Director of Public Prosecutions v Vipond

[2025] VCC 81

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
(Not) Restricted
Suitable for Publication

Case No. CR-23-00348

DIRECTOR OF PUBLIC PROSECUTIONS

v

SAMUEL VIPOND

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JUDGE:	HIS HONOUR JUDGE TIWANA
WHERE HELD:	Melbourne
DATE OF HEARING:	3 February 2025
DATE OF SENTENCE:	11 February 2025
CASE MAY BE CITED AS:	DPP v Vipond
MEDIUM NEUTRAL CITATION:	[2025] VCC 81

REASONS FOR SENTENCE
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Subject:Criminal law – Sentence,

Catchwords:              Trafficking in a drug of dependence – 147.2 grams of methylamphetamine – Possession of two or more unregistered firearms of a traffickable quantity – Four firearms – General deterrence – Denunciation – Committed some similar offending in NSW – Served NSW sentence – Totality – Delay – Excellent progress – Positive prospects of rehabilitation.

Legislation Cited:      Drugs Poisons and Controlled Substances Act 1981 (Vic); Firearms Act 1996 (Vic); Sentencing Act 1991 (Vic).

Cases Cited:Mill v R (1988) 166 CLR 59; Morgan v The Queen [2013] VSCA 33.

Sentence:                  Total effective sentence of 2 years’ imprisonment with a non-parole period of 13 months.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr N Batten (Plea) Mr D Bosso (Sentence)	Office of Public Prosecutions
For the Accused	Mr J Lavery	Rolfe Criminal Law

HIS HONOUR:

1Samuel Vipond, on 30 January 2025, you pleaded guilty to an indictment containing two charges. The pleas were entered shortly before your trial was due to commence on 3 February 2025.

2Charge 1 is an offence of trafficking methylamphetamine, contrary to s 71AC(1) of the Drugs Poisons and Controlled Substances Act 1981 (Vic). This offence carries a maximum penalty of 15 years’ imprisonment.

3Charge 2 is an offence of possessing two or more unregistered firearms of a traffickable quantity, contrary to s 7C(1) of the Firearms Act 1996 (Vic). This offence carries a maximum penalty of 10 years’ imprisonment.

Circumstances of the offending

4An agreed prosecution opening was read out in Court.[1]

[1]Exhibit A.

5At the time of this offending, you were under investigation by New South Wales (‘NSW’) police in respect of offending committed by you in NSW during January and February 2019.

6Accordingly, on 29 March 2019, you were under surveillance by the Victoria Police Surveillance Unit. Between 7:30 am and 4:21 pm you were observed:

(a)   at 1 Durham Court, Shepparton (the Durham Court residence);

(b)   leaving the Durham Court residence and driving a white Suzuki Swift in the Shepparton and Mooroopna area. The Suzuki Swift bore false registration plates, and you were the sole occupant; and

(c)   returning to the Durham Court residence.

7Police officers attended the Durham Court residence at around 4:15 pm that same day, and you were arrested while attempting to climb a rear fence.

8During your arrest a dark-coloured satchel bag was removed from around your shoulders. The bag contained a number of items including:

(a)   three mobile phones and personal cards;

(b)   several roles of cash totalling $8,180.00;

(c)   digital scales;

(d)   multiple unused plastic bags; and

(e)   and a number of plastic bags containing methylamphetamine.[2]

[2]Charge 1.

9There were seven plastic bags containing a total of 147.2 grams of methylamphetamine comprised of:

(a)   five plastic bags containing 138.9 grams of methylamphetamine at 80% purity;

(b)   one plastic bag containing 7.8 grams of methylamphetamine at 62% purity; and

(c)   a further bag containing 0.6 grams of methylamphetamine at 81% purity.

10The total pure weight of methylamphetamine was 116 grams. By your plea, you accept that some of the methylamphetamine in your possession was for sale.

11The Suzuki Swift was towed to the Shepparton police station, where it was examined. A Tool Pro case located on the back seat of the vehicle, was found to contain:

(a)   one under and over sawn off shotgun;

(b)   one long arm bolt action sawn off rifle;

(c)   one lever action sawn off rifle with pistol grip; and

(d)   one dismantled pump action rifle.[3]

[3]Charge 2.

12The Tool Pro case also contained a telescopic sight, and assorted firearm parts. Further relevant items found within the Suzuki Swift included one empty rifle cartridge, one wooden rifle, a box of 20 rifle cartridges, a box of 44 Magnum ammunition, three shotgun cartridges, one packet of .22 rifle ammunition, a balaclava and a left-hand ‘Everlast’ black glove.

13You were interviewed on 29 March 2019 in relation to possession of drugs and firearms. You chose to exercise your right to silence and were remanded in custody in respect of the NSW offending. You were subsequently extradited to NSW on 31 March 2019.

14The four firearms in the Tool Pro case were each loaded, with some containing multiple rounds of ammunition. The ammunition was removed and the firearms were conveyed to the Victorian Police Forensics Service Centre for examination. An examination of the firearms on 12 November 2019 revealed that each of the firearms were capable of being discharged. The serial number of two of the firearms had been erased but was able to be restored. Three of the firearms had been reported as stolen.

Personal circumstances

15You were born in Melbourne in 1986 and are now 38 years of age. You and your sister, with whom you have maintained a good relationship, were raised by your parents in Beaumaris.

16Your father died of prostate cancer at the age of 42, when you were just eight years of age. His death had a profound impact on you. Your mother is now 72 years old, and you currently enjoy a good relationship with her.

17Your mother re-partnered after your father’s death, with a man who had been a good friend of your father. Your stepfather was married to your mother for approximately ten years. You report that you resented him for marrying your mother. You acknowledge that your stepfather sought to support the family as best he could. However, whilst you were financially supported during this period, you rarely received emotional support.

18You attended Caulfield Grammar School until the end of Year 10, having played for the First XVIII football team from Year 9 onwards. You were scouted by Sandringham Football Club, and for a time you harboured aspirations to play AFL. You attended Mentone Grammar for three quarters of Year 11. However, you left school after you suffered an ankle injury which effectively ended your aspirations of forging a career in football.

19You then commenced a trade in landscaping and horticulture, which you completed over three years at Holmesglen College. Following its completion you worked as a self-employed landscaper.

20You reported trying cannabis at the age of 17 years, but you did not like the effects. At the age of 18 years, you tried MDMA on two occasions.

21You state that you commenced work as a truck driver at the age of 22, and that you have consistently worked in this field, with a number of different employers since.

22At the age of 27, following a relationship breakdown, you relocated to Shepparton to live with your uncle. Whilst you resided with your uncle you also worked on his dairy farm, driving trucks.

23After a period of about 18 months, you left Shepparton and commenced employment as a wood cutter in Deniliquin, NSW. You then started your own business as a wood cutter whilst simultaneously working as a caretaker at a caravan park in Deniliquin. The business was profitable, and you enjoyed a happy and comfortable life until January 2019.

24On 1 January 2019 you state you were visited by the Police who advised you there was a contract on your life. You had no idea why anyone would want to kill you and became increasingly paranoid, and, in this context, you drifted into using methylamphetamine. In the setting of this drug use, you became increasingly unreliable in terms of employment and eventually your business dissipated and your job at the caravan park ended.

25You state that following this conversation with police your methylamphetamine use dramatically escalated, which led to increasingly erratic moods, judgment and unreliable behaviour. At its peak, you were using two ounces of methylamphetamine per week.

26It was in that state of mind and while using methylamphetamine that you went on to commit the offending in NSW and in Victoria for which I am to sentence you.

27You are currently in a relationship, although you have not lived with your partner due to your bail conditions.

28You report that your mother and partner are your strongest supports. You also have a maternal uncle who provides assistance, as well as friends and other extended family members.

Criminal history

29You have a limited criminal history comprising a total of five appearances in Queensland and NSW between June 2008 and March 2017. These appearances relate to offending involving unlawful possession of weapons including a knife and possessing equipment for administering prohibited drugs. The penalties have resulted in fines both with and without convictions.

Objective gravity

30You have entered pleas of guilty to two serious offences attracting significant maximum penalties. There is no doubt that general deterrence, denunciation and community protection are important sentencing purposes.[4]  

[4]Although lesser weight can be given to community protection bearing in mind your positive rehabilitation since your release in the community.

31In respect of Charge 1, you were in possession of 147 grams of methylamphetamine ranging in purity between 62 and 81 percent. In addition, you were in possession of various accoutrements associated with drug dealing. However, I bear in mind that I am sentencing you for trafficking simpliciter, pertaining to a single day involving your possession of drugs for sale.

32In respect of Charge 2, you were in possession of four firearms, being double the traffickable quantity. There was no lawful purpose for you possessing these firearms. I was told that they were in your possession in order to provide you with security due to the fear that there was a contract on your life. Therefore, if the need arose, you were prepared to use one or more of the firearms.  Each of the four firearms were modified and loaded. There was ammunition found that was capable of being used in each of the firearms. Each firearm was capable of being readily discharged. The firearms were stored in an insecure location, being an unlocked case in the backseat of the Suzuki Swift. Not only is it extremely dangerous to possess loaded firearms, but hearing of their presence in a vehicle being driven around Shepparton creates fear among a law-abiding community.

Defence submissions

33I was assisted by the written,[5] and oral submissions of your counsel, Mr Lavery. He tendered the following documents:

(a)   a psychological assessment report prepared by Ms Gina Cidoni dated 28 September 2023;[6]

(b)   a psychological assessment report prepared by Mr Tim Watson-Munro dated 7 September 2020;[7]

(c)   a letter of support from Jesuit Social Services, prepared by Mr Thanh Lan Trinh dated 14 November 2023;[8]

(d)   two letters of support prepared by Ms Zoe Kasek, confirming your employment with Spotless Street Sweeping, dated 13 November 2023 and 31 January 2025;[9]

(e)   two letters of support prepared by Ms Danielle Dyball, confirming your voluntary work with the Fermont Lodge Supported Residential Service, dated 14 November 2023 and 30 January 2025;[10] and

(f)    character references from Ms Kaye Vipond, Mr Tom Johnson and Ms Felicity Gardam.[11]

[5]Exhibit 1.

[6]        Exhibit 2.

[7]        Exhibit 3.

[8]        Exhibit 4.

[9]        Exhibit 5.

[10]        Exhibit 6.

[11]        Exhibit 7.

34Mr Lavery relied upon the following matters in mitigation:

(a)   the principle of totality;

(b)   delay;

(c)   the utilitarian benefit of your pleas of guilty; and

(d)   your good prospects of rehabilitation.

35The chronology of this matter is helpfully set out in both the prosecution opening and the defence submissions.[12] The offending for which you fall to be sentenced occurred on 29 March 2019, nearly six years ago.

[12]        Exhibit A; Exhibit 1.

36As aforementioned, having been arrested in respect of the NSW offending, you were extradited to NSW on 31 March 2019. On 21 September 2020 in the Albury District Court, you were sentenced to four years and nine months’ imprisonment with a non-parole period of three years. You remained in custody in NSW until your release on parole on 31 March 2022.

37You were charged with the offending for which you now fall to be sentenced on 2 September 2019. Upon your release on parole in NSW, you were extradited back to Victoria. You were granted bail on 5 June 2022.

38Subsequently, the matter proceeded through the committal stream, which included a contested committal on 8 March 2023.

39In this court, two sentence indication hearings took place. The second sentence indication was given on 6 August 2024 and related to the two indictable offences for which you are now to be sentenced.[13] The indication was not accepted, and the matter was adjourned for trial on 3 February 2025, resolving to a plea of guilty on 30 January 2025.

[13]On 6 August 2024, Her Honour Judge Harper gave an indication of 25 months’ imprisonment with a non-parole period of 14 months. The Charges considered in Her Honour Judge Harper’s indication were the same as those for which you are being sentenced in addition to an offence of theft and dishonest retention of stolen property.

The earlier sentence indication related to trafficking in a commercial quantity, as well as the same firearm charge, and was given by His Honour Judge Rozen on 18 April 2024.  

40Therefore, it is right to observe that the pleas of guilty, particularly in respect of  Charge 1, trafficking in a drug of dependence, have been made relatively late in the course of proceedings. It is accepted that it was known at a slightly earlier stage that you would be pleading guilty to Charge 2.

41Although late, the resolution entitles you to a sentencing discount. The resolution has saved some court time and expense, resulting in a utilitarian benefit.

42However, your counsel conceded, bearing in mind the chronology of this matter, there is no meaningful evidence of any genuine remorse.

43As already stated, nearly six years have elapsed since this offending occurred. That is a significant period of time. You have spent over three years in prison, both serving the NSW sentence as well as some time on remand for these matters.

44You have now been in the community on bail for some two years and eight months. The delay is a significant mitigating factor.

45First, I accept that this matter has been hanging over your head and no doubt has caused you ongoing anxiety and distress. As such this period of delay can be viewed as some punishment.

46Secondly, the delay has shown you have taken meaningful steps towards your rehabilitation. In terms of your rehabilitation, not only did you endure a significant period of forced abstinence from drugs whilst in custody, importantly, you have maintained that abstinence since your release into the community in June 2022. That is to your credit. You have not committed any further offending. You have made a genuine resolution to improve your life and contribute to the community in a positive way. I note that you have been in consistent full-time employment for over two and half years with Spotless Street Sweeping. Your employers value your contribution to their business and have nothing but praise for you.

47In addition to your paid employment, you have sought to give back to the community, through regular volunteering at a residential service, supporting the aged and those with mental health issues. I have had regard to the two references from Ms Dyball, the manager of the facility.

