.

CO279 then handed Ms YU cash totalling $1,400 and Ms YU handed the medium-sized snap lock bag which contained the clear crystallized substance.

On the same day, the intercepted telephone calls reveal that GUTSELL purchased from MELICH 10 pounds of Cannabis.

26 October 2013 – 2 pounds of Cannabis (TR24)

On 26 October 2013 the intercepted telephone calls reveal that GUTSELL purchased from MELICH 2 pounds of Cannabis.

27 October 2013 – 8 pounds of Cannabis (TR25) and 500 pills of Alprazolam (TR69)

On 27 October 2013 the intercepted telephone calls reveal GUTSELL purchased 8 pounds of Cannabis from MELICH.

On the same day GUTSELL purchased 500 pills of Alprazolam from JURCAN.

29 October 2013 – 56 grams of methylamphetamine (TR7 &8))

On Tuesday the 29th of October, 2013 at about 3.28pm, CO279 contacted GUTSELL by mobile phone and arranged to purchase 28 grams of methylamphetamine from him.

At about 7.25pm CO279 received a text message from GUTSELL advising that he could fill the order but that it is not good quality. CO279 said that he would wait. At about 9.06pm GUTSELL sent a text message to CO 279 advising that he was waiting for his supplier to drop off some methylamphetamine.

At 10.14pm YUEN met with GUTSELL in the vicinity of the Caulfield Racecourse Tabaret where he supplied GUTSELL with 56 grams of methylamphetamine.

At 10.20pm GUTSELL sent a text message to say that he would be home in 5 minutes. At 10.52pm CO279 attended the Glen Huntly address where he was greeted by Ms YU. On entering the unit, CO 279 followed Ms YU into the kitchen area where CO 279 observed a snap lock bag containing a clear crystallized substance on the kitchen table. Also on the table was a clear plastic bag half full with dried Cannabis and a glass canister with a silver top filled with dried cannabis.

Ms YU handed to CO 279 a snap lock bag containing a clear crystallized substance which hand been on the table. In return, CO 279 handed Ms YU $9,000 on cash.

At about 10.57pm CO 279 left the unit.

30 October 13 – 28 grams of methylamphetamine (TR9) and 10 pounds of Cannabis (TR26)

On Wednesday the 30 October 2013, at 2.25 pm YUEN sent an SMS asking GUTSELL if he still wanted “4 today still”.

A series of text messages are then exchanged between YUEN and GUTSELL and then YUEN states that he is five minutes away from GUTSELL’s unit.

YUEN sent the SMS stating that he was “5 min” at 6.20 pm on 30 of October 2013. At approximately 6.29 pm members from the State Surveillance Unit observed YUEN park his motor vehicle on Booran Road, Glen Huntly and walk into the units located at GUTSELL’s address in Glen Huntly. At approximately 6.35 pm members from the SSU observed YUEN exit the units located at GUTSELL’s address in Glen Huntly and drive away in his motor vehicle.

On the same day GUTSELL purchased 10 pounds of Cannabis from MELICH.

31 October 2013 – 56 grams of MDMA (TR52)

During the intercepted telephone calls GUTSELL arranged the sale of 56 grams of MDMA to KIOURELLIS.

2 November 2013 - 3 pounds of Cannabis (TR27)

On 2 November 2013 at 3.52pm GUTSELL made contact with YUEN and asked him whether he had had any luck “with the green” being a reference to Cannabis. Seventeen minutes later (4.09pm) MOK sent GUTSELL an SMS stating that he had 3 pounds at “26” being a reference to $2600 per pound. GUTSELL immediately responded saying that he would “take them” being a reference to the 3 pounds. GUTSELL then asked “when and where”.

At 5:30pm, MOK attended at GUTSELL’s home and sold him and Ms YU 3 pounds of Cannabis for $2,600 per pound, totalling $7,800.

2 November 2013 - 18 pounds of Cannabis (TR28 & TR29)

A minute later at 5:31pm, GUTSELL contacted MOK and asked if there was any more Cannabis available. MOK responded and said that he would need to make some inquiries. At 5.32pm MOK sent an SMS to GUTSELL advising him that he could supply Cannabis but that it would be slightly more expensive at $2650 per pound.

