Director of Public Prosecutions v Walker

[2015] VCC 160

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

AT MELBOURNE
CRIMINAL JURISDICTION

Case No. CR-15-00170

DIRECTOR OF PUBLIC PROSECUTIONS

v

PETER JOHN WALKER

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JUDGE:	CHIEF JUDGE KIDD
WHERE HELD:	Melbourne
DATE OF HEARING:	4 November 2015
DATE OF SENTENCE:	17 February 2016
CASE MAY BE CITED AS:	DPP v WALKER
MEDIUM NEUTRAL CITATION:	[2015] VCC 160

REASONS FOR SENTENCE
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Subject:  CRIMINAL LAW

Catchwords:  Sentence – Trafficking commercial quantity of methylamphetamine – firearms offences and others – guilty plea – custodial hardship – advanced age of offender relevant in sentencing – disadvantaged background

Legislation Cited:     

Cases Cited:The Queen v RLP [2009] VSCA 271, R v Verdins; R v Buckley; R v Vo [2007] VSCA 102

Sentence:TES Seven years, two months imprisonment, non-parole period of 4 years 4 months.            

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APPEARANCES:	Counsel	Solicitors
For the DPP	Mr M Regan	Solicitor for the DPP
For the Accused	Mr I Hayden	Jack Dalziel, Ellinghaus & Lindner

HIS HONOUR: 

1Peter Walker, you have pleaded guilty to an indictment containing one charge of use false document, Charge 1; four charges of possession of substances, material, documents or equipment for trafficking in a drug of dependence, Charges 2 to 5; one charge of trafficking in a drug of dependence, a commercial quantity, Charge 6; two charges of possessing an unregistered Category E longarm, Charges 7 & 13; one charge of possessing a registered Category D longarm, Charge 8; one charge of possessing unregistered Category C longarms, Charge 9; one charge of possessing a registered Category C longarm, Charge 10; one charge of possessing an unregistered Category A and B longarms, Charge 11; one charge of possessing unregistered general category handguns, Charge 12; one charge of dealing with proceeds of crime, Charge 14; and one charge of giving false or misleading information in relation to a foreign document application.

2Further, you have pleaded guilty to eight related summary charges, including one charge of possession of two registered Category A longarms; one charge of possession of two registered Category B longarms; one charge of possession of six silencers; one charge of possession of cartridge ammunition; one charge of possession of prohibited weapons, namely three tasers; and a further two charges of dealing with proceeds of crime.

3The details of the charges are outlined in Annexure A to my sentence, which I will not read, but which will be attached to the revised reasons.  

4Mr Hayden appeared on your behalf at the plea hearing and Mr Regan appeared on behalf of the Director.

Maximum Penalties

5The maximum penalties for each charge is identified in a sentencing table, which is an addendum to these reasons, and which I will incorporate into these reasons.

Circumstances Of Offending

6

I turn first to the circumstances of your offending.  This offending is detailed in Exhibit A, the summary of prosecution opening, which was accepted by your counsel as representing the facts upon which I am to sentence you,

Mr Walker.  The facts require some recitation, however.

False licence, the purchase of 12 Byrne Street, Yaapeet  (Charge 1)

7

A man by the name of Frederick Sharp died in hospital at Geelong on

30 June 2006.  Following his death, Mr Sharp’s widow, Kathleen Davis moved next door to her half-sister and your wife, Faye Walker, in Wyndham Vale.  Ms Davis lived next door to you for about three years, during which she progressively began throwing away and disposing of documents relating to her late husband, Frederick Sharp.

8You set out assuming Frederick Sharp’s identity as an additional identity.

9On 23 March, you had a photograph taken for a replacement Victorian driver’s licence for Frederick Sharp.

10On 19 March 2012, you opened a Bendigo Bank account and started a post office box in the name of Frederick Sharp, using the same driver's licence.

11

On 29 March 2012, identifying yourself as “Fred Sharp”, you met with an estate agent to inspect and offer to purchase 12 Byrne Street, Yaapeet. 

I shall refer to this as "The Yaapeet property".  You signed the Contract of Sale for Real Estate, acting as “Frederick Sharp”.  In purchasing this property, you used the post office box address in the name of Frederick Sharp. 

12A long-standing Yaapeet resident, who I shall refer to as "NV", had been permitted by the deceased's previous owner of 12 Byrne Street, to put livestock on the property to keep grass down.  You introduced yourself to NV as “Fred” on 25 May 2012.

13In September 2012, NV noticed that a blue shipping container had been delivered to the Yaapeet property, and after seeing that, a makeshift screen had been constructed between the container and the back door of the residence and attached disused shop, and I shall refer to this as "The residence". 

14In late-2012 and early-2013, NV noticed some activity on the property, and on various occasions, smelled a strong and pungent fertilizer smell, a chemical smell and a sweetish smell coming from the property on different occasions.  NV told police that after meeting the man “Fred” at the property on 25 May 2012, she saw you there "on several other occasions".

Drug related activities and charges at the Yaapeet property

15I turn to the drug related activities and the charges at the Yaapeet property.  On 14 March 2013 at 10.30 am, police executed a search warrant, taken out under the Drugs, Poisons and Controlled Substances Act at the Yaapeet property and searched the residence, as well as the inside of the shipping container.

16Police located a clandestine drug manufacturing laboratory in a shipping container, which was locked with a padlock, and in the residence located on the Yaapeet property.  A significant quantity of substances, equipment, chemicals and methylamphetamine was located.  The contamination evidence indicated that the main cooking areas at the location had been in a bedroom and bathroom in the residence. The work areas within the residence had been carefully cleaned and the equipment was meticulously stored.  It was apparent that the equipment in the shipping container had also been packed away with care.   

17Some 30.8 grams of methylamphetamine, with a purity of 60 per cent, was found inside a tube in the shipping container, located in a clear plastic bag, placed in a blue bag found in the tub. A further 224.1 grams of methylamphetamine, with a 70 per cent purity, was found in the shipping container inside the tub. This amounts to a total of 189.4 grams of pure methylamphetamine being located on the Yaapeet property. The commercial quantity threshold under the Drugs, Poisons and Controlled Substances Act 1981, specifies 100 grams of pure methylamphetamine as the minimum threshold, commercial quantity.