48Since your release you have been abiding with stringent bail conditions, including reporting three times per week. You have been living with your mother, with whom you have established a close relationship, and I have had regard to the character reference provided by her.

49I have also taken into account all the other references. You have plainly made a concerted effort to turn your life around. That is encouraging. I assess your prospects of rehabilitation as being quite positive.

50In determining the relevant sentence, I must also take into account the principle of totality.

51I have had regard to the sentencing reasons of His Honour Judge Grant dated 21 September 2020.[14] Following your extradition to NSW, you were sentenced in respect of two offences of aggravated break and enter,[15] and one offence of firing a firearm in or near a public place.

[14]Exhibit C.

[15]Ram raid offences stealing ATMS.

52The firearm offence involved you discharging a firearm from a moving vehicle  causing damage to the victim’s vehicle. The firearm used was never recovered.

53In sentencing you, His Honour Judge Grant had the benefit of Mr Watson-Munro’s psychological report that is also before me. You told Mr Watson-Munro that leading up to this offending, you were heavily addicted to ice smoking up to two ounces per week. His Honour stated:[16]

In the background Mr Vipond claims that he was advised that a contract had been taken out against his life and it was in the setting of escalating fear, depression, and hyper vigilance, compounded by self-medicating, that his judgment faltered.

[16]Exhibit C at pg.9; I note that you gave evidence at the plea hearing before His Honour Judge Grant.

54His Honour Judge Grant noted that upon your release you wanted to rebuild relationships and obtain work “to get into a routine and have structure”. It bodes well for your prospects of rehabilitation that the positive thoughts you harboured back then have come to fruition.  

55In respect of the firearm offence you were sentenced to a term of two years and three months’ imprisonment.[17] The two offences of aggravated break and enter attracted terms of three years and nine months and two years respectively.[18]

[17]The maximum penalty is 10 years’ imprisonment.

[18]The maximum term being 20 years’ imprisonment with a standard non-parole period being five years.

56The total effective term was one of four years and nine months’ imprisonment with a non-parole period of three years.

57There is no doubt that it is both meaningful and appropriate,[19] for the principle of totality to apply.[20] The offending for which you now fall to be sentenced is closely connected in time with the offending committed in NSW. The NSW offences occurred in January and February 2019. The offending before me occurred on 29 March 2019. There is also a degree of overlap in the offending. In particular, the NSW offending involved the discharge of a firearm. I was told by Mr Lavery, none of the firearms forming the basis of charge 2 before me were involved in the NSW offending.

[19]Morgan v The Queen [2013] VSCA 33, [104]. See also [65]-[66].

[20]See also Mill v R (1988) 166 CLR 59.

58Mr Lavery fairly conceded that had these two offences been dealt with at the same time as the sentence imposed in NSW, a degree of cumulation for these matters would have been inevitable.

59On behalf of the prosecution, Mr Batten took no issue with the matters in mitigation. He accepted that the principle of totality and delay entitled you to a lesser sentence than would have been appropriate absent these two significant factors. He nevertheless maintained that a term of imprisonment involving a non-parole period was still necessary.

Sentencing

60While the matters in mitigation, in particular the mitigatory impact of the significant delay and the principal of totality, are important factors, I cannot overlook the seriousness of the offending. The sentence I will impose will be a much reduced one. However, in my judgment, a term of imprisonment involving a non-parole period cannot be avoided. The offending requires general deterrence and denunciation in particular to be given importance in the sentencing synthesis.

61Having taken into account all matters and circumstances, Samuel Vipond, you are sentenced as follows:

·        On Charge 1, trafficking methylamphetamine, you are convicted and sentenced to 12 months’ imprisonment.

·        On Charge 2, possession of a traffickable quantity of firearms, you are convicted and sentenced to 20 months’ imprisonment.

62The sentence on Charge 2 will be the base sentence. Four months of the sentence on Charge 1 will be served cumulatively upon the sentence on Charge 2. This makes a total effective sentence of 2 years’ imprisonment.

63In light of the lengthy delay and your excellent progress, I direct that you serve a minimum period of 13 months.

Pre-sentence detention

64Pursuant to s 18 of the Sentencing Act 1991 (Vic), the period of 83 days of pre-sentence detention, not including today’s date, is declared as having already been served in respect of this sentence.

Section 6AAA declaration

65Pursuant to s 6AAA of the Sentencing Act, I indicate that had you pleaded not guilty and been convicted, I would have sentenced you to a term of 3 years and 3 months’ imprisonment with a non-parole period of 2 years and 4 months.

Other orders

66I grant the forfeiture and disposal orders sought by the prosecution.