At 7:45pm, MOK met GUTSELL at the Shell Service Station on Burke Road, Kew and sold him a further 8 pounds of Cannabis at $2,650 per pound, totalling $21,200. This meeting was captured on CCTV.

On the same day the intercepted telephone calls reveal that GUTSELL purchased 10 pounds of Cannabis from a person by the name of RAYPEN.

3 November 2013 - Request for 8 pounds of Cannabis but supplied 4 pounds (TR30)

A few hours after the meeting (10.52pm on 2.11.13) GUTSELL sent MOK an SMS seeking a further 8 pounds of Cannabis. Less than 10 minutes later (11.04pm) MOK responded by saying that he would need to make some inquiries.

The following day (3.11.13) at 6.28pm MOK spoke with GUTSELL and advised him that he could only get “4” being a reference to 4 pounds. GUTSELL agreed to purchase the 4 pounds. Later that evening at about 9.15pm MOK and GUTSELL met at the Shell Service Station on Burke Road where MOK sold 4 pounds of Cannabis to GUTSELL totalling $10,600. This meeting was captured on CCTV.

3 November 2013 – 28 grams of methylamphetamine (TR10)

On Sunday the 3^rd of November 2013 at 9:04pm, YUEN attended at 2/148 Booran Road, Glen Huntly where he sold YU one ounce of methyl-amphetamine for an estimated price of $8,300. GUTSELL wasn’t home at the time as he was picking up cannabis from MOK. GUTSELL instructed YUEN to knock on the door and deal with YU, where the transaction was completed.

6 November 2013 – 84 grams of methylamphetamine (TR11) and 7 pounds of Cannabis (TR31)

On Sunday, 3 of November 2013 at 9.56 pm YUEN initiates contact with GUTSELL in relation to purchasing Methylamphetamine and Cannabis.

After a series of text messages GUTSELL agrees to purchase three ounces (84 grams) of Methylamphetamine and five pounds of Cannabis from YUEN.

In relation to the sale of Methylamphetamine, the transaction took place on Wednesday, 6 November at approximately 4.29 pm at Wantirna South.

On the same day, the intercepted telephone calls reveal that GUTSELL purchased from RAYPEN 7 pounds of Cannabis.

7 November 13 – 10 pounds of Cannabis (TR32 & 33) and 112 grams of MDMA (TR53)

On Thursday 7^th November 2013, CO 279 contacted Gutsell by mobile number 0416 021 489 and arranged to purchase 28 grams of methylamphetamine from Gutsell. CO279 attended at 2/148 Booran Rd Glenhuntly and purchased from YU27.8 grams of methyl-amphetamine of 80% purity, for $9000.00.

Later that day at about 9:35pm, YUEN attended at GUTSELL and YU’s home address where he sold 5 pounds of Cannabis to YU for $2,700 per pound, total price of $21,600. YUEN’s arrival was witnessed by investigators from the Caulfield Divisional Response Unit. Shortly after this transaction GUTSELL informed YUEN that YU had paid for eight pounds of Cannabis and not five, and they arrange for a credit of $5,100.

On the same day GUTSELL sold to KIORELLIS 112 grams of MDMA.

On the same day, the intercepted telephone calls reveal that GUTSELL purchased 5 pounds of Cannabis from RAYPEN.

9 November 2013 – 112 grams of methylamphetamine (TR12)

On Saturday the 9^th of November 2013 at 6:44pm YUEN met GUTSELL at ‘The Glen’ Shopping Centre in Glen Waverley where he sold him 112 grams of methylamphetamine for $8,300 per ounce, total price of $33,200.

10 November 2013 – 10ml of GHB (TR67) and 5 pounds of Cannabis (TR34)

The intercepted telephone calls reveal that GUTSELL sold 10 ml of GHB to WISNIEWSKI and that he purchased 5 pounds of Cannabis from RAYPEN.

11 November 2013 - 13 pounds of Cannabis (TR35 & 36) and 20ml of GHB (TR68)

On Monday the 11^th of November 2013 at 11.12pm, MOK sent GUTSELL an SMS advising that he had Cannabis for sale. Within a minute GUTSELL responded (11.13pm) asking about the price, quality and availability. Seven minutes later (11.20pm) MOK responded and confirmed that he had 20 pounds available and that the quality was the same as the “one before”. MOK advised, however that it was more expensive being $2700 per pound.