18There was a vast amount of equipment, chemicals and substances found on the premises and in the shipping container, intended for use in the manufacture of methylamphetamine.

19Forensic officer, Wayne Mitchell, opined that the variety of substances located could be used to manufacture intermediate precursor chemicals, which could then be used for the final stages of methylamphetamine manufacture.  Mitchell identified that three distinct chemical processes were achievable by using the materials and substances found on the property at Yaapeet.

20The equipment and glassware removed is itemised in Schedule A attached to the indictment and contained in the folder of photographs, numbered 1 to 515 and labelled “Photo Book C”.  The substances and the equipment and glassware, relates to Charge 2.

21The substances found in the shipping container were, insofar as they related to Charge 3, 7,873.5 grams of Phenylacetic acid; approximately three litres of Benzaldehyde; 33.5 litres of Acetic anhydride; 830.8 grams of Mercuric Chloride; 75.8 of Hypophosphorous acid. 

22Additionally, some 1.957 kilograms of Phenyl-2-Propanone was located, that is Charge 5, as well as 6,304 grams, in other words 6.3 kilograms, pure, of 1-Phenyl-2-Nitropropene, which is the subject of Charge 4.

Firearm related charges at the Yaapeet property

23The firearm related offences at the Yaapeet property.  It was also immediately apparent to investigators, upon opening of the shipping container, that apart from drug-related substances and equipment, there was a substantial cache of firearms and ammunition intermingled with the drug-related items.  DNA matching yours was found on most of the items.  Firearms were also located inside a large galvanised steel trunk and inside vinyl gun covers, or wrapped in towels.

Firearm charges at the Wyndham Vale property

24

The firearm charges at Wyndham Vale property.  On 14 March 2013 at

2.14 pm, police executed a search warrant at your home in 1 Cullen Drive, Wyndham Vale.  A search warrant was served for the purposes of obtaining evidence in relation to the false documentation investigation, in relation to the purchase of Yaapeet.  Early in the search, you were asked, “Do you have any firearms here?” to which you replied, “Yeah, a nasty one in the back shed”.  In the unlocked galvanized steel garden shed, police found an operable 9 millimetre Austen submachine gun in a white hessian bag, together with two cartridges and two part-full boxes of 9 millimetre ammunition.

Arrest, Passport Charge, Dealing in Proceeds of Crime (Commonwealth charges)

25I now turn to your arrest to a passport related charge and to a dealing in proceeds of crime charge.  These two charges are Commonwealth charges.  On 14 February 2014, you were arrested at Perth Airport while you were waiting to board a one-way Qantas flight to London.  You were travelling on a valid UK passport in your own name.

26You had in your possession currency, which forms the basis of an additional charge against you.  These were undeclared moneys, comprising AUD$103,300, £1,000 Sterling and USD$20,596, for which you had been initially detained, after not having declared the cash amounts in your outgoing passenger card.

27You also had in your possession, in your luggage, a UK passport in Frederick Sharp’s name, which contained a photograph of you, but otherwise contained the details of the deceased man, Fred Sharp.  You have pleaded guilty to the offence of providing false or misleading information in connection with this passport application, namely that a photograph of you, was in fact, a true photograph of Frederick Sharp.  

28In addition to this passport, a variety of identity documents in Federick Sharp’s name, which included the Victorian driver’s licence in Sharp’s name with your photograph, were found in your luggage.   

29The fact that you were travelling with a significant amount of undeclared currency and you were in possession of this UK passport, bearing your facial image, together with your admitted drug offences, led to a reasonable suspicion that the currency was the proceeds of crime, and that forms the basis of Charge 14 and the passport charge is Charge 15.   

Bank Account proceeds of crime offences

30

I turn to the proceeds of crime charges relating to two bank accounts.  Your maintenance of two bank accounts under a false name, founds the balance of the offending, in relation to Charge 7 and 8 of the summary charges.  These offences relate to the residual balances of approximately AUD$5,000 in each of two bank accounts, being the Bendigo Bank and WESTPAC bank account,  which you maintained in the name of

Mr F Sharp.

Interview

31On the 8 April 2014, you were interviewed by police and you exercised your right not to answer police questions

Objective Gravity and Your Role: use of false driver’s licence, the

drug-related offending, the bank account proceeds offending  

32I now turn to the objective gravity and your role, with respect to the false driver's licence offence and the drug related offending and the bank account proceeds offending.

33The drug related offending was a substantial commercial manufacturing operation and required a level of sophistication.

34You have pleaded guilty to trafficking a commercial quantity of methylamphetamine between 1 December 2012 and 14 March 2013.  You fall to be sentenced for having participated in a drug manufacturing enterprise committed over a period of some months.

35The amount of pure methylamphetamine found exceeds the commercial quantity threshold and in indeed approaches twice that amount.

36A level of expertise was required to convert the raw materials into methylamphetamine.

37It is common ground between the parties that there were multiple people involved in the manufacturing enterprise, though I was given very little information concerning the exact number or the roles played by each of these persons.  Your counsel estimated that a total five or more individuals may have been involved.  You were not the sole member of that enterprise, that much is certain.  As I understand it, you are the only one to have been dealt with by the courts.

38Your counsel submitted you were not the financier of the enterprise and that you were not the person with the chemical knowledge or expertise in the enterprise.  I accept this.  I do find, however, that you played a significant role in this enterprise, given the range of tasks carried out by you.  On no view were you subservient in this enterprise, as your counsel accepted.  Whoever the financier was, you were obviously highly trusted.  You were the "owner" of the property where the enterprise took place.  It was you who had purchased the property in an assumed name.  

39Your counsel submitted that you provided labour in support of the production process.  You played a role in packing and tidying the equipment and chemicals up.  You also opened and maintained two bank accounts relating to that enterprise, and those two bank accounts form the basis of the proceeds of crime charges.  You attended the property and were observed there on a number of occasions by neighbours.  On your instructions, you were involved for financial gain.  You had been promised that you would effectively get to keep the Yapeet property for yourself.  You also stood to gain the residue, if any, in the bank accounts which you maintained in Sharp’s name.

40Your counsel submitted that over the course of the charged period, there was an  aborted attempt at cooking the drugs that occurred in the latter part of 2012, and one successful cook or cooking in the early part of 2013.  The prosecution does not challenge this.  I will sentence you upon that basis.  

41The volume of the equipment, chemicals and substances stored at the property was considerable.  It is not possible to assess with any certainty the quantity of methylamphetamine which could have been produced from the 6,304 grams of pure 1-P-2-N that you possessed.  It was, however, common ground on the plea, that this quantity of 1-P-2-N, in conjunction with other intermediate precursors or substances, including the phenylacetic acid and benzaldehyde, had the potential to produce multiple kilograms of methylamphetamine, which is multiple times the large commercial quantity for this drug.  Further, in relation to the P-2-P found, which is part of Charge 5, something in the order of 458 grams of methylamphetamine could potentially have been produced, not far short of the commercial quantity threshold.  The estimates shed some light on the sheer volume of these substances which you possessed.

42In assessing your moral culpability for this offending, I must take into account also your prior criminal history.  I note specifically that you have a 2002 prior conviction for cultivating a commercial quantity of cannabis, for which you received a term of imprisonment.  This increases your moral culpability for the current offending.  I will address this and your other prior matters later in my sentence.

43

As to how you became involved in this manufacturing enterprise, you stated to Ms Carla Lechner, psychologist, and I interpose here that a report of

Ms Lechner was tendered by your counsel on the plea and relied upon on your behalf.  Ms Lechner said the following, quoting you in your explanation for having got involved in the offending:

“Life was humming along and my mate came to me to give him a hand in getting a place, so I gave him a hand.  He was talking about racehorses, not amphetamines and I thought ‘they’ve been fixing races for years'.  It was only after the stuff for the horses was cooked up that more stuff came in.  It started off as something simple and then got complicated and it was too late to extract’.

44Ms Lechner went on to say:

"He stated he was not aware of the specific contents of the containers and had no keys to open it, but ‘knew it was sus’.  He claims he was given the firearm to drop off at the property at Yarpeet.  Mr Walker stated that his  mistake was the ingrained code of ‘never turn down a mate.  If a mate needs a hand, you give a hand'.  I didn’t regard horse race stuff as illegal.  Now I’ve got the bucket, so I’m going to hold it.”

45This may account for how you initially became involved in this activity. However, even on your account, at some point you did become aware of the true scale of the illegal drug activity you had become involved in and continued nonetheless.   

46Overall I assess your moral culpability to be high in relation to the drug related offending.

Objective Gravity: the firearms-related offences and issues of commonality

47I turn to the objective gravity in relation to the firearms-related offences.

48I note at the outset, that you were not classified as a prohibited person and the charges do not involve possession of firearms as a prohibited person.  You have never held a Firearms licence and none of the firearms found were registered to you.

49The scale of your retention of firearms and related material is truly alarming. The fact that you possessed illegally a sub-machine gun at each of the Yaapeet and Wyndham properties, is particularly worrying.  I regard the two charges in relation to the machine guns, being Charges 7 and 13, and Charge 12, being the rolled-up charge of eight weapons, as particularly serious.  The maximum penalty for those charges is seven years' imprisonment.   

50Your counsel submitted that with six exceptions, the guns were being kept on behalf of other criminals and associates and that the shipping container operated as a safe-house or cache for guns.  These individuals were associates of yours, some of whom would visit the property, according to what your counsel told me.  Again it seems that your offending here commenced through your sense of loyalty to help friends and associates out, and before long you were in deeper than you had planned.  Your counsel submitted that you were not receiving a reward for the retention of the weapons.  There is no evidence to establish you received a reward and I am prepared to sentence you on that basis.

51The prosecution does not contend that the retention of cache of guns related to the provision of security or enforcement for the drug manufacturing enterprise. Your possession of the firearms is not associated with any ongoing criminal activity or specific criminal purpose and therefore does not fit within the more serious category of firearm possession explicitly identified by the authorities[1], and I cite Berichon, which of course relates to a "prohibited" person charge, and I am conscious that you are not being sentenced as a prohibited person. 

[1]Berichon v The Queen; Houssein v The Queen [2013] VSCA 319

52Your retention of the weaponry, however, in the form of a "safe house", is nonetheless for the benefit of other criminals.  Indeed, your counsel submitted that associates of yours, fearing raids in places known to the police, left their guns with you.  You were providing an important service to criminals.  In my view, this makes your retention more serious than it might otherwise have been.  Your counsel accepted as much.

53The prosecution appeared to question this "safe house" account upon the basis that your DNA that was found on many of the guns.  Your counsel submitted however, that you do not shy away from the proposition that you would have handled the guns or the weapons to admire them.  I am not persuaded that the presence of your DNA on the weapons is inconsistent with your "safe house" explanation.

54Your counsel submitted that you fancy guns and that you went hunting.  He further submitted that six of the weapons seized formed a collection of guns that were "owned" by you and were retained by you, not on behalf of criminal associates.  These were, the Miroku .22 Lever Action rifle, Charge 11; the Stitz .22 bolt action rifle, Charge 11; the Stirling .22 bolt action rifle, Charge 11; the Stevens Derringer .41 calibre, Charge 12; the Remington Vest Pocket .41, Charge 12; and the Harrington & Richardson 410 gauge, Charge 12.

55It is a concern that a man with your background fancies guns.  You have a number serious prior convictions in which firearms were used, including a shooting with intent to commit grievous bodily harm and two separate firearm manslaughters.  These prior convictions are dated.  They remain of some relevance to the punishment, however, which I must impose for your current offending.  I accept, however, that these are of diminishing relevance, given their age, and the fact that you have not committed any crimes of violence or firearms offences since that time.

Criminal History

56Mr Walker, I now turn to your criminal history.  You have heard your counsel say in court that you admit to the matters shown on the criminal record to which you agree.  Your prior convictions are as follows:

·      

On 9 July 1958, you received one month and paid £39 and

5 shillings in costs by the Cobram Petty Sessions Court for the offence of illegally using a motor car.  You had hitched a ride back to Melbourne, which was in a stolen car, and as a result, you were imprisoned in Pentridge Prison for a month;

·      On 12 April 1960, you were placed on probation for three years and to enter the St John’s Boys’ Home, Canterbury and undergo psychiatric treatment, if and when a probation officer stipulates, and you were prohibited from having firearms for that period by the Kilmore Petty Sessions Court for illegally using a motor car and possessing a firearm without a licence;

·      On 26 June 1960, you received three months hard labour, suspended on entering a recognizance of £30 to be of good behaviour for two years and not to be without suitable work and to co-operate with a social worker by the Sydney Central P.S. for the offence of vagrancy;

·      On 13 September 1960, you received two years hard labour and 18 months on two counts served concurrently from 10 June 1960 for breaking and entering and larceny in relation to motor vehicles by the Moruya Q.S. in New South Wales;

·      On 26 September 1960, you received three months hard labour for breach of recognizance by the Moruya P.S. in New South Wales;

·      On 18 July 1965, you were sentenced to a total of 12 years' imprisonment, with a non-parole period of nine years' by the Supreme Court of Victoria for shooting with intent, grievous bodily harm and attempted robbery under arms, and illegally using a motor car;

·      You escaped gaol with Ronald Ryan.  The notoriety of that escape and Ryan’s punishment has always hung over your head, in terms of drawing social and media attention, and difficulty finding secure employment, and I will return to your upbringing in a moment, in that context.   

·      On 7 January 1966, you were ordered to return to Melbourne for escaping from lawful custody.

·      On 1 March 1966, you were sentenced to 12 years' imprisonment, for the offence of manslaughter by the Supreme Court of Victoria.  This offence was committed during the Pentridge escape with Ronald Ryan on Sunday 19 December 1965, during which Prison Officer George Hodson was shot and killed by Ryan.

·      On 18 July 1966, you were given 12 years' imprisonment, with a minimum of seven years', by the Supreme Court of Victoria, for a separate manslaughter concerning the shooting death by illegal 32 handgun of one, Arthur Henderson.

·      While incarcerated, you spent nine years in H Division “breaking rocks” and witnessed many horrific incidents.

·      You were released from prison in December 1984.

·      I have already mentioned this, on 5 April 2002, you were sentenced to three years' imprisonment by the County Court at Bendigo for cultivating a commercial quantity of cannabis and theft.  Two years of that sentence was suspended for two years.  You were also fined $12,000.

Personal Mitigating Factors

Disadvantaged Upbringing & Personal History

57It is against that background, Mr Walker, that I come to your personal mitigating factors.  I deal first with your disadvantages upbringing and personal history.  You have had an unfortunate family history.  You are the second of three sons born to Alma and Robert Walker, both deceased.  Your mother committed suicide by gassing herself when you were five years of age.  You stated in the psychiatric report prepared by Carla Lechner, the following:

“I didn’t realise until I was about ten years old that she sent me to buy the hose.  I found her, woke up and saw the long bit of rubber hose.  It makes me feel sick.  She was the only warm person in my life until my current wife.  I still have nightmares about what I saw.” 

58Further, you had no contact with your father from the age of eight and you were placed into State care.  In the psychiatric report, you also recalled, you and your brother were in a bomb shelter that was partly destroyed during a bombing raid stating:

“I was buried alive for three days with dead people.  I don’t remember it at all, but I remember seeing arms and legs sticking out of the rubble.”  

59In 1949, at the age of eight years, you along with your brothers, Bryan and Derek, and with many other boys, were transported from an orphanage in England to an orphanage in Australia.  I note the Administrative Appeals Tribunal decision and reasons tendered as Exhibit 3 on the plea by your counsel.  You were subjected to physical and mental abuse, but were never sexually abused in either of these institutions.

60Upon your arrival here, you lived at the St John’s Boys’ Home in Canterbury, between the ages of eight to 14 years.  You were also enrolled at Balwyn State School, but rarely attended.  You commenced Grade 1 at age nine years and completed Grade 6 at the age of 14 years.

61At the age of 14 years, you were sent to work on a farm run by the Anglican Church.  You were separated from your siblings.  Bryan was fostered out and Derek left the home at age 18 years.  You had a good relationship with your older brother, Derek, who died in 2013.  Your younger brother, Bryan, has resided in the USA for over 30 years.  You have not seen Bryan for close to 20 years.

62While in State care, you worked on farms in Northern Victoria, but were not given any opportunity to learn a trade or other skills that would assist you in obtaining employment in the city. 

63You state in Ms Lechner’s report that you worked on a farm in Tatura for a month, then on a dairy farm near Cobram. 

64In the early-mid 60s, you had various run-ins with the law, as I have mentioned previously.  Due to your prison record, you found it difficult to gain employment when released during that time.  You became involved in crime and got into trouble in New South Wales.  You were gambling as a means of making money and ended up owing money during that time as well.

65In 1984, following your extended incarceration, which I have made mention of, you were released on parole.  You were unequipped to cope with life in the community.  However, you successfully completed nine years of parole.  In fact, you became good friends with your parole officer, Mr Bruce Fisk, and were greatly saddened when Mr Fisk passed away in 2013.  

66You obtained work as a forklift driver for a while “putting up sheds and carports”.  You developed a restumping and renovation business called “Blackhill Reblocking” and worked in that industry for over 20 years until 2008.   At the age of 65 years, the building industry slumped and your asthma grew worse.  You went on the pension and you would casually work for mates here and there, but generally spent your spare time with family or going fishing.  

67I accept that your disadvantaged background provides context to the sentencing task at hand: 

·      Your poor history of offending has arisen in the setting of a traumatic childhood and adolescence.  Ms Lechner spoke of you exhibiting unresolved post-traumatic stress disorder, arising from your traumatic experiences as a child and as an adolescent;

·      You have been institutionalized and your entrenched belief to help a mate, even with illegal activities, is said to stem from a history of institutionalisation, according to Ms Lechner.  It provides some explanation as to why you engaged in this offending.  Your background and institutional history has made you less equipped to resist the temptation to help friends in criminal activities;

·      It also stands to your credit that, despite this terrible upbringing, you have abstained from offending for lengthy periods.  You have not committed any crimes of violence since 1965 and have carved out a respectable work history and a loving family relationships, including with Mrs Walker;

·      I shall return to this shortly, but your background also has some connection to the argument that your counsel put with respect to Verdins, namely prison hardship;

Family and Family Support

68Turning to your family and family support.  You were married to Margaret for a period of eight years, but did not have any children.  You then married Faye, aged 66 years, and have been in a long, steady relationship for over 20 years.   You did not have any children with Faye, but have been a father to her five children, grandfather to ten grandchildren, and great grandfather to two great grandchildren.  According to Ms Lechner’s report, your wife reports that you have suffered from some degree of cognitive deterioration, which needs to be monitored, and at some point may need investigation.

69Your counsel submitted that you were a very active step-father and that that has continued as the children have grown up and as they have had children of their own.  You now have ten grandchildren, as well as two great-grandchildren.  It was submitted that you have developed very strong bonds and close ties to the whole extended family.  I accept that. 

70References were submitted from each of your step-children and I have had regard to them.  I have also read the reference from Alexandra Paige Ana Miller.

71

Oral evidence was given by your wife, Faye, step-daughter, and two

step-grandchildren.  They have each spoken of your support of the family and the effect you have had on each of their lives, as well as others in the family.  I take these matters into account.

Delay in Prosecution

72Delay in the prosecution.  Following your questioning in March 2013 by the police, you were released without charge and indeed not charged until you were intercepted and arrested in Perth in February 2014.

73Your counsel submitted that during that time, you experienced enormous stress concerning the prospect of being charged and sought to rely on this as constituting additional suffering and punishment.  I accept this and take that into account.

Early Plea of Guilty

74Your early plea of guilty.  It was accepted by the prosecution and I too accept that that your plea of guilty was made at the earliest practical opportunity.

75It was submitted by your counsel that there is a significant utilitarian benefit associated with the plea.  The community has been spared a lengthy committal hearing, which you waived, and a lengthy and costly trial.  The prosecution, which is in the best position to assess this issue, did not take issue with this submission.  I accept it.

Remorse

76You plea of guilty is evidence of remorse.

77Your counsel submitted that you were "extremely" remorseful for your actions and that you had kept the offending secret from your wife and extended family. Your counsel also submitted that your greatest shame was the thought of you hurting your family.  You wish you have never been involved.

78In my view, it is a little hard to unpick regret or self-pity for the fact that you were caught and the circumstances you find yourself in, from genuine contrition for having engaged in serious wrongdoing.  In the psychiatric report, you express regret for your involvement in this matter to Ms Lechner, stating that you were immensely disappointed with yourself, that you did not properly weigh up the possible consequences of being apprehended.  

79I find the presence of both regret and remorse in your thinking.  Your early plea of guilty, as I said, is evidence of remorse, and overall I find you are remorseful, but do not accept that you are "extremely" remorseful.

Age & Health

80Your age and health.  You are currently aged 74 years, having been born on 5 May 1941.  You will turn 75 years of age in May 2016.  At the time of this offending you were aged 72 years. It was submitted by your counsel that your age is of significant importance for the purpose of sentencing. 

81You were diagnosed with asthma when you were 44 years of age.  Otherwise, I understand that you are in relatively good physical health for a man of your age.

82

I agree that your advanced age is an important factor in the sentencing process, in accordance with the principles outlined in the authorities, and

I will cite the case of The Queen v RLP[2] as one example, where the relevant principles are contained.

[2]The Queen v RLP [2009] VSCA 271 at [39]

83Each year that you spend in custody will represent a substantial portion of your remaining life expectancy.  I will moderate the sentences accordingly.  Your age bears upon every component of the sentences I impose, but in particular, your counsel submitted that I should increase the gap between the overall head sentence and the overall non-parole period, to allow for your eligibility for parole at an earlier point in time than I might otherwise have done.  I will do this.

Remand Custody Following Arrest

84I turn to the issue of your time in remand custody following your arrest.  You have now spent just over two years in custody following your arrest.

85I take into account the difficulties you have faced in custody, as submitted by your counsel, including being placed in lockdown during the MRC.  Your counsel submitted that you had been subject to 22-hour lockdown following the MRC riots since 30 June 2015. 

86Further, you have spent your time in remand in a psychiatric unit, not because of any mental problems, but because of your advanced years.  Your counsel said this had been difficult for you at times.

87Your counsel also submitted that as a general proposition, remand custody is more difficult and presents less opportunities than post-sentence custody. 

88The prosecutor did not take issue with these propositions and I do take them into account.

Custodial Hardship and Verdins Principle 5

89Custodial hardship and Verdins.  At the time of sentencing, you exhibit, according to Ms Lechner’s report, “A range of symptoms, adjustment disorder and depression, with a score in the extreme range on the peak depression inventory”.  Ms Lechner states that this was reactive to your current state of incarceration, and whilst you are a resilient man who has survived years of incarceration, you are, “Finding it hard to cope with a custodial setting”.  Ms Lechner also notes that although you do not have the full range of overt symptoms of post-traumatic stress disorder, you are distressed at times by traumatic memories and flashbacks from your formative years and your time at Pentridge Prison.

90It was submitted by your counsel that these conditions and circumstances are relevant to the application of Principle 5 of Verdins, namely a sentence involving a custodial setting would weigh more heavily on you, given the combination of those various factors referred to in Ms Lechner’s report.

91The prosecutor at the plea did not, in the end, take issue with this proposition and submitted that some limited weight should be given to this factor.

92I accept that a custodial setting would, to some extent, weigh more heavily on you, in light of the matters outlined by Ms Lechner.  I will make some allowance for it.

Prospects Of Rehabilitation And Risk Of Re-Offending

93I turn to your prospects of rehabilitation and the risk of you re-offending.  Assessing the prospects of rehabilitation and the risk of re-offending for a man of your age with your criminal history, is very difficult.

94A number of factors weigh in your favour:

·      According to Ms Lechner, you are deeply saddened by the predicament you now find yourself in late in life;

·      You genuinely feel the hurt that you have caused your family;

·      There is evidence which shows you can be a contributing and responsible member the community, despite your background;

·      You have very strong support and family relationships;

·      You have shown that you can abstain from criminal offending for lengthy periods of time.  You remained out of trouble for a significant period between 1984 and 2001, and again between 2003 and 2013;

·      You are getting old and you will have a powerful incentive to stay out of trouble for the final years of your life.

95My concern is that you have difficulty in resisting the temptation of saying "yes" to criminal associates.  It is this, and I quote here from Carla Lechner's report, "Ingrained code of never turning down a mate", which gets you into trouble. This led to your current offending as man of 72 years of age.  

96It is with some hesitation that I am prepared to find that you have moderate prospects of not re-offending.  Your advancing age is a powerful motivating factor, which I hope will keep you on the "straight and narrow" in your last years.   

Totality

97I turn to the question of totality.  The principle of totality has significant application in your case to the sentencing process.

98The principle of totality is engaged because you fall to be sentenced for multiple terms of imprisonment, under two different sentencing regimes.

99I also need to be conscious of overlapping or commonality of offending, so that I do not double punish you.

100I will modify the sentences imposed accordingly.

101In particular, there is significant commonality between the manufacturing charge, which is Charge 6, that is actually formerly the trafficking chargte, and the possess equipment and substances charges, that is Charges 2, 3, 4 and 5.  You retained the equipment and acquired the substances and chemicals because you were involved in manufacturing methylamphetamine.  Indeed, the equipment which was used to manufacture the methylamphetamine, which is the subject of Charge 6, being the trafficking charge, is the same equipment, or largely the same equipment which you possessed for future manufacture, which is the subject of Charge 2.  Of course the substance and chemicals which are the subject of Charges 3, 4 and 5, have not actually been used in the manufacturing process.

102Further, insofar as the manufacturing charge, or the trafficking charge is concerned,  Charge 6, I will sentence you upon the basis of the quantity actually manufactured and found, that is the way the prosecution put its case and that is how you fall to be sentenced, whereas the equipment and substances charges, that is Charges 2, 3, 4 and 5, relate to your possession of those items and substances and to what you intended to do with them in the future.

103

I also note that there was a commonalty in the offending between the

drug-related charges and Charge 1, the driver’s licence charge, and the two summary dealing in proceeds of crime charges, the Summary Charges 7 and 8, in each of the two bank accounts, namely the Bendigo Bank and WESTPAC Bank account which you maintained.  You used the false licence to open the post office box, which you then used to purchase the property on which you later carried out the drug-related offending, and you used the false licence to open the Bendigo Bank account, which as I said, was used in relation to the drug offending.  Further, the maintenance of the cash in those two bank accounts related in some way to the drug related charges.  I was told cash was going in and out of those accounts to facilitate the setting up of the manufacturing enterprise.

104The Commonwealth matters, Charge 14 and 15, are related.  Indeed your possession of the passport was one of the grounds for the reasonable suspicion that the cash on your person was proceeds of crime. 

105It is common ground between the prosecution and the defence that the cash seized from your person at the airport, being Charge 14, does not constitute proceeds from the drug related charges for which you now fall to be sentenced.  Both parties have informed me that I need to sentence you upon the basis that there is no commonality between this offending and the drug-related offending.  

106Of course the passport offence is loosely connected to Charge 1, being the driver's licence offence, in that they both involved your assumption of the identity of Frederick Sharp.

107You also face multiple charges in relation to the firearms and related material. There is a significant temporal, location, with one exception, and circumstantial connection between each firearm possession charge, which calls for a significant degree of concurrency.  The one exception is Charge 13, which concerns the machine gun found at your residence.  That is related temporally and circumstantially, but it is found in a different location.

108While there is no commonality between the possession of the firearms and the drug-related offending, there is again a general connection between them in time and location, which I also bear in mind.

109The principle of totality and the discrete concept of the need to avoid a crushing sentence, are also engaged in the context of your advancing age.

110In short, I need to ensure that the total sentence remains "just and appropriate" for the whole of the offending, also having regard to your personal circumstances, including your age.

Balancing Various Sentencing Factors

111I now come to the various matters which I must balance.  In sentencing you, I must consider the principles of general and specific deterrence, just punishment and protection of the community, in addition to the mitigating matters which I have just been outlining.   

112Your advancing years does reduce the significance of the principle of specific deterrence, but regrettably, specific deterrence still has some role to play with you, in light of your sense of ingrained loyalty to help your friends and associates, even in relation to criminal activities.   

113

Given your personal circumstances, age and disadvantaged background,

I have moderated the application of general deterrence in your case.  That said, general deterrence remains significant, especially with respect to the drug-related matters.  The negative effect of methylamphetamine in the community is well recognised.  It is important that I send a message to the community that the courts take this offending seriously and that there will be significant consequences should anyone engage in this offending behaviour.

114Your advancing age cannot be a justification for the imposition of an unacceptably inappropriate sentence.

115Balancing all these factors, I sentence you as follows:

Sentence

116Now, Mr Walker, if you could please stand. 

117I am going to hand to the parties a table, so that you can follow the sentences which I impose and you do not need to take notes.   

118I will first deal with the two Commonwealth offences.

119On Charge 14, dealing with proceeds of crime, you are convicted and sentenced to nine months' imprisonment. 

120On Charge 15, giving false or misleading information in relation to a foreign document application, you are convicted and sentenced to 12 months' imprisonment.  This is the base Commonwealth sentence.

121The sentence for Charge 15 commences today, 17 February 2016.

122

The sentence for Charge 14 commences six months after the commencement of Charge 15, that is, the intended cumulation of

Charge 15 is three months'.

123The intended total effective Commonwealth sentence is 15 months'.

124I now turn to the State offences.

125On Charge 1, using a false document, you are convicted and sentenced to ten months' imprisonment. 

126On Charge 2, possession of equipment for the purpose of trafficking a drug of dependence, you are convicted and sentenced to 12 months' imprisonment.

127On Charge 3, possession of substances set out in Schedule B of the indictment, for the purpose of trafficking a drug of dependence, you are convicted and sentenced to 18 months' imprisonment.

128

On Charge 4, possession of substance “1-P-2-N” for the purpose of trafficking a drug of dependence, you are convicted and sentenced to

30 months' imprisonment.

129On Charge 5, possession of substance “P-2-P” for the purpose of trafficking a drug of dependence, you are convicted and sentenced to 18 months' imprisonment.

130On Charge 6, trafficking a commercial quantity of methylamphetamine, you are convicted and sentenced to four years' imprisonment.  This is the base State sentence.

131On Charge 7, possession of an unregistered Category E firearm, being a submachine gun, you are convicted and sentenced to 18 months' imprisonment.

132On Charge 8, possession of a registered Category D long-arm without a licence, you are convicted and sentenced to ten months' imprisonment.

133On Charge 9, possession of an unregistered Category C long-arm, you are convicted and sentenced to ten months' imprisonment.  

134On Charge 10, possession of a registered Category C long-arm without a licence, you are convicted and sentenced to ten months' imprisonment.

135

On Charge 11, possession of eight unregistered Category A and B

long-arms, you are convicted and sentenced to six months' imprisonment.  

136On Charge 12, possession of eight unregistered general category handguns, you are convicted and sentenced to 20 months' imprisonment. 

137On Charge 13, possession of an unregistered Category E long-arm, being a submachine gun, you are convicted and sentenced to 18 months' imprisonment.

138I turn now to the related summary charges. 

139On Charge 1, possession of two registered Category A long-arms, you are convicted and sentenced to three months' imprisonment.

140On Charge 2, possession of two registered Category B long-arms, you are convicted and sentenced to three months' imprisonment.

141On Charge 3, possession of six silencers, you are convicted and sentenced to three months' imprisonment.

142On Charges 4 and 5[sic], possession of cartridge ammunition, you are convicted and fined and aggregate $200 fine.  I order a stay of one month to pay the fine.

143On Charge 5, possession of prohibited weapons, you are convicted and sentenced to three months' imprisonment.

144On Charge 7, dealing in proceeds of crime, you are convicted and sentenced to five months' imprisonment.

145On Charge 8, dealing in proceeds of crime, you are convicted and sentenced to five months' imprisonment.

146I now come to the orders for cumulation.  I confirm that the base sentence is Charge 6, being the trafficking a commercial quantity of methylamphetamine, which is four years', I direct that three months of Charge 1; three months of Charge 3; six months of Charge 4; three months of Charge 5; three months of Charge 7; two months of Charge 8; two months of Charge 9; two months of Charge 10; one month of Charge 11; four months of Charge 12; and three months of Charge 13, be served cumulative upon Charge 6, being the base sentence.

147The total effective State sentence is six years' and eight months'.

148I order that you must serve a minimum of three years and ten months, before being eligible for parole.  That is the State non-parole period.

149The State sentences are to commence six months after the commencement of the Commonwealth sentence imposed on Charge 15.

150That leads to an effective global total effective sentence across all sentences,  of  seven years' and two months', and an effective global minimum term or non-parole period of four years' and four months'.  

Federal Sentence and Recognisance Release Order

151I have turned my mind to whether a recognizance release order should be imposed in relation to the Federal offences in this case.  I have decided that a recognizance release order is not appropriate in this case.  The reason is due to the imposition of the significant State sentence commencing after the first six months of the Federal sentence.  There is effectively nine months concurrency between the Federal sentences and the State sentence.  I will mark this reason in the records.

PSD

152Gentlemen, I have PSD here of 730 - what is the PSD?  I have got 733.

153MR HAYDEN:  Just checking now.  It sounds right, Your Honour, but I'll just do the maths.  Yes, 733, Your Honour.

154HIS HONOUR:  And that is not including today?

155MR HAYDEN:  It is not including today.

156HIS HONOUR:  Are you happy with that, Mr Hayden?

157MR HAYDEN:  (Indistinct).

6AAA

158

HIS HONOUR: Pursuant to s.6AAA of the Sentencing Act 1991 (Vic),

I indicate that had you not pleaded guilty, I would have sentenced you to a global total effective sentence, over all charges, of nine years' and six months' imprisonment, with a non-parole period of seven years'.

159Now, I am going to ask the parties, given the complexity of this involving Commonwealth and State sentence, do the parties see any technical difficulties with the sentence proposed by me?

160MR REGAN:  No, Your Honour, the way that Your Honour's approached the commencement of State sentences and so forth appear to be in order.

161HIS HONOUR:  All right, thank you. 

162MR HAYDEN:  I agree, Your Honour.

163

HIS HONOUR:  Thank you.Now, that just leaves the ancillary orders. 

I have got a disposal order here, which I have signed, which you handed up to me.

164MR REGAN:  That is right, Your Honour. 

165HIS HONOUR:  And I have got two forfeiture orders.  Would you just excuse me for a moment.  There is only one technical difficulty here.  It might be easier to deal with this with communications between the parties and my associate, but the forfeiture order has covered both matters which relate to both the Commonwealth and the State charges.

166MR REGAN:  Both, yes, I see.

167HIS HONOUR:  And that is problematic. 

168MR REGAN:  Yes. 

169HIS HONOUR:  I do not want to cause problems with these sort of technicalities, but I think that is problematic.

170MR REGAN:  Yes.

171HIS HONOUR:  You cannot include both.

172MR REGAN:  Yes.

173HIS HONOUR:  I think you need to separate out the Commonwealth charges matters.

174MR REGAN:  Yes, and - yes, and put it on the Commonwealth - - -

175HIS HONOUR:  Yes, so what I will do, I am happy to leave that with the parties to resolve.

176MR REGAN:  Yes.

177HIS HONOUR:  And communicate with my associate.

178MR REGAN:  Yes.

179HIS HONOUR:  And I will leave open that that is one matter outstanding in the matter that I need to attend to, the forfeiture orders. 

180MR REGAN:  May it please the court.

181MR HAYDEN:  May is please Your Honour.     

Section 464ZF(2) Forensic Sample

182HIS HONOUR:  A retention order is sought, is that right, under the s.464ZF? 

183MR REGAN:  Yes, those are my instructions, Your Honour.

184HIS HONOUR:  Do you provide the copy for that? 

185MR REGAN:  Yes, Sir.

186HIS HONOUR:  Have we been provided with that? 

187MR REGAN:  I am being instructed, Your Honour, that the process will unfold automatically. 

188HIS HONOUR:  All right.  Well in that case, Mr Hayden, do you have anything to say about that?

189MR HAYDEN:  (Indistinct).

190HIS HONOUR:  Well I will make that forensic retention order under s.464ZF(2).  Apart from that issue of the forfeiture order, there is nothing else? 

191COUNSEL:  No, Your Honour.

192HIS HONOUR:  In that case, thank you for your attendance.  Adjourn the court.

- - -

ANNEXURE A

On the Indictment

·Charge 1 - using a false document contrary to s.83A of the Crimes Act 1958 (Vic).

·Charge 2 – possession of equipment listed in Schedule A (attached to the Indictment) with the intention of using this equipment for the purpose of trafficking a drug of dependence contrary to section 71A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

·Charge 3 - possession of substances set out in Schedule B (attached to the Indictment) with the intention of using those substances for the purpose of trafficking a drug of dependence contrary to section 71A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

·Charge 4 - possession of a substance namely 1-phenyl-2-nitropropene with the intention of using this substance for the purpose of trafficking a drug of dependence contrary to section 71A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

·Charge 5 - possession of a substance namely phenyl-2-nitropropone with the intention of using this substance for the purpose of trafficking a drug of dependence contrary to section 71A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

·Charge 6 - trafficking a drug of dependence in a commercial quantity namely Methylamphetamine contrary to section 71A of the Drugs, Poisons and Controlled Substances Act 1981 (Vic).

·Charge 7 – possession of an unregistered category E longarm being an Austen Mk. 1.9mm submachine gun - serial number 3502 - contrary to section 6A(3) of the Firearms Act 1996 (Vic).

·Charge 8 - possession of a registered category D longarm being a Franchi 12 gauge semi-automatic shotgun - serial number AA06802 -contrary to section 6(4) of the Firearms Act 1996 (Vic).

·Charge 9 - possession of two unregistered category C longarms being a JGL automatic 65 .22 semi-automatic rifle - serial number 01669 - and a Gevram .22 semi-automatic rifle - serial number 134027 - contrary to section 6A(2) of the Firearms Act 1996 (Vic).

·Charge 10 - possession of a registered category C longarm being a Mossberg 12 gauge pump action shotgun - serial number H298283 -contrary to section 6(3) of the Firearms Act 1996 (Vic).

·Charge 11 - possession of eight category A and category B unregistered longarms being:

oMiroku .22 Lever Action rifle (no decipherable serial number)

oStitz .22 bolt action rifle - serial number 438931

oStirling .22 bolt action rifle - serial number 137669

oHarrington & Richardson 12 gauge shotgun - serial number A48941

oLithgow .22 bolt action rifle - serial number 99410

oLee Enfield .303 bolt action rifle - serial number UF55A20602

oWinchester 30-30 lever action rifle - serial number KGR4027

oWinchester 30-30 lever action rifle - serial number KGR4028

Contrary to section 6A(1) of the Firearms Act 1996 (Vic).

·Charge 12 - possession of eight unregistered general category handguns:

oAdvantage Arms .22 semi-auto conversion kit - serial number 0014

oUnique .22 semi-automatic - serial number 724579

oColt Stevens Derringer .41 calibre - serial number 17716

oRemington Vest Pocket .41 - serial number 533

oRemington 5 shot .38 break open revolver

oHarrington & Richardson 410 gauge – serial number 6302

oTwo homemade .22 pistols

contrary to section 7B(1) of the Firearms Act 1996 (Vic).

·Charge 13 – possession of an unregistered category E longarm being an Austen Mk. 1.9mm submachine gun - serial number C9125 - contrary to section 6A(3) of the Firearms Act 1996 (Vic).

·Charge 14 - dealing with money, it being reasonable to suspect that such money was proceeds of crime and at the time of dealing, was more than $100,000 or more contrary to section 400.9(1) of the Criminal Code (C’lth).

·Charge 15 – giving false or misleading information in relation to foreign document applications pursuant to section 19 of the Foreign Passports (Law Enforcement and Security) Act 2005 (C’lth).  

Related-Summary Charges

·Possess 2 Registered Cat A Longarms (at Yaapeet), Firearms Act s. 6(1), namely: Anschutz .22 bolt action rifle ser. no. 475853 & Brno 12 gauge break open shotgun ser. no. 04795;

·Possess 2 Registered Cat B Longarms (at Yaapeet), Firearms Act s. 6(2), namely: Remington 30-06 bolt action rifle ser. no. D6848244 & Lithgow .303 bolt action rifle ser. no. S30401

·Possess 6 Silencers (at Yaapeet). Firearms Act s. 57(1):

oHome made silencer (Chandler item 11)

o.22 long rifle silencer (1 of 3) (from Chandler item 50)

o.22 long rifle silencer (2 of 3) (from Chandler item 50)

o.22 long rifle silencer (3 of 3) (from Chandler item 50)

oHome made metal silencer (Chandler Item 57)

oHome made metal and PVC silencer (Chandler item 61)

·Possess cartridge ammunition (at Yaapeet). Firearms Act s. 124(1):

o12,972 cartridges of 38 assorted calibres, including

o.22, 30-30, 30-06, .41, 410 gauge, 12 gauge and 9mm

·Possess prohibited weapons (namely 3 incapacitating electric current discharge devices) at Yaapeet. Control of Weapons Act s. 5AA:

o2 “Taser Police Stun Gun’ units (Chandler Item 51)

o1 “WS-95” electric shock device resembling a phone (Item 51)

·Possess cartridge ammunition (at Wyndham Vale). Firearms Act s. 124(1): Sixty three 9mm cartridges found with the AUSTEN.

·Deal with property namely the approximately $5000 AUD balance of Bendigo Bank Ultimate Non-Cheque Account BSB 633-000 Account number 145496907 in the name of ‘F Sharp PO Box 493 LARA VIC 3212.’

·Deal with property namely the approximately $5000 AUD balance of  WESTPAC Choice Account BSB 733-624 Account Number 54-9008 in the name of ‘Mr F Sharp, PO Box 98 GISBORNE VIC 3437.’

ANNEXURE B

SENTENCE

COMMONWALTH SENTENCES

CHARGE NO	CHARGE	MAXIMUM PENALTY	SENTENCE	CUMMULATION
Charge 14	Dealing with money suspected proceeds crime	3 years/180 pu* Commonwealth	9 months	To commence 6 months after the commencement of the sentence imposed on charge 15 (intended cumulation on charge 15 is 3 mths)
Charge 15	Giving false or misleading information in relation to Passport application	10 years/1000 pu* Commonwealth	12 months	Base Commonwealth sentence to commence immediately.
Intended total effective sentence (Commonwealth)		15 mths

STATE SENTENCES 

CHARGE NO	CHARGE	MAXIMUