Director of Public Prosecutions v Volkan
[2018] VCC 1784
•29 October 2018
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-17-02553
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| CEMRE VOLKAN |
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JUDGE: | HER HONOUR JUDGE LAWSON | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 11 October 2018 | |
DATE OF SENTENCE: | 29 October 2018 | |
CASE MAY BE CITED AS: | DPP v Volkan | |
MEDIUM NEUTRAL CITATION: | [2018] VCC 1784 | |
REASONS FOR SENTENCE
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Catchwords: Criminal Law – Sentencing – trafficking drug of dependence – possession drug of dependence – related summary charges – aggregate term of imprisonment to be followed by a Community Correction Order with conditions.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr J. Saunders | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Mr S. Tovey | Melasecca Kelly & Zayler |
HER HONOUR:
1 Cemre Volkan, you have pleaded guilty before me to one charge of trafficking in a drug of dependence (namely Charge 1 on the amended indictment), and 13 charges of possess a drug of dependence (that is, Charges 2 to 14, as set out in the amended indictment).
2 Details of the charges are set out in the amended indictment, which is retained on the Court file.
3 In addition, a number of related summary charges have been transferred pursuant to s.145 of the Criminal Procedure Act 2009, and you have pleaded guilty to ten summary charges, as follows:
· Summary Charge 3, possess a controlled weapon without lawful excuse ( a hunting knife);
· Summary Charge 6, contravene a condition of bail (namely the residence requirement);
· Summary Charge 7, use drug of dependence (namely 1,4-Butanediol);
· Summary Charge 10, possess a prohibited weapon (namely a set of knuckle dusters);
· Summary Charge 15, commit indictable offence on bail (that is, possess Alprazolam);
· Summary Charge 17, commit indictable offence whilst on bail (namely possess anabolic steroids);
· Summary Charge 18, commit an indictable offence whilst on bail (namely possess drug trafficking equipment whilst on bail);
· Summary Charge 20, commit an indictable offence (namely possess MDMA whilst on bail);
· Summary Charge 53, possess a prohibited weapon (namely a machete), without exemption or approval under the relevant Act;
· Summary Charge 54, resist a police officer, an emergency worker on duty.
4 Summary Charges 4, 15, 16, 19, 51 were withdrawn by the prosecution and wil be struck out.
5 The offences are serious, and that is reflected in the maximum penalties, and they are as follows:
· Traffick drug of dependence, 15 years’ imprisonment;
· Possess drug of dependence, where the court is satisfied on the balance of probabilties, that the offence was not committed for any purpose related to trafficking to a penalty of 30 penalty units or one year imprisonment, or both, or in any other case, to a penalty of not more than 400 penalty units, or to Level 6 imprisonment, five years’ maximum, or to both that penalty and imprisonment;
· Commit indictable offence whilst on bail, three months’ imprisonment or 30 penalty units;
· Contravene conduct of condition of bail, three years’ imprisonment or 30 penalty units;
· Possess prohibited weapon, two years’ imprisonment or 240 penalty units;
· Possess controlled weapon, one year's imprisonment or 120 penalty units;
· Resist emergency worker, six months’ imprisonment or 60 penalty units.
6 In addition you have admitted your prior criminal record, and that spans a period from 26 August 2009 to 18 August 2016. There were two court appearances in the Children's Court and six in the adult court. One prior is of relevance - of particular relevance - and that is, in 2011 you were dealt with at the Magistrates' Court in respect to trafficking ecstasy, possess methylamphetamines, for which you were convicted and sentenced to an aggregate term of four months' imprisonment, to be served by way of an Intensive Correction Order.
7 I shall now proceed to sentence you on the basis of the summary of prosecution opening that was read at the plea hearing. It is marked as Exhibit 1 and a copy of that opening will be annexed to these sentencing remarks (see ‘Annexure A, Amended Summary of Prosecution Opening’) just so that the nature and the number of drugs that were recorded upon your arrest are clear.
8 On Friday, 3 February 2017, at approximately 4.45 am, police executed a search warrant at an apartment in Lorimer Street, Docklands, where you were then living. You were listed as the only tenant for the apartment, and you were living there with your girlfriend, Jonita Ragaisyte.
9 On entry, you ignored police requests for you to get on to the ground, and started walking towards police members. You were taken to the ground, and attempts were made to restrain you; however, you resisted. OC spray was deployed, and thereafter you were restrained (Summary Charge 54).
10 Police then conducted a search of the apartment, and a large number of items were seized and later subjected to forensic analysis.
11 A large number of chemicals were located in bags found within the kitchen and living area. There was a small quantity of a variety of drugs as described in the opening, some in the bedroom, some in the walk-in robe, there were also some chemical liquids found on the balcony and the storage cage allocated to your apartment. The details of the items seized are particularised in paragraphs 6, 7, 8 and 9 of the amended opening.
12 Both you and Ragaisyte were arrested and taken to the Melbourne West Police Station, where a formal record of interview was conducted. In your interview you told police that the bowl of orange liquid that was found on the barbecue area on the balcony of your apartment was a mixture of vinegar, sodium hydroxide, acetone and a variety of other substances that you used to clean the barbecue.
13 You said that the other glassware from the barbecue contained “pre-workout”, that is a mixture that was in the process of having the colour removed from the substance. You said that the storage cage just had “old stuff” in it. You said the item in the bin that looked the same as the item on the balcony was what you described as a “pre‑workout” drug which you had made and that it gave you “heaps of energy” for the gym.
14 You told police that you were working on developing or manufacturing a “pre‑workout” substance and that you were very excited about it. You had studied books on how to make the substance and you were intending to sell it on eBay.
15 Initially you told police your address was 4 Rene Street, Beaumaris; however, you admitted during the interview that you were renting the apartment at Docklands and you had been living there since October 2016. (Summary Charge 6, contravene conduct condition of bail.)
16 You admitted to police that you were a regular user of GHB and that you had strong withdrawal symptoms when you stopped using it. You started using GHB as a body-building supplement and you were addicted to GHB. You told police initially the only substances in the apartment were bottles of GHB.
17 Police analysed your mobile phone that they had seized and it showed a video taken on 21 January 2017 showing you wearing a respirator mask, several photos taken of large quantities of white powder and cash, and photographs of a black knife and four sets of knuckle dusters consistent with those located by police during the execution of the search warrant. Phone analysis also showed that you had visited websites related to the manufacture of drugs.
18 Various analyses were undertaken of the substances that were located at the apartment. It is the prosecution case that you had various drugs of dependence in your possession for sale. The prosecution concede that you also used 1,4-Butanediol for personal use.
19 Charge 1, trafficking drug of dependence, contains a reference to N‑ethylhexedrone, methylamphetamine, fluorodeschloroketamine and cocaine. N‑ethylhexedrone is an analogue of methcathinone. MEAP is an analogue of methcathinone.
20 Methcathinone (and its analogues) is listed as a drug in Column 1 of Part 1 of Schedule 11 to the Drugs, Poisons and Controlled Substances Act 1981.
21 Fluorodeschloroketamine is an analogue of Ketamine. Ketamine and its analogue is also listed as a drug in Column 1, Part 3 of Schedule 11 to the Drugs, Poisons and Controlled Substances Act 1981.
22 Both N‑ethylhexedrone and MEAP were found in various items located within your apartment. There were also mixed substances that were identified in the analysis containing:
· N‑ethylhexedrone and MEAP;
· MEAP and cocaine;
· N‑ethylhexedrone, methamphetamine, fluorodeschloroketamine, and cocaine;
· fluorodeschloroketamine and n‑ethylhexedrone.
23 The various items were tallied and a total of 2,890.7 grams was found to be located within the various items, the full details of which were particularised in paragraph 41 of the Crown opening.
24 Charge 2 relates to possession of 1,4-Butanediol, a drug of dependence that was found in 12 items. The total quantity located was 1,637.0 grams. A traffickable quantity of this drug is 50 grams. The particulars of the items and the amounts found is set out in paragraph 44 of the prosecution opening.
25 Charge 3, possess drug of dependence, lysergic acid diethylamide (LSD), relates to LSD found in fourteen items. The total quantity of substance which included LSD was 265 milligrams, but the total quantity of LSD was less than 50 milligrams, the full particulars of which are set out in paragraph 45 of the prosecution opening.
26 Charge 4, possess drug of dependence – drostanolone, tremolone and testosterone – relates to those drugs found in five items, full particulars are set out in paragraph 46 of the prosecution opening. The total was 43.5 grams.
27 Charge 5, possess drug of dependence, stanozolol, relates to a quantity of the drug being found in three items, the particulars of which are set out in paragraph 47 of the prosecution opening. The quantity of substances which included stanozolol was 24.4 grams.
28 Charge 6, possess drug of dependence, methoxy-N-methyl-N-isopropyltryptamine. This is an analogue of 5-methoxy-N, N-dimethyltryptamine found in two items. The total substance of the drug was 3.5 grams.
29 Charge 7, possess drug of dependence, 3,4-Methylenedioxy-N-methylamphetamine (MDMA) found in five items. The quantity of substance which included the MDMA was 2.5 grams, the particulars of which are set out in paragraph 49 of the prosecution opening.
30 Charge 8, possess drug of dependence, tetrahydrocannabinol. This charge relates to substances which included cannabis found in one item. The total quantity of the substance was 2.4 grams.
31 Charge 9, possess drug of dependence, N,N-dimethyltryptamine relates to the drug found in three items. The total quantity of the drug which included that drug was 1.8 grams (noting that one of the items contained that drug mixed with MDMA and other substances totalling 0.8 grams). Full particulars are set out in paragraph 51 of the prosecution opening.
32 Charge 10, possess drug of dependence, 4-Bromo-2,5-dimethoxyphenethylamine. This relates to that drug being found in one item (that included a plastic bag with five pink mottled tablets) that was seized in the search. The total quantity of the substances which included this drug was 1 gram.
33 Charge 11, possess drug of dependence, quinalbarbitone. This charge relates to that drug found in two items which contained three red capsules. The quantity of the substances which included the drug was 0.6 of a gram. Particulars are set out in paragraph 53 of the prosecution opening.
34 Charge 12, possess drug of dependence, alprazolam. This charge relates to the alprazolam referred to in the certificate of Graeme Wilson, and that was found in four items. The total quantity of the substances which included the alprazolam was less than 0.5 of a gram. Particulars are set out in paragraph 54 of the prosecution opening.
35 Charge 13, possess drug of dependence, 3,4‑Methylenedioxyamphetamine (MDA). This relates to the MDA found in a glass beaker located in the barbecue cupboard. The total of the substance which included the MDA was 0.7 of a gram. The purity of the MDA was 48 per cent.
36 Charge 13 also relates to the MDA referred to in the certificate of Graeme Wilson found in a different item, nominated as item 63. The total quantity of the substances which included the MDA was 0.2 of a gram.
37 Amended charge 14, possess drug of dependence, diazepam. That relates to the diazepam referred to in the certificate of Graeme Wilson, found in item 119. The total quantity of the substance which included the diazepam was 0.2 of a gram.
38 At the time of the offending you were on bail in relation to unrelated matters and Summary Charges 15, 17, 18 and 20 each related to committing indictable offences that were commtited on bail and that is an aggravating feature of this offending to which I had regard.
39 Summary Charges 6 and 7 relate to contravening a conduct condition of bail. Charge 6 relates to failing to reside at 4 Rene Street, Beamaris, as specified in your bail conditions, and Charge 7 relates to using a drug of dependence, namely 1,4-Butanediol, whilst on bail.
40 Summary Charge 3 relates to possession of the black-handled machete located inside the cupboard opposite the front door.
41 Summary Charge 10 relates to possession of some knuckle dusters that were located in a red sports-bag in the storage locker.
42 Summary Charge 53 relates to possession of a prohibited weapon, namely a hunting knife that was found in its sheath, located inside the cupboard opposite the front door.
43 In respect to Charge 1 on the amended indictment you have been charged with trafficking simpliciter because of the quantity of the various drugs identified. In relation to the possession charges, the vast majority of the chemicals are in smaller quantities, with the exception of Charge 2 which deals with the 1,4-Butanediol and I will speak about that shortly.
44 You were on remand from 3 February 2017. On 7 June 2017 at Melbourne Magistrates’ Court, in respect to a consolidation of matters dealing with four drive whilst disqualified charges you were sentenced to an aggregate term of 48 days (being time served) and some ancillary orders were made.
45 Thereafter you were dealt with on 3 November 2017 in the County Court in respect to attempting to pervert the course of justice, common assault, and contravening family violence intervention order. Her Honour Juxge Sexton imposed a total of 15 months' imprisonment with eight months to be served before becoming eligible for parole and pre-sentence detention of 60 days was declared.
46 I have had regard to the time that you have spent undergoing sentences for those other matters.
47 This matter was the subject of a contested committal on 1 December 2017 at which time the analysts were cross-examined about the various items that were located when police executed the search warrant. You were committed for trial and a trial date was set for 2 July 2018.
48 Thereafter there have been a number of delays attributable to funding issues. Finally, your matter resolved and you were arraigned and pleaded guilty on 28 June 2018.
49 The principal offending is Charge 1, which involves the single-day (namely 3 February 2017) and the allegation of trafficking in a drug of dependence.
50 Your case does have some unusual features. You have pleaded guilty to trafficking in a drug of dependence on 3 February 2017, made up of a combination of drugs seized by police when they executed the search warrant. The most prevalent drug was N‑ethylhexedrone which is an analogue of 4- methcathinone. In addition, there were smaller quantities of methamphetamines, fluorodeschloroketamine (an analogue of ketamine), and cocaine.
51 I accept that you were using the various drugs as part of your quest to develop a “pre-workout” mixture and that you were intending to on-sell that drug and that is the basis for the charge.
52 You have a longterm interest in body building, fitness and supplements. I accept that your actions were not that of a commerical operation but rather an amateurish and very chaotic and haphazard attempt to create a mixture. Your efforts were clearly misguided no doubt in part due to your admitted heavy addiction to 1,4-Butanediol at the time.
53 What the police uncovered when they searched the apartment was a veritable Aladdin's cave of other drugs and with the exception of the 1,4-Butanediol I am satisfied given the small amounts of those other drugs that have been identified that they were not in your possession for trafficking purposes and therefore the lower penalty will apply to those drugs.
54 You admitted to police when interviewed at the time of your offending that you were heavily addicted to 1,4-Butanediol, a liquid drug you referred to as “liquid G”. It is accepted by the Crown that some of the drug 1,4-Butanediol was identified for personal use; however, Mr Saunders, counsel representing the Crown, did highlight the fact that a trafficable quantity of this drug was 50 grams and therefore you had a total of more than 32 times the trafficable quantity, and even allowing for your personal use and that of your girlfriend, he submitted the significant portion of that drug was being held by you for trafficking purposes and therefore you ought be subject to a higher penalty.
55 In all the circumstances I accept that submission and therefore in respect of that charge you will be subject to the higher penalty.
56 In sentencing you there is a real need to emphasise general and specific deterrence, denunciation and just punishment.
57 I have regard to your background and history. You are now 27. You have been raised in the Brighton/Beaumaris area. Your father is self-employed and runs a limousine business. Your mother has always been occupied with home duties. You have two younger siblings. Your parents are highly supportive of you and have maintained regular contact since you have been in custody.
58 You have completed VCE and have undertaken some tertiary study in business. Following the completion of your studies you have been successfully employed at Vodafone, and then later worked at an electrical company. You also spent time on circuit as a professional body-builder, which generated some aditional income.
59 In the past you have been able to contributed to your father’s business and it is intended upon your eventual release that you will be reemployed in that business.
60 Throughout your adult life you have had a strong interest in fitness, and in particular body-building and supplements. I accept the context to the offending was that you were heavily addicted to 1,4-Butanediol at the time and that in part is attributable to the difficulties that you experienced dealing with chronic pain following a motorcyle accident that happened about three years ago. You were using that drug as a means of coping with your pain and it grew into self-medicating for all other aspects of your life. Over the years your use has escalated and become very problematic and you were using heavily at the time. Whilst explaining the commission of these offences it does not excuse these offences.
61 I have had regard to how you have spent your time in custody and I am satisfied that you have demonstrated that you are now drug free, which is an important consideration in your case given the history that I have just referred to.
62 You have spent your time in custody productively. You have completed two courses in relation to drug matters, one six-hour Ice Effects program and one 44-hour ice-specific drug and alcohol treatment program. There have been negative drug screens that have been provided to the court. I am satisfied that you are now commencing to address your longstandnig drug problems.
63 I have had regard to the report prepared by Mr Michael Crewdson, forensic psychologist. He concludes in his report of 8 October 2018 there is no evidence of any major psychological illness such as psychosis or bipolar disorder. He stated there were some features of a narcissistic personality, but overall he did not consider you to be an anti-social person.
64 In sentencing you I have had regard to all the matters put by Mr Tovey on your behalf in mitigation and I accept those matters. I confirm that you entered a plea of guilty prior to the trial commencing and notwithstanding the late stage that the plea has real and significant utility. There was a contested committal hearing on 1 December 2017 and that was useful in leading to a refinement of the charges and thereafter the charges were the subject of the amended indictment to which you pleaded guilty.
65 Through your plea of guilty you have spared the state the cost and inconvenience of a trial that would have been occasioned by just the sheer volume of drugs involved and the types of analyses that were undertaken. I accept the plea is evidence of you facilitating the coruse of justice and your sentence will be discounted accordingly.
66 I am satisfied that you have demonstrated some remorse for the offending having regard to your plea and also the cooperation by you with the police following your arrest. There were some admissions made during the formal record of interview.
67 I have regard to the fact that you were 25 at the time of the offending, still a relatively young man, and your rehabilitation is important. You do have reasonable prospects of rehabilitation, particularly given your expressed insight into your offending and that fact that you utilised the opportunities in prison to commence dealing with your drug addictions.
68 You are fortunate insofar as you have good support through your family and opportunities for employment in the future. You have demonstrated that you have been able to remain drug free whilst in custody and have used your time effectively.
69 Due to these offences not being dealt with by the court you have been unable to seek parole in respect of the sentence imposed on 3 November 2017. You are due to complete that sentence in early December having served the entirety of that sentence and therefore, I accept that you missed the opportunity for any concurrency with the present matter.
70 I have had regard to the principle of totality and I have had regard to the time that you have spent in custody undergoing the sentence not only for the 3 November 2017 matter but also for the earlier Magistrates' Court matter and I have taken that into account in a broad way consistent with the decision of Wheldon v The Queen [2011] VSCA 83.
71 Mr Tovey submitted on your behalf, having regard to the objective seriousness of the offending, and a consideration of the mitigating factors the court ought to consider a combination sentence of imprisonment to be followed by a Community Correction Order that is structured in a way that allows for you to be released following the completion of your current sentence. He submitted that you have undergone an attitude shift whilst in gaol and that you have reasonable prospects of rehabilitation. He also referred to the onerous conditions in custody and highlighted that this is the longest period of time you have served in custody.
72 I have already indicated this morning I have read the affidavit of Mr Money that was filed in support of this matter dated 25 October 2018 and that affidavit does not substantiate that the conditions of your custody is any more onerous than any other prisoner and so other than taking into account the time spent in custody I have not put any additional weight upon that as a factor in formulating the appropriate sentence.
73 However, I do consider that there is some evidence that you have demonstrated an attitudinal shift whilst you have been in gaol in terms of addressing your underlying offending behaviour, namely your addiction to drugs, and that that does augur well for the future.
74 You have been assessed as suitable for a Community Correction Order and I consider that the sentence to be imposed is one that will punish you in a just way for the offending conduct but also it will provide you with a supported release in the future.
75 The prosecution submitted that was serious offending that required the imposition of a further period of imprisonment.
76 Having regard to the time spent in custody already I consider that the more appropriate formulation for the disposition is a combination sentence.
77 Given that the drug trafficking and the possession of the various drugs of dependence all relate to the one day, namely 3 February 2017, I consider that an aggregate sentence of imprisonment is appropriate in all the circumstances in respect to all the matters on the amended indictment. The offending is founded on the same facts, or is part of a series of offences of the same or similar character, and therefore I consider an aggregate sentence of imprisonment is appropriate. I refer to s.9 of the Sentencing Act 1991. It is one term of imprisonment to reflect the criminality of the offending charged on the amended indictment, having regard to the gravity of the offending and the other matters referred to in my sentencing remarks.
78 In sentencing you, I must impose just punishment.
79 Could you please stand? I will read out the formal court order now.
80 In relation to Charges 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, which is all the charges on the amended indictment, you will be convicted and sentenced to an aggregate term of imprisonment of 12 months to be followed by a two-year Community Correction Order with the conditions that you undergo treatment and rehabilitation for drug offences, including testing and supervision.
81 Summary charges. I will read out the terms of imprisonment that I will impose and these are all concurrent.
82 Summary Charge 3, convicted and sentenced to one month's imprisonment;
83 Summary Charge 6, convicted and sentenced to one month's imprisonment
84 Summary Charge 7, convicted and sentenced to one month's imprisonment;
85 Summary Charge 10, convicted and sentenced to one month's imprisonment;
86 Summary Charges 15, 17, 18 and 20, convicted and sentenced to one month's imprisonment;
87 Summary Charge 53, convicted and sentenced to one month's imprisonment;
88 Summary Charge 54, convicted and sentenced to three months' imprisonment.
89 My intention is that they all run concurrently with the sentence I impose in respect to the amended indictment.
90 Section 6AAA declaration. But for your plea of guilty I would have imposed a term of imprisonment of three years to serve two years.
91 I make the following declaration of pre-sentence detention. I declare that you have served 213 of the sentence imposed and I direct that that be entered into the records of the court.
92 There are two Disposal Orders sought. They are not objected to and I make those disposal orders, one in respect to the drugs and paraphernalia and the other in respect of the prohibited and controlled weapons.
93 Finally, I make the Forfeiture Order in the sum of $3,100 which was the cash that was seized.
94 That sentence is effective from today's date and it is my intention that the sentence runs concurrently with the sentence imposed by Her Honour Jduge Sexton on 3 November 2017.
95 I think that is all I need say in respect to the sentence but it will be made clear to Corrections that is my intention.
96 MR ONG: Yes, Your Honour.
97 MR KELLY: As Your Honour pleases.
98 HER HONOUR: Have we got all the orders? The Community Correction Order, Mr Volkan, which I have just announced is for two years upon your release and you have to attend the Moorabbin Community Correctional Services which is in Nepean Highway, Highett, and you have to do that within two clear working days of your release.
99 I should have announced that Mr Volkan must participate in programs and courses that address his offending behaviour as well as the assessment and treatment for drug abuse and then there is supervision for two years. I have signed that order. All you have to do to give effect to it is to sign that as well.
100 You have had the Community Correction Order explained to you as well as the consequences of contravention and you consent to that order.
ANNEXURE ‘A’, AMENDED SUMMARY OF PROSECUTION OPENING
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE | Court Reference: CR-17-02553 Indictment No: H10317752.1 |
CRIMINAL JURISDICTION
| Prosecution of Cemre VOLKAN |
AMENDED SUMMARY OF PROSECUTION OPENING
| Date of Document: | 24 October 2018 |
HOUSEKEEPING
The Crown will seek leave to amend the Summary of Statement of Offence on the Plea Indictment to
1413 charges of Possess a drug of dependence so that the last charge is charge1514.
INTRODUCTION
The accused is Cemre Volkan (DOB: 26 July 1991). At the time of the alleged offending the he was living at apartment 2603/90 Lorimer Street Docklands. He had been living there since October 2016. The accused is listed as the only tenant for this apartment on the Residential Tenancy Bond Authority, with a $3,700 bond lodged for the apartment. The accused was living there with his girlfriend Jonita Ragaisyte (DOB 28 November 1991). The accused said in his record of interview that he and Ragaisyte had been in a relationship since April 2016[1].
[1] Q&A 75
The apartment has 2 bedrooms with a large living and kitchen area separating them. It also has a large balcony. The front door of the apartment leads directly into the living and kitchen area. On the left is the door to the main bedroom. On the right is the spare bedroom. Directly ahead is a sliding door to the balcony and there is also another sliding door to the balcony leading from the main bedroom.
THE SEARCH
On Friday 3 February 2017, at approximately 4:45am, police executed a search warrant at the apartment at 2603/ 90 Lorimer Street Docklands. When police entered the apartment the accused and Ragaisyte were in the living area on the couch.
On police entry, the accused stood up and ignored police requests for him to get on the ground. The accused stated to walk towards police members. He was taken to ground and attempts made to restrain him however he resisted. OC spray was deployed and the accused was thereafter restrained. [2] Summary charge 54
[2] Statement of Madeleine ARNOLD, depositions page 114; Notice of Additional Evidence – statement of Ben Stonehouse
Living room & kitchen
A search of the living and kitchen area was conducted and a number of items were seized and subjected to forensic analysis as follows:
(a)An orange "Tough 15" brand vacuum cleaner with 5 large plastic resealable bags containing white powder and crystals concealed inside the dust receptacle. A combined sample from the clip seal regions of the five plastic bags was obtained. A partial mixed DNA profile – three contributors was identified with DNA evidence 15 times more likely if the accused is a contributor[3]
[3] Depositions, statement of Janna Banbury – pg 87
(b)The substances were examined by forensic chemist Graeme Wilson. Two of the bags each contained procaine, a schedule 4 poison (846.6g[4] and 191.9g[5]). No drugs were detected in the remaining three bags. A partial mixed DNA profile – two contributors was obtained from the outer perimeter of item 33. The DNA evidence is 2 billion times more likely if the accused is a contributor.
[4] Item 29
[5] Item 33
(c)A small yellow metal container containing a yellow crystal substance: The yellow crystal substance was identified by Graeme Wilson to be 2-(ethylamino)-l-phenylhexan-1-one (N-ethylhexedrone)[6].
[6] Item 125 – 0.8gram
(d)A small deal bag with red stars containing a yellow crystal substance (N-ethylhexedrone)[7];
[7] Item 127 – 0.2gram
(e)A 500 mL plastic bottle containing a clear viscous liquid, identified as 1-4 butanediol[8];
[8] Item 128 – 525.1grams
(f)A small plastic deal bag with red stars containing white powder (N-ethylhexedrone)[9];
[9] Item 130 – 0.2gram
(g)A syringe containing approximately 2 mL of a bright pink liquid which was not analysed[10];
[10] Item 131
(h)A white plastic container with a black lid containing white powder (N-ethylhexedrone)[11];
[11] Item 133 – 6.2grams
(i)A pink bottle containing a small amount of clear viscous liquid (1,4 butanediol)[12];
[12] Item 134 – 6.0grams
(j)A blue "Volta" brand vacuum cleaner with multiple plastic deal bags. These substances were analysed and identified as follows:
(i)Tetrahydrocannabinol[13].
[13] Item 40 – 2.4grams
(ii)Methoxy-N-methyl-N-isopropyltryptamine (MeO-MiPT)[14]
[14] Item 42 – 2.7grams; Item 61 – 0.8gram
(iii)N,N-Dimethyltryptamine[15]
[15] Item 43 – 0.9gram; Item 54 -0.3gram
(iv)2-(Ethylamino)-l-(methylphenyl)pentan-l-one (MEAP)[16]
[16] Item 44 – 0.7gram; Item 46 – 0.7gram; Item 49 – 1.4grams; Item 51 – 0.9gram; Item 58 – 0.4gram; Item 59 – 0.3gram; Item 60 – 0.2gram
(v)A mixture of 1,4-Butanediol; 3,4-Methylenedioxy-N-methylamphetamine (MDMA); N,N-Dimethyltryptamine and Methylamphetamine[17]
[17] Item 45 – 0.6gram
(vi)1-4 butanediol[18]
[18] Item 55 – 0.2gram
(vii) 3,4-Methylenedioxy-N-methylamphetamine (MDMA)[19]
[19] Item 62 – 0.1gram; Item 72 – 0.1gram; Item 73 – 0.2gram; Item 75 – 21.6grams
(viii)A mixture of MDMA, MDA and 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB)[20]
[20] Item 63 – 0.2gram
(ix)A mixture of MEAP and cocaine[21]
[21] Item 56 – 0.8gram; Item 57 – 0.3gram
(x)A mixture of MEAP and N-ethylhexedrone[22]
[22] Item 69 – 1.5grams; Item 71 – 2.3grams
(xi)N-ethylhexedrone[23]
[23] Item 74 – 0.5gram
(xii)Lysergic acid diethylamide[24]
[24] Item 64i – 20mg; Item 64ii – 21mg; Item 64iii – 20mg; Item 68i – 20mg; Item 68ii – 21mg; Item 68iii – 20mg; Item 68iv – 20mg; Item 68v – 21mg; Item 68vi – 21mg; Item 68vii – 21mg; Item 68viii20mg; Item 68ix – 20mg; Item 68x – 21mg
(xiii)Procaine and Lidocaine[25]
[25] Item 47 – 2.6grams; Item 50 – 2.0grams
(xiv)Quinalbarbitone[26]
[26] Item 65 – 0.2gram; Item 66 – 0.4gram
(k)A black handled machete in a black sheath (summary charge 53);
(l)A black handled hunting knife in a black sheath (summary charge 3);
(m)A white tablet with a heart shape stamp (Aspirin);
(n)4 plastic bottles containing a frozen liquid[27] (1,4-butanediol);
(o)A silver coloured Apple notebook computer;
(p)A black Google Nexus 7 mobile phone;
(q)A black Apple iPhone 5 mobile phone;
(r)A white Apple iPhone 7+ mobile phone;
(s)A plastic bottle with clear liquid residue (not analysed);
(t)A set of blue and black Goggles and Snorkel;
(u)A "Pro Filter" brand respiration mask;
(v)A mug with yellow residue in the bottom (not analysed).
[27] Items 154, 156, 158, 160
Main Bedroom
A search of the main bedroom and walk in robe was conducted by police, who located the following items:
(a)A plastic deal bag containing beige coloured powder (N-ethylhexedrone[28]);
[28] Item 135
(b)A Cenovis vitamin E container containing 2 red pills (MDMA[29]);
[29] Item 137
(c)A. plastic hand sanitiser bottle containing a clear viscous liquid (1,4-butanediol[30]);
[30] Item 139
(d)A Milk Thistle bottle containing numerous white tablets and brown capsules (no drugs detected);
(e)A gold coloured Apple notebook computer;
(f)A sandwich bag containing:
(i) A plastic bag containing a substance in the form of white powder[31] (Fluorodeschloroketamine);
(ii) A plastic bag containing a substance in the form of brown crystals[32] (N-ethylhexedrone)
(iii) A plastic bag enclosing a further plastic bag containing a substance in the form of compressed white powder[33] (N-ethylhexedrone)
(iv) A plastic bag enclosing a further plastic bag containing a substance in the form of compressed white powder[34] (N-ethylhexedrone)
(v) A plastic bag containing two small plastic bags containing 1 and a half white tablet[35] (Alprazolam);
(g)A bundle of $100 and $50 notes totaling $1500;
(h)A bundle of $50 notes totaling $1600;
(i)A black handbag containing a brown glass jar containing viscous liquid[36] (1,4-butanediol)
[31] Item 143
[32] Item 144
[33] Item 146
[34] Item 148
[35] Items 149, 150
[36] Item 151
Balcony
A search of the balcony was conducted by police, who located a large glass bowl containing a brown liquid with an acidic odour on top of the BBQ. A police forensic chemist was requested to attend and assess the scene as police suspected that the large glass bowl containing a brown liquid was part of a clandestine laboratory. Police stopped searching, evacuated the apartment and established the apartment as a crime scene.
Storage Cage
Police then attended the level 2 car park of 90 Lorimer Street Docklands and executed a search warrant on the storage cage allocated to apartment 2603. Police conducted a search of the storage cage, where they located the following items:
(a)A red “Maxines” bag containing:
(i) A set of knuckle dusters (summary charge 10);
(ii) A respirator face mask;
(iii) A folding pocket knife ;
(iv) A set of digital scales;
(v) Multiple deal bags which, when analysed, contained:
a. Fluorodeschloroketamine and N-ethylhexedrone[37]
[37] Item 99 – 0.3gram
b. 4-Bromo-2,5-dimethoxyphenethylamine (2C-B / Nexus)[38]
[38] Item 101 – 1.0gram
c. N-ethylhexedrone and cocaine[39]
[39] Item 103 – 1.1grams
d. N-ethylhexedrone[40]
[40] Item 105 – 6.1grams; Item 107 – 7.0grams; Item 110 – 0.1gram; Item 111 – 8.1grams; Item 120 – 0.1gram
e. MDMA[41]
[41] Item 109 – 0.9gram
f. Fluorodeschloroketamine[42]
[42] Item 113 – 5.2grams; Item 115 – 0.4gram; Item 117 – 0.5gram
g. Tadalafil[43] (schedule 4 poison)
[43] Item 114
(vi) Several glass vials found to contain:
a. Stanozolol[44]
[44] Item 83 – 9.3grams; Item 85 – 10grams, Item 93 – 5.1grams
b. Testosterone[45]
[45] Item 87 – 9.5grams; Item 97 – 8.2grams
c. Testosterone, Drostanolone & Trenbolone[46]
[46] Item 89 - 6.7grams; Item 91 - 9.8grams; Item 95 - 9.3grams
(vii) A small metal tin containing various tablets as follows:
a. Diazepam[47]
[47] Item 119 - 0.2 gram
b. Alprazolam[48]
[48] Item 121 – 06gram; Item 122 – 0.2gram
(viii) A fake money note pad with hand written instructions that are consistent with methodology for manufacturing drugs of dependence;
(ix) A box of gas cartridges;
(b)A rubbish bin containing a conical flask marked "2000 mL" containing a brown liquid and white solid with a strong acidic odour. Police suspected that this conical flask was also part of a clandestine laboratory set up and as a result police stopped searching. A police forensic chemist and members from the Clandestine Laboratory Squad attended.
(c)The contents of the conical flask were subsequently decanted and examined by Ian Neely and found to contain N-ethylhexedrone[49] as follows:
(i)Liquid: 829.5 grams, 0.9% purity; and
(ii)Solid: 642.2 grams, 87% purity.
(d)Fingerprint analysis identified the accused’s Right Index (2 prints) and Right Ring Finger (1 print)
[49] Exhibit 26
Clandestine Laboratory Squad Search
The forensic chemist and the members from the Clandestine Laboratory Squad conducted a search of the apartment and the storage cage during which they seized the following items:
(a)The glass bowl (referred to in paragraph 6) containing bi-Iayered liquid[50] and orange solid. Fingerprint analysis revealed the accused’s left index fingerprint on this exhibit. The liquid was decanted and:
(i)analysis of the solid identified N-ethylhexedrone[51];
(ii)analysis of the liquid identified N-ethylhexedrone and MEAP[52]
(b)A glass jug containing liquid and solid[53]. The liquid was decanted and:
(i)analysis of the solid identified N-ethylhexedrone and MEAP[54]
(ii)analysis of the liquid identified N-ethylhexedrone and MEAP.[55]
[50] Exhibit 1
[51] Statement of Ian Neely – 0.6g
[52] Exhibit 2 Statement of Ian Neely - 313.8grams 0 8% purity
[53] Exhibit 3
[54] 2.7grams, purity not determined
[55] Exhibit 4 398grams, 0.9% purity
A glass jug containing liquid[56]. The liquid was decanted and analysis of the liquid identified N-ethylhexedrone[57]
[56] Exhibit 5
[57] Exhibit 6 375grams 1.1% purity
A glass beaker labelled "300 mL" containing liquid and solid[58]. A fingerprint from the accused’s right middle was identified on this exhibit. The decant was analysed and found to contain N-ethylhexedrone and MEAP[59].
[58] Exhibit 7
[59] Exhibit 8 - 199.6grams 1.7% purity
A glass beaker labelled "1000 mL" containing solid was analysed and found to contain MDA[60]
[60] Exhibit 9 - .07gram 48% purity
A round glass bowl containing liquid and solid[61]. The liquid was decanted and:
(a)Analysis of the solid identified N-ethylhexedrone and cocaine[62]
(b)Analysis of the liquid identified N-ethylhexedrone and cocaine[63]
[61] Exhibit 57
[62] 45.5 grams 1.8% purity
[63] 7.5grams purity not determined
A glass container in the shape of a skull containing liquid and traces of solid contained Procaine and Benzocaine[64], both schedule 4 poisons.
[64] Exhibit 13
A glass container in the shape of a skull containing tri layered liquid and solid also contained Procaine and Benzocaine[65]
[65] Exhibit 14
A glass container in the shape of a skull containing liquid and solid contained Procaine[66]. The accused left thumb print was identified on this exhibit.
[66] Exhibit 17
A plastic bottle labelled "Diggers Low Odour Kerosene" containing liquid was analysed and identified cocaine.[67]
[67] Exhibit 18
A glass beaker labelled "600 ml," containing liquid and solid[68]. The liquid was decanted and:
(a)Analysis of the solid identified N-ethylhexedrone, methylamphetamine, fluorodeschloroketamine and cocaine[69];
(b)Analysis of the liquid identified N-ethylhexedrone, methylamphetamine, fluorodeschloroketamine and cocaine[70]
[68] Exhibit 19
[69] 1.2 grams purity not determined
[70] Exhibit 20 - 2.8grams, purity not determined
A glass flat bottom round flask labelled "500 rnl”, in which no drugs were detected[71]:
[71] Exhibit 21
A conical flask labelled "250 mL" containing traces of solid;, a washing of which identified Procaine[72].
[72] Exhibit 22
A broken glass beaker labelled "1000 mL" – no drugs detected[73];
[73] Exhibit 23
A brown glass bottle with a white lid containing liquid and solid – no drugs detected[74];
[74] Exhibit 24
A brown glass bottle with a white lid containing liquid and solid identified as containing 1-4 butanediol[75].
[75] Exhibit 27, 46.4grams
ARREST AND INTERVIEW
Volkan and Ragaisyte were placed under arrest and taken to the Melbourne West police station for questioning.
In his interview the accused said that the bowl of orange liquid on the barbeque was a mixture of vinegar, sodium hydroxide, acetone and a variety of other substances that he uses to clean the barbeque[76].
[76] Q&A 278-282
He said that the other glassware from the BBQ contained pre- workout that was in the process of having the colour removed from the substance[77]. He said that the storage cage just had old stuff in it[78]. He said the item in the bin that looked the same as the item on the BBQ was a pre- workout drug that he had made which gave heaps of energy for the gym[79] The accused said that he manufactured the pre-workout substances upstairs and he was excited about it. He had studied books to work out how to make it and he was going to sell it on e-bay[80]
[77] Q&A 291-297
[78] Q&A 345
[79] Q&A 360-376
[80] Q&A 360-390
The accused initially gave his address as 4 Rene Street Beaumaris, however, admitted during the interview that he is renting apartment 26031 90 Lorimer Street Docklands for approximately $750 per week. The accused said that he had been at Docklands apartment since October 2016[81] (summary charge 6 - contravene conduct condition of bail)
[81] Q&A 311-318
The accused admitted that he is a regular user of GHB and that he has strong withdrawal symptoms when he stops using it. The accused stated that he initially started using GHB as a body building supplement and has become addicted to it since. The accused initially stated that the only illegal substances in the apartment were the bottles of GHB[82].
[82] Q&A 111-114,122-136
Mobile Phone Analysis and Footage
Analysis of the accused’s mobile phone revealed: a video taken on the 21st of January 2017 showing the accused wearing a respirator mask; several photographs taken of large quantities of white powder and cash; photographs of a black knife and 4 sets of knuckle dusters consistent with those located by police during the search warrant. Phone analysis also showed that the accused had visited websites related to the manufacture of drugs.
On 2 February 2017 at approximately 8:12 pm, the accused was captured on building CCTV footage carrying the orange and black coloured vacuum cleaner from his storage cage on the level 2 car park of 90 Lorimer Street Docklands.
CHARGES
Refer statement of Ian Neely[83] and Certificate of Analyst of Graeme Wilson[84]
[83] Depositions, statement of Ian Neely -page 4
[84] Depositions, certificate of Graham Wilson – pages 109-110
It is the prosecution case that the accused had the various drugs of dependence in his possession for sale.
It is conceded the accused also used the 1-4 butanediol for personal use.
Charge 1 – Traffick Drug of Dependence: N-ethylhexedrone; methylamphetamine; fluorodeschloroketamine and cocaine (s.71AC DPCSA).
2-(ethylamino)-1-phenylhexan-1-one (N-ethylhexedrone) is an analogue of 2-methylamino-propiophenone (methcathinone).
2-(ethylamino)-l -methylphenyl) pentan-l -one (MEAP) is also an analogue of methcathinone.
Methcathinone (and its analogues) is listed as a drug in column 1 of Part 1 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981.
Fluorodeschloroketamine is an analogue of Ketamine. Katamine, and its analogues, is listed as a drug in column 1 of Part 3 of Schedule Eleven to the Drugs, Poisons and Controlled Substances Act 1981.
N-ethylhexedrone was found in Exhibits 1, 6(top layer), 26(liquid) and 26(solid), 74, 105, 107, 110, 111, 120, 125, 127, 130, 133, 135, 144, 146 and 148.
MEAP was found in exhibits 44, 46, 49, 51, 58, 59, 60, 72, 73 and 75.
Mixed substances were identified in the following:
(a)Exhibits 2(bottom layer), 3, 4(bottom layer) and 8(bottom layer) and items 69 and 71 containing N-ethylhexedrone and MEAP.
(b)Exhibits 10, 11 and items 56, 57, 103 containing MEAP and cocaine.
(c)Exhibits 19 and 20 containing N-ethylhexedrone, methylamphetamine, fluorodeschloroketamine and cocaine.
(d)Item 99 containing fluorodeschloroketamine and N-ethylhexedrone.
| No. | Description | Chemist | Substance/s | Gram | |
| 44 | plastic bag containing a substance in the form of light brown powder | Graeme WILSON | MEAP | 0.7 | |
| 46 | plastic bag enclosing a further plastic bag containing a substance in the form of light brown powder | Graeme WILSON | MEAP | 0.7 | |
| 49 | plastic bag containing a substance in the form of brown powder | Graeme WILSON | MEAP | 1.4 | |
| 51 | plastic bag containing a substance in the form of off-white crystals | Graeme WILSON | MEAP | 0.9 | |
| 56 | plastic bag containing a substance in the form of light brown powder | Graeme WILSON | MEAP Cocaine | 0.8 | |
| 57 | plastic bag containing a substance in the form of yellow powder | Graeme WILSON | MEAP Cocaine | 0.3 | |
| 58 | plastic bag containing a substance in the fonn of off-white powder | Graeme WILSON | MEAP | 0.4 | |
| 59 | plastic bag containing a substance in the form of yellow powder | Graeme WILSON | MEAP | 0.3 | |
| 60 | plastic bag containing a substance in the fonn of off-white powder | Graeme WILSON | MEAP | 0.2 | |
| 69 | a plastic bag containing a substance in the form of light brown powder and dark brown powder | Graeme WILSON | MEAP N-ethylhexedrone | 1.5 | |
| 71 | a plastic bag containing a substance in the form of yellow powder | Graeme WILSON | MEAP N-ethylhexedrone | 2.3 | |
| 72 | a plastic bag containing a substance in the form of white powder | Graeme WILSON | MEAP | 0.1 | |
| 73 | a plastic bag containing a substance in the form of off-white powder | Graeme WILSON | MEAP | 0.2 | |
| 74 | a plastic bag containing a substance in the form of brown powder | Graeme WILSON | N-ethylhexedrone | 0.5 | |
| 75 | a plastic bag containing a substance in the form of white powder | Graeme WILSON | MEAP | 21.6 | |
| 99 | plastic bag containing a substance in the form of off-white powder | Graeme WILSON | Fluorodeschloroketamine N-ethylhexedrone | 0.3 | |
| 103 | plastic bag containing a substance in the form of white powder | Graeme WILSON | N-ethylhexedrone Cocaine | 1.1 | |
| 105 | plastic bag containing a substance in the form of yellow crystals | Graeme WILSON | N-ethylhexedrone | 6.1 | |
| 107 | plastic bag containing a substance in the form of white powder | Graeme WILSON | N-ethylhexedrone | 7.0 | |
| 110 | plastic bag containing a substance in the form of white powder. | Graeme WILSON | N-ethylhexedrone | 0.1 | |
| 111 | plastic bag containing a substance in the form of yellow powder | Graeme WILSON | N-ethylhexedrone | 8.1 | |
| 120 | a plastic bag containing a substance in the form of white powder | Graeme WILSON | N-ethylhexedrone | 0.1 | |
| 125 | 1 x small yellow metal container containing yellow crystal substance | Graeme WILSON | N-ethylhexedrone | 0.8 | |
| 127 | 1 x small plastic bag containing yellow crystal substance | Graeme WILSON | N-ethylhexedrone | 0.2 | |
| 130 | 1 x small plastic deal bag with red stars containing white powder substance | Graeme WILSON | N-ethylhexedrone | 0.2 | |
| 133 | 1 x white plastic container with black lid containing white powder | Graeme WILSON | N-ethylhexedrone | 6.2 | |
| 135 | 1 x plastic zip lock bag containing a substance in the form of white powder | Graeme WILSON | N-ethylhexedrone | 5.5 | |
| 144 | plastic bag containing a substance in the form of white powder | Graeme WILSON | N-ethylhexedrone | 3.5 | |
| 146 | a plastic bag enclosing a further plastic bag containing a substance in the form of compressed white powder | Graeme WILSON | N-ethylhexedrone | 0.7 | |
| 148 | a plastic bag enclosing a further plastic bag containing a substance in the form of compressed white powder. | Graeme WILSON | N-ethylhexedrone | 0.5 | |
| 1 | Large glass bowl containing bi-layered liquid(orange solid in bowl) | Ian NEELY | Left index finger (Volkan) N-ethylhexedrone | 0.6 | |
| 2 | Liquid decant from exhibit 1 (bottom layer) | Ian NEELY | N-ethylhexedrone MEAP | 313.8 | 8% |
| 3 | Glass jug containing liquid and solid | Ian NEELY | N-ethylhexedrone MEAP | 2.7 | |
| 4 | Decant from exhibit 3 (bottom layer) | Ian NEELY | N-ethylhexedrone MEAP | 398.0 | 0.9% |
| 5 | Glass jug containing liquid | ||||
| 6 | Liquid decant from exhibit 5 (top layer) | Ian NEELY | N-ethylhexedrone | 375.0 | 1.1% |
| 7 | Glass beaker labelled “300 ml” containing liquid and solid | Right middle finger (Volkan) | |||
| 8 | Decant from exhibit 7 (bottom layer) | Ian NEELY | N-ethylhexedrone MEAP | 199.6 | 1.8% |
| 10 | Round glass bowl containing liquid and solid | Ian NEELY | N-ethylhexedrone Cocaine | 45.5 | 1.8% |
| 11 | Decant from exhibit 10 | Ian NEELY | N-ethylhexedrone Cocaine | 7.5 | |
| 19 | Glass beaker labelled “600 ml” containing liquid and solid | Ian NEELY | N-ethylhexedrone methylamphetamine fluorodeschloroketamine Cocaine | 1.2 | |
| 20 | Decant from exhibit 19 | Ian NEELY | N-ethylhexedrone methylamphetamine fluorodeschloroketamine Cocaine | 2.8 | |
| 26 | Decant from exhibit 24 | Ian NEELY | N-ethylhexedrone. | Liquid: 829.5 Solid 642.2 | 0.9% 87% |
| Total | 2890.7 |
Charge 2 – Possess drug of dependence: 1,4-butanediol (s.73(1)(c) DPCSA).
42. This charge relates to the drug 1,4-butanediol found in the following items: 45, 55, 79, 128, 134, 139, 151, 154, 156, 158, 160 and exhibit 27.
43. The total quantity of 1,4-butanediol located was 1637.0grams
44. The traffickable quantity is 50 grams.
Item Description Chemist Gram 45 a plastic bag containing a dark brown sticky substance Graeme WILSON 0.6 55 a plastic bag containing a substance in the form of yellow powder Graeme WILSON 0.2 79 a glass jar containing a substance in the form of colourless viscous liquid Graeme WILSON 42.1 128 a plastic bottle containing a substance in the form of colourless viscous liquid Graeme WILSON 525.1 134 a plastic container enclosing a substance in the form of colourless viscous liquid Graeme WILSON 6.0 139 a plastic bottle containing a substance in the form of colourless viscous liquid Graeme WILSON 10.7 151 a glass bottle containing a substance in the form of colourless viscous liquid Graeme WILSON 39.3 154 a plastic bottle containing a substance in the form of colourless viscous liquid Graeme WILSON 341.1 156 a plastic bottle containing a substance in the form of colourless viscous liquid Graeme WILSON 209.9 158 a plastic bottle containing a substance in the form of colourless viscous liquid Graeme WILSON 155.7 160 a plastic bottle containing a substance in the form of colourless viscous liquid. Graeme WILSON 259.9 27 Brown glass bottle with white lid containing liquid and solid Ian Neely 46.4 TOTAL 1637.0
Charge 3 – Possess Drug of Dependence: lysergic acid diethylamide (LSD) (s. 73(1)(c) DPCSA).
45. This charge relates to LSD found in items 64(i-iii), 68(i-x). The total quantity of the substances, which included the LSD, was 265 miligrams. The total quantity of LSD was less than 50 milligrams.
Item Description Chemist mg 64i substance in the form of a piece of multi-coloured card Graeme WILSON 20 64ii substance in the form of a piece of multi-coloured card Graeme WILSON 21 64iii substance in the form of a piece of multi-coloured card Graeme WILSON 20 67 Packaging (item 54-66 in plastic container with various compartments) Graeme WILSON 68i substance in the form of a piece of multi-coloured card Graeme WILSON 20 68ii substance in the form of a piece of multi-coloured card Graeme WILSON 20 68iii substance in the form of a piece of multi-coloured card Graeme WILSON 20 68iv substance in the form of a piece of multi-coloured card Graeme WILSON 20 68v substance in the form of a piece of multi-coloured card Graeme WILSON 21 68vi substance in the form of a piece of multi-coloured card Graeme WILSON 21 68vii substance in the form of a piece of multi-coloured card Graeme WILSON 21 68viii substance in the form of a piece of multi-coloured card Graeme WILSON 20 68ix substance in the form of a piece of multi-coloured card Graeme WILSON 20 68x substance in the form of a piece of multi-coloured card Graeme WILSON 21 TOTAL 265
Charge 4 – Posess Drug of Dependence: drostanolone, tremolone and testosterone (s.73(1)(c) DPCSA).
46. Charge 4 relates to the drostanolone derivative, trembolone derivative and testosterone found in items 87, 89, 91, 93, 95, 97
Item Description Chemist Substance/s Gram 87 glass vial containing a substance in the form of yellow viscous liquid Graeme WILSON Testosterone 9.5 89 glass vial containing a substance in the form of yellow viscous liquid Graeme WILSON Testosterone
Drostanolone
Trenbolone6.7 91 glass vial containing a substance in the form of yellow viscous liquid Graeme WILSON Testosterone
Drostanolone
Trenbolone9.8 95 glass vial containing a substance in the form of yellow viscous liquid Graeme WILSON Testosterone
Drostanolone
Trenbolone9.3 97 glass vial containing a substance in the form of yellow viscous liquid Graeme WILSON Testosterone 8.2 TOTAL 43.5
Charge 5 - Possess Drug of Dependence: stanozolol (s.73(1)(c) DPCSA).
47. This charge relates to the stanozolol found in items 83, 85 and 93. The total quantity of the substances, which included the stanozolol, was 24.4 grams.
Item Description Chemist Gram 83 glass vial containing a substance in the form of white liquid Graeme WILSON 9.3 85 glass vial containing a substance in the form of white liquid Graeme WILSON 10.0 93 glass vial containing a substance in the form of white and yellow liquid Graeme WILSON 5.1 TOTAL 24.4
Charge 6 - Possess Drug of Dependence: methoxy-N-methyl-N-isopropyltryptamine (s.73(1)(c) DPCSA).
48. Charge 6 relates to the methoxy-N-methyl-N-isopropyltryptamine an analogue of 5-methoxy-N, N-dimethyltryptamine found in items 42 and 61. The total quantity of the substances, which included the methoxy-N-methyl-N-isopropyltryptamine, was 3.5 grams.
Item Description Chemist Gram 42 plastic bag containing a substance in the form of 10 white tablets and white powder Graeme WILSON 2.7 61 a plastic bag containing a substance in the form of three off-white tablets Graeme WILSON 0.8 TOTAL 3.5
Charge 7 - Possess Drug of Dependence: 3,4-Methylenedioxy-N-methylamphetamine (MDMA) (s.73(1)(c) DPCSA).
49. Charge 7 relates to MDMA found in items 45, 62, 63, 109 and 137. The total quantity of the substances, which included the MDMA, was 2.5 grams.
Item Description Substance/s Gram 45 plastic bag containing a dark brown sticky substance 1,4-Butanediol
3,4-Methylenedioxy-N-methylamphetamine (MDMA)
N,N-Dimethyltryptamine
MethylamphetamineGraeme WILSON 0.6 62 capsule containing a substance in the fonn of light brown powder 3,4-Methylenedioxy-N-methylamphetamine (MDMA) Graeme WILSON 0.1 63 plastic bag enclosing a capsule containing a substance in the form of light brown powder 3,4-Methylenedioxy-N-methylamphetamine (MDMA)
3,4-Methylenedioxyamphetamine (MDA)
5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB)Graeme WILSON 0.2 109 plastic bag containing a substance in the form of two dark pink tablets and two dark pink tablet portions 3,4-Methylenedioxy-N-methylamphetamine (MDMA) Graeme WILSON 0.9 137 1 x Cenovis vitamin E container containing 2 x red pills 3,4-Methylenedioxy-N-methylamphetamine (MDMA) Graeme WILSON 0.7 TOTAL 2.5
Charge 8 - Possess Drug of Dependence: Tetrahydrocannabinol (s. 73(1)(c) DPCSA).
50. Charge 8 relates to cannabis referred to in the certificate of Graham Wilson[85] found in item 40. The total quantity of the substances, which included the cannabis, was 2.4 grams
[85] Depositions – page 108
Charge 9 - Possess Drug of Dependence: N,N dimelthyltryptamine (s. 73(1)(c) DPCSA).
51. Charge 9 relates to the N,N dimelthyltryptamine found in items 43, 45 and 54. The total quantity of the substances, which included the N,N dimelthyltryptamine, was 1.8 grams (noting that item 45 contained N,N dimelthyltryptamine mixed with MDMA and other substances totaling 0.6g)
Item Description Chemist Gram 43 plastic bag containing a substance in the form of brown powder Graeme WILSON 0.9 54 plastic bag containing a substance in the form of compressed brown powder Graeme WILSON 0.3 TOTAL 1.2
Charge 10 - Possess Drug of Dependence: 4- Bromo-2, 5-dimethoxyphenethylamine (s. 73(1)(c) DPCSA).
52. Charge 10 relates to the 4- Bromo-2, 5-dimethoxyphenethylamine referred to in the certificate of Graham Wilson found in item 101 (plastic bag containing a substance in the form of five pink mottled tablets) seized in the search. The total quantity of the substances, which included the 4- Bromo-2, 5-dimethoxyphenethylamine, was 1 gram.
Charge 11 - Possess Drug of Dependence: quinalbarbitone (s. 73(1)(c) DPCSA).
53. Charge 11 relates to the quinalbarbitone found in items 65 and 66. The total quantity of the substances, which included the quinalbarbitone, was 0.6 of a gram.
Item Description Chemist Gram 65 substance in the form of a red capsule (mass of capsule and contents: 0.2 gram Graeme WILSON 0.2 66 substance in the form of two red capsules (mass of capsules and contents: 0.4 gram). Graeme WILSON 0.4 TOTAL 0.6
Charge 12 - Possess Drug of Dependence: alprazolam (s. 73(1)(c) DPCSA).
54. Charge 12 relates to the alprazolam referred to in the certificate of Graham Wilson found in items 121, 122, 149 and 150. The total quantity of the substances, which included the alprazolam, was less than 0.5 of a gram.
Item Description Chemist Gram 149 a substance in the form of a white rectangular tablet (mass: 0.3 gram). Graeme WILSON >0.5 150 a substance in the form of a white tablet portion (mass: 0.1 gram). Graeme WILSON >0.5 121 a plastic bag containing a substance in the form of a white rectangular tablet and two white
tablet portions (mass: 0.6 gramGraeme WILSON >0.5 122 a substance in the form of a white tablet portion (mass: 0.2 gram Graeme WILSON >0.5
Charge 13 - Possess Drug of Dependence: 3,4-Methylenedioxyamphetamine (MDA) (s. 73(1)(c) DPCSA).
55. This charge relates to the MDA referred to in Ian Neely’s statement found in exhibit 9, a glass beaker located in the BBQ cupboard. The total of the substance, which included the MDA, was 0.7 of a gram. The purity of the MDA was 48%.
56. Charge 13 also relates to the MDA referred to in the certificate of Graham Wilson found in item 63. The total quantity of the substances, which included the MDA, was 0.2 of a gram.
Charge 14 - Possess Drug of Dependence: 5-(2-aminopropyl)-2, 3-dihydrobenzofuran (s. 73(1)(c) DPCSA).
57.
Charge 14 relates to the 5-(2-aminopropyl)-2, 3-dihydrobenzofuran an analogue of-5-aminopropylbenzofuran referred to in the certificate of Graham Wilson found in item 63 seized in the search. The total quantity of the substances, which included the 5-(2-aminopropyl)-2, 3-dihydrobenzofuran, was 0.2 of a gram.
Charge 154 - Possess Drug of Dependence: diazepam (s. 73(1)(c) DPCSA).
58. Charge 15 relates to the diazepam referred to in the certificate of Graham Wilson[86] found in item 119. The total quantity of the substances, which included the diazepam, was 0.2 of a gram.
[86] Depositions – page 112
Summary charges 3, 6, 7, 10, 15, 17, 18, 20, 53, 54;
(charges 4, 5, 16, 19, 47, 48, 49, 50, 51, 52 not proceeding)
59. At the time of committing these offences, the accused was on bail[87] in relation to another matter.
[87] Depositions page132-134
(i)Charge
4, 5,15,16, 17, 18,19, 20 – commit indictable offence whilst on bail(ii)Contravene conduct condition of bail:
-Charge 6 - for failing to reside at 4 Rene Street Beaumaris.
-Charge 7 - for using drug/s of dependence
60. Charge 3 – possess controlled weapon (black handled machete[88]) located inside the cupboard opposite the front door.
[88] Exhibit 13
61. Charge 10 – possess prohibited weapon (knuckledusters) located in a red “Maxines” branded sports bag in the storage locker.[89]
[89] Statement of Jake FERGUSON, depositions page 119
62.
Charge 47 – possess schedule 4 poison (Lidocaine)63.
Charge 48 – possess schedule 4 poison (procaine)64.
Charge 49 – possess schedule 4 poison (Topiramate)65.
Charge 50 – possess schedule 4 poison (Tadalafil)66.
Charge 52 – possess schedule 4 poison (Benzocaine)67. Charge 53 - possess prohibited weapon (hunting knife in sheath[90]) located inside the cupboard opposite the front door.
[90] Exhibit 14
68. Charge 54 – refer para 5
MAXIMUM PENALTIES
Traffick drug of dependence s.71AC DPCSA 15 years
Possess drug of dependence s.73(1)(c) DPCSA 5 years
Commit indictable offence whilst on bail s.30B Bail Act 3mths/ 30PU
Contravene conduct condition of bail s.30A Bail Act 3yrs/ 30 PU
Possess schedule 4, 8 or 9 poison s.36B(2) DPCSA 10PU
Possess prohibited weapon s5AA CWA[91] 2yrs/ 240PU
[91] Control of Weapons Act 1990
Possess controlled weapon s6CWA 1yr/ 120 PU
Resist emergency worker s.51(2) SOA[92] 6mths/ 60PU
[92] Summary Offences Act 1966
PSD and CHRONOLOGY
69. PSD is to be confirmed
70. Chronology:
| 20 January 2017 | Accused enters into trial bail Greaney matter |
| 3 February 2017 | Warrant executed DPCSA Gibson matter |
| 4 February 2017 | In person bail application. Remanded to filing hearing Gibson matter |
| 21 March 2017 | HUB due Bail application before Magistrate Dawes – refused. Gibson matter |
| 7 April 2017 | Notice of Ceasing to Act – James Dowsley |
| 1 May 2017 | Stephen Andrianakis – has been contacted to act and will appear at committal mention on 2 May 2017 seeking adjournment – Gibson matter |
| 2 May 2017 | Committal mention Gibson matter |
| 30 May 2017 | Committal mention. Committal listed 26 October 2017 Gibson matter |
| 7 June 2017 | Consolidated case dealt with at Melbourne Magistrates’ Court: - White matter - Aggregate 48 days (time served) and pay compensation $2028.36 - Gibson matter (driving offences)- Aggregate $1300 fine with other traffic matters - Other driving matters NB; charge 1 – Fail to appear (White matter) was not incorporated in the consolidated case (copy attached). |
| 3 July 2017 | Funding mention Greaney matter |
| 24 July 2017 | Bail application before Magistrate Dawes – did not proceed. Adjourned to 7 August 2017 Gibson matter |
| 7 August 2017 | Bail application before Magistrate Dawes Gibson matter |
| 14 August 2017 | Directions hearing Greaney matter. |
| 25 August 2017 | Bail application decision before Magistrate Dawes - refused Gibson matter |
| 28 August 2017 | Further FDH Greaney matter. Def application to adj. Listed Monday, 4 September 2017 for further directions hearing. |
| 4 September 2017 | Directions Hearing – bail revoked Greaney matter |
| 18 September 2017 | Prosecution application to adjourn committal Gibson matter. Adj to 11/12/17. Informant no longer required for XXN. Substituted Ian Neely . Gibson matter. |
| 16 October 2017 | County Court Trial Greaney matter – Resolved. Plea hearing. Adj to 3/11/17 for sentence |
| 26 October 2017 | Committal Gibson matter. Vacated. |
| 3 November 2017 | Sentence Greaney matter TES: 15 months imprisonment, 8mths NPP, PSD 60 days |
| 1 December 2017 | Committal Gibson matter. Chemist Ian Neely XXN. Accused committed |
| 21 December 2017 | IDH County Court. Trial date set – 2 July 2018. FDH – 1 May 2018. Funding mention - 26 March 2018. |
| 21 February 2018 | General Crime List not sitting 26 March 2018. Matter adjourned to 6 April 2018 |
| 6 April 2018 | No appearance by defence. Administratively adjourned to 20 April 2018 |
| 10 April 2018 | Extension to due date granted for filing of prosecution documents |
| 20 April 2018 | Funding mention. New solicitors for defence. VLA application in train. FDH vacated and re-listed 2 May 2018 to coincide with VLA attendance at court on Wednesdays |
| 2 May 2018 | Matter still running as a trial. VLA funding not in place. Listed for further FDH and funding mention – 30 May 2018 |
| 30 May 2018 | Delay in funding, now approved. Defence seek two week adj to enable new counsel to get across matter. Def Response due 13 June. Further FDH 14 June 2018. |
| 7 June 2018 | Defence offer received, accused disputes substances |
| 13 June 2018 | Defence response filed |
| 14 June 2018 | Defence instructed to apply for adjournment. Flag possibility matter may settle. Further DH listed – 22 June 2018 |
| 22 June 2018 | Defence advise no longer seeking their own expert. Defence instructed to apply for adjournment, instructions do not provide grounds for making that application. Adjournment refused. Further DH listed – 28 June 2018 |
| 27 June 2018 | Plea offer made. |
| 27 June 2018 | New defence solicitors. Plea offer received. |
| 28 June 2018 | 9am list. Funding in issue. Matter adjourned to 10.30 to allow negotiations to continue. |
| 28 June 2018 | Draft plea indictment provided to defence |
| 28 June 2018 | 2.15pm. Matter resolved. Accused arraigned. Plea hearing listed 11 October 2018 |
ORDERS SOUGHT
71. Disposal of the drugs and paraphernalia
72. Disposal of the prohibited and controlled weapons
73. Forfeiture of the $3,100 cash seized
74. No s.464ZF sought as the accused is already profiled