Four minutes later (11.24pm) GUTSELL responded and requested “12” being a reference to 12 pounds. GUTSELL advised that he was heading off to the Crown Casino and that he had the cash with him alternatively MOK could deliver the Cannabis to his home where his wife could take delivery of the Cannabis and would also pay for it. Within a minute (11.25pm) MOK responded saying that he would deliver the Cannabis to GUTSELL’s home but that he needed GUTSELL to forward to him GUTSELL’s address. GUTSELL did so.

About 30 minutes later MOK attended and supplied YU (wife of GUTSELL) with 12 pounds of Cannabis at a cost of $32,400.

On the same day, the intercepted telephone calls reveal that GUTSELL purchased one pound of Cannabis from a person by the name of BURCKHARDT.

The Accused also sold 20ml of GHB to DESENSI on the same day.

14 November 2013 – 5 pounds of Cannabis (TR37)

On 14 November 2013 the intercepted telephone calls reveal that GUTSELL purchased from RAYPEN 5 pounds of Cannabis.

15 November 2013 – 10 pounds of Cannabis (TR38), 112 grams of methylamphetamine (TR13) and 1000 pills of MDMA (TR58)

On Friday the 15^th of November, 2013, at approximately 7:25pm, at an undisclosed location in Chadstone, YUEN met GUTSELL where he sold him 10 pounds of cannabis for $2,600 per pound and 112 grams of methylamphetamine for $8,200 per ounce (28grams), total price of $58,800. This sale was organised between the 10^th of November, 2013 and the 15^th of November, 2013.

During the same day, the intercepted telephone calls reveal that GUTSELL sold 1000 pills (290g) of MDMA to MAVROMMATIS.

18 November 2013 – 10 pounds of Cannabis (TR39 and 2.5 grams of Ketamine (TR61)

On Sunday the 17^th of November 2013 at approximately 3pm YUEN initiated contact with GUTSELL. They arranged for YUEN to sell GUTSELL cannabis and methylamphetamine on the 18^thand 19^th of November, 2013. They also spoke about the quality of the methylamphetamine YUEN had been selling GUTSELL.

63.On Monday the 18^th of November, 2013, at approximately 5:50pm, YUEN attended at the home address of GUTSELL and YU, where he sold YU 10 pounds of cannabis for $2,700 per pound, total price of $27,000.
64.On the same day (18.11.2013) the intercepted telephone calls reveal that GUTSELL purchased 2.5 grams of Ketamine from LESTRANGE.

19 November 2013 – 28 grams of methylamphetamine (TR13A

On 19 November 2013 CO 270 contacted GUTSELL and arranged to purchase 28 grams of methylamphetamine. CO279 attended at 2/148 Booran Rd Glenhuntly later that day and purchased 28 grams of methylamphetamine from YU. The methylamphetamine had a purity of 80% and cost $9000.

21 November 2013 - 8 pounds of Cannabis (TR40)

In the early hours on 21 November 2013 (3.13am) MOK sent GUTSELL an SMS asking whether he wanted “more” being a reference to Cannabis. GUTSELL responded that the higher price of the Cannabis was slowing things down. MOK replied asking whether he was interested in purchasing more Cannabis. GUTSELL asked how much was available and MOK said “40 max” being a reference to 40 pounds but that it was at a cost of $2800 per pound. GUTSELL then ordered “8” being a reference to 8 pounds.

At 8.12pm MOK delivered 8 pounds of Cannabis to GUTSELL at his home address at a cost of $22,400.

21 November 2013 - 3 pounds of Cannabis (TR41) & 28 grams (1 ounce) of Ketamine (TR62)

About one hour and ten minutes after making the delivery (9.23pm – 21.11.13) MOK sent GUTSELL an SMS advising that he still had “6” being a reference to 6 pounds. GUTSELL responded asking whether he could do a little bit better on the price. MOK responded by saying that he was only putting “50” on top. GUTSELL responded by saying that he needed to check to see how much cash he had at home. At 10.35pm GUTSELL sent an SMS to MOK advising him that he could take “3” if MOK was “stuck”.

MOK responded by saying that he would “swing past” in 40 minutes. However, less than 10 minutes later (10.47pm) MOK sent an SMS to GUTSELL asking whether he “does K” being a reference to Ketamine. MOK told GUTSELL that would sell the Ketamine to GUTSELL at “cost” given that GUTSELL had helped out MOK by agreeing to purchase the 3 pounds of Cannabis.

MOK said that it was his “mate” that was selling the ketamine. GUTSELL responded by asking him for a price (11.00pm). Three minutes later (11.03pm) MOK sent GUTSELL an SMS advising that the cost was $2550 per ounce and that there was a total of 3.5 ounces available. One minute later GUTSELL responded saying that he would “grab one” and that if it was good quality then GUTSELL would purchase the remainder. At about 11.29pm MOK attended GUTSELL’s home and supplied to YU 3 pounds of Cannabis and one ounce of Ketamine.

27 November 2013 – 28 grams (1 ounce) of methylamphetamine (TR14)

On Wednesday the 27^th of November 2013 at approximately 8:40pm, YUEN met GUTSELL at ‘The Glen’ shopping centre in Glen Waverley where he sold GUTSELL one ounce of methyl-amphetamine for $8,700.

29 November 2013 - 56 grams (2 ounces) of Ketamine (TR63) and 3 pounds of Cannabis (TR42)

On 28 November 2013 (1209am) MOK sent an SMS to GUTSELL advising GUTSELL that he still had 2.5 ounces of Ketamine at a cost of $2850 per ounce and $1450 for half an ounce. At 10.36am GUTSELL responded and advised MOK that he would “grab one” being a reference to one ounce of Ketamine. MOK responded by asking GUTSELL whether he was “able to grab them all” as MOK was required to return the remainder of the Ketamine to his supplier. In subsequent SMS’s GUTSELL agreed to purchase 2 ounces of Ketamine and 3 pounds of Cannabis.

On 29 November 2013 at 12.06am MOK delivered to GUTSELL 3 pounds of Cannabis and 2 ounces of Ketamine.

29 November 2013 - 6 pounds of Cannabis (TR43) and 100 pills of MDMA (TR59)

Later that afternoon at 3.55pmMOK sent an SMS to GUTSELL asking whether he required Cannabis. GUTSELL ordered a further 5 pounds. MOK responded by asking GUTSELL whether he was prepared to purchase “6” pounds otherwise MOK would be left with one pound. GUTSELL agreed to take 6 pounds and the two organised to meet one another which occurred at about 6.23pm.

On the same day, the intercepted telephone calls reveal that GUTSELL purchased 100 pills (29g) of MDMA from a person named REINSCH.

30 November 2013 – 84 grams of methylamphetamine (TR15)

YUEN met GUTSELL in the Vermont area where he sold him 3 ounces of methylamphetamine for an estimated price of $8,300 per ounce, total price of $24,900.

4 December 2013 - 4 pounds of Cannabis (TR46), 28 grams of Ketamine (TR64) and
100 pills of MDMA (TR60)

On 1 December 2013 at 5.39pm MOK sent an SMS to GUTSELL asking whether he needed any further Cannabis. GUTSELL responded that he may be in need of further Cannabis. The following day (2.12.13) at 2.12pm GUTSELL sent an SMS to MOK placing an order for “4 green” being a reference to 4 pounds. MOK responded that he could supply the 4 pounds but he asked GUTSELL whether he could wait until later that night. GUTSELL responded by saying that he could.

At 8.15pm GUTSELL sent an SMS to MOK asking him whether he had any more “k” being a reference to Ketamine. MOK responded by asking how much GUTSELL required and GUTSELL responded by saying “another bag” being a reference to one ounce.

The following day (3.12.13) at 6.39pm MOK sent an SMS to GUTSELL advising GUTSELL that he was waiting for his “mate” to let him know when the Ketamine was ready.

The following day (4.12.13) at about 6.29pm MOK supplied 4 pounds of Cannabis and one ounce of Ketamine to GUTSELL. The exchange took place at the Shell Service Station in Burke Road, Kew. This meeting as observed by members of the Sate Surveillance Unit who observed GUTSELL and MOK shake hands with one another followed by GUTSELL giving MOK a white package. This was followed by MOK retrieving and placing a black handled bag into the boot of GUTSELL’s car.

The 4 pounds of Cannabis was sold to GUTSELL for an estimated price of $2,700 per pound and an estimated price of $2,550 for one ounce of Ketamine. The estimated value of this transaction was $13,350.

The telephone calls also reveal that on 4 December GUTSELL purchased 100 pills of MDMA from a person named HERANGI.

5 December 2013 – 112 Grams of methylamphetamine (TR16)

Later, on Thursday the 5^th of December, 2013, at 9:57pm, YUEN attended at the home address of GUTSELL and YU where he sold GUTSELL 4 ounces of methylamphetamine for $8,400 an ounce, total price of $33,600. This sale had been arranged since the 2^nd of December, 2013.

5/6 December 2013 - 4 pounds of Cannabis (TR45); 28 grams of Ketamine (TR65) and
28 grams of MDMA (TR54)

On Thursday the 5^th of December, 2013 at 5:42pm, MOK asked GUTSELL to sell him MDMA capsules. GUTSELL agreed to sell 10 x MDMA capsules to MOK at $20 per pill.

On Friday the 6^th of December, 2013, at 7:42pm, MOK met GUTSELL in Mount Street, Kew, near the Shell Service Station in Burke Road, Kew. MOK was driving a white van on this occasion and changed the original meeting location, as the Shell Service Station was too busy. MOK sold GUTSELL 4 pounds of Cannabis for an estimated price of $2,700 per pound and 1 ounce of Ketamine for an estimated price of $2,550, a total price of $13,350. GUTSELL sold MOK 15 x MDMA capsules at $20 a capsule, total price $300. On the same day, GUTSELL purchased 28 grams of MDMA from YUEN.

CCTV footage from the Shell Service station shows a white van registration 1AP9WO drive in and out of the Shell Service Station at similar time to the calls. This white van was registered to Peter MOK, Milton MOK’s father. CCTV footage from intersection of Mount Street and Burke Road further shows the same white van pull into Mount street.

6 December 2013 - 4 pounds of Cannabis (TR46)

Later on Friday, the 6^th of December, 2013 at around 11:30pm, MOK attended at the home address of GUTSELL and YU where he sold GUTSELL a further 4 pounds of Cannabis for an estimated price of $2,700 per pound totalling $10,800.

10 December 2013 - 3 pounds of Cannabis (TR47)

On Tuesday the 10^th of December, 2013, at 1:05am, MOK met GUTSELL at the Shell Service Station in Burke Road, Kew, where he sold GUTSELL 3 pounds of Cannabis for $2,750 per pound, totalling $8,250. CCTV footage shows MOK and GUTSELL meeting at the Shell Service Station, Burke Road, Kew.

10 December 2013 – 140 Grams of methylamphetamine (TR17, 18 & 19)

On Tuesday the 10^th of December 2013, at 6:45pm, members of the State Surveillance Unit observed YUEN park his motor vehicle RHJ328 in a council car park in Kingsway Glen Waverley. At that location they further observed YUEN meet with GUTSELL who was waiting in his vehicle, WDO975. GUTSELL then got into the front passenger seat of YUEN’s motor vehicle and left four minutes later carrying a pink and white carry bag. YUEN sold GUTSELL 4 ounces of methyl-amphetamine for $8,100 per ounce. GUTSELL then returned home to sell to CO279.

At 7:15pm, CO279 attended at 2/148 Booran Road, Glen Huntly. GUTSELL had just returned from meeting with YUEN. YU was present when CO279 purchased 56 grams of methylamphetamine of 70% purity. This was purchased for $17,500.

On this same day GUTSELL purchased 28 grams of methylamphetamine from a person by the name of RAYPEN.

10-12 December 2013 – 56 grams of MDMA (TR55)

The intercepted telephone calls reveal that between 10-12 December 2013 GUTSELL sold 56 grams of MDMA to ATKINSON and LESTRANGE.

11 December 2013 - 4 pounds of Cannabis (TR48)

On Wednesday the 11^th of December 2013 at 9:30pm, MOK attended at the home address of GUTSELL and YU and sold YU 4 pounds of Cannabis for an estimated price of $2,700 a pound, totalling $10,800.

12 December 2013 - 4 pounds of Cannabis (TR49)

On Thursday the 12^th of December, 2013 at 12:00am MOK met GUTSELL again at the Shell Service Station, on Burke Road, Kew and sold GUTSELL another 4 pounds of Cannabis for an estimated price of $2,700 per pound, totalling $10,800. This meeting was captured on CCTV.

13 December 2013 – 6 pounds of Cannabis (TR50)

On Friday the 13^th of December, 2013, at 5:15pm, MOK met GUTSELL on Mount Street in Kew where he sold GUTSELL 6 pounds of Cannabis for an estimated price of $2,700 per pound totalling $16,200.

CCTV footage from a camera at the intersection of Mount St and Burke Road Kew captured GUTSELL’S vehicle entering Mount St.

13 December 2013 –28 grams of Cocaine (TR56) and 28 grams of MDMA (TR56)

Later, on Friday the 13^th of December 2013, at 9:10pm, YUEN met GUTSELL in an undisclosed location in Vermont South where he sold GUTSELL one ounce of cocaine for $9,350.

The intercepted telephone calls also reveal that GUTSELL arranged and sold 28 grams of MDMA to ATKINSON on the same day.

15 December 13 – 112 grams of methylamphetamine (TR20)

Intercepted telephone calls reveal that GUTSELL purchased from RAYPEN 112 grams of methylamphetamine.

17-18 December 2013 - 112 grams of methylamphetamine (TR21)

On Tuesday the 17th of December, 2013, CO279 contacted GUTSELL by mobile, and in a series of short message service text messages, arranged that on the 18th of December, 2013, he would purchase between 112 grams (4 ounces) and168 grams (6 ounces) of methylamphetamine from GUTSELL.
Interception of the telephone services of GUTSELL and YUEN, revealed that on the evening of the 17th of December, 2013, GUTSELL made contact with YUEN by mobile number 0474 218 614, and in a series of short message service text messages, arranged that on the 18th of December, 2013, he would purchase 112 grams (4 ounces) of methylamphetamine from YUEN to facilitate his sale to Covert Operative 279.
APPENDIX B: Items seized during the execution of the Search Warrant at the residence of GUTSELL and YU

The following items were located on the balcony of the unit in Booran Rd Glen Huntly:

a)   3 x Blister packs labelled “Quetiapine 300mg”, containing 19 x white oval tablets
b)   2 x sachets labelled “Sustanon Testosterone 10ml”; each containing approximately 8 grams of liquid identified as steroids (Charge 8)
c)   2 x white round tablets labelled ‘D5’ being Diazepam 5mg
d)   1 x small snap lock bag with green stripe, containing small snap lock bag with black pool ball motif, containing 0.3 grams of a white powder substance
e)   1 x blister pack containing a blue oval tablet found to be ‘sildenifal citrate’, commonly known as Viagra
f)    15 x .22 calibre ammunition rounds (Summary Charge 50).
g)   3 x uncapped syringes with needles attached, each containing a liquid believed to be steroids
h)   1 x small snap lock bag with pool ball motif containing 0.1 grams of a clear crystal substance found to be methylamphetamine (Part of Charge 1)
i)    1 x small snap lock bag with green stripe containing 0.1 grams of a clear crystal substance found to be methylamphetamine (Part of Charge 1)
j)    1 x vial labelled ‘DECA 300’containing 6.8 grams of a liquid substance found to be steroids
k)   5 x .22 calibre ammunition rounds (Summary Charge 50).
l)    1 x 12-guage Winchester shotgun round (Summary Charge 50).
m)     1 x “bolt” mechanism for a .308 rifle
n)   35 x .22 calibre ammunition rounds wrapped in 1 x penalty notice in the name of Yanjun YU (Summary Charge 50).

The following items were located in the kitchen of the unit in Booran Rd Glen Huntly:

a)   $6,915 in Australian Currency, located on the kitchen table);
b)   1 x Sawn-off single shot shotgun – loaded with 1 x 12 gauge shot gun round (Charge 12);
c)   1 x small manufactured handgun – loaded with 1 x .22 calibre ammunition round (Charge 11);
d)   1 x snap-lock bag with a yellow stripe containing 12 x red and yellow capsules found to contain a total of 2.5 grams of MDMA powder (Part of Charge 2).
e)   1 x blue and red and white canvas bag containing a white glove and a small crumb of cannabis, believed to be used by Dane GUTSELL for transporting cannabis
f)    1 x snap lock bag with red stripe containing 1 x snap lock bag with red stripe containing 0.7 grams of a white powder substance found to be cocaine (Part of Charge 7);
g)   1.6 grams of a brown powder substance
h)   1 x small plastic container containing 5.2 grams of a white crystal substance found to be methylamphetamine (Part of Charge 1).
i)    1 x small snap lock bag with skull motif containing 0.5 grams of a white crystal substance found to be methylamphetamine (Part of Charge 1);
j)    1 x small snap lock bag with skull motif containing 0.1 grams of a white crystal substance found to be methylamphetamine (Part of Charge 1);
k)   1 x small snap lock bag with a pool ball motif containing 0.4 grams of a white powder substance found to be amphetamines
l)    1 x pink snap lock bag containing 1.6 grams of a white crystal substance found to be methyl-amphetamines (Part of Charge 1);
m)     3 x pink snap-lock bags containing a total of 3 grams of a white powder substance found to be methylamphetamines ((Part of Charge 1);
n)   2 x blister packs labelled ‘sildenifal citrate’ containing 10 x blue oval tablets believed to be Viagra
o)   1 x snap lock bag with a green stripe containing 3 x red and yellow capsules containing 0.6 grams of a powder substance and 7 x clear capsules containing 1.3 grams of a powder substance suspected of being MDMA (Part of Charge 2);
p)   1 x small snap lock bag with red stripe containing 24 x square tabs believed to be lysergic acid
q)   2 x snap lock bags, both with white stripes, containing at total of 55.6 grams of a white crystal substance being methylamphetamine (Part of Charge 1);
r)    1 x glad snap lock bag containing 2 x other snap lock bags and a pink straw, all containing a total of 9.25grams of a white powder substance found to be cocaine (Part of Charge 7);
s)   1 x small plastic container labelled “speed” containing 4.5 grams of a white powder substance found to be methylamphetamines (Part of Charge 1);
t)    1 x small snap lock bag with basketball motif containing cannabis seeds
u)   1 x 12 gauge shotgun cartridge (Summary Charge 50 – Maximum 40 penalty units).
v)    1 x plastic container with an orange straw containing 8.6 grams of a white crystal substance found to be methylamphetamine (Part of Charge 1);
w)     1 x snap lock bag with red stripe containing 6 x red pills believed to be ecstasy (Part of Charge 2);
x)   1 x small orange snap lock bag containing 0.3 grams of a white powder substance found to be cocaine (Part of Charge 7);
y)   2 x small square tabs believed to be lysergic acid
z)   1 x Pyrex glass jug containing a 77.5 grams of a brown substance and a chopstick sitting on a blue electric heating element, believed to contain methyl-amphetamine in a cooking process
aa)    1 x small snap lock bag with a red stripe containing 1 gram of a white powder substance found to be cocaine (Part of Charge 7);
bb)    2 x .22 calibre ammunition rounds (Summary Charge 50 – Maximum 40 penalty units).
cc)    1 x 8 millimetre Turkish Calibre Rifle (Charge 10).

The following items were located in the front and rear bedrooms of the unit in Booran Rd Glen Huntly;

a)   1 x Samsung mobile phone with charger (linked to telecommunication service 0450 163 791)
b)   1 x “Asus” Laptop with charger
c)   Assorted financial documents in the names of Yanjun YU and Dane GUTSELL
d)   1 x Apple iPad in a green leather case
e)   2 x ANZ bank statements in the names of Dane GUTSELL and Yanjun YU
f)    1 x Vic Roads Transfer of Registration Form in the name of Yanjun YU for vehicle WDO975
g)   5 x Gold Bars;
h)   1 x Silver Bar;
i)    1 x .22 calibre ammunition round (Summary Charge 50);
j)    j 1 x silver Mac Book Laptop computer

[2016] VCC 77

5 February 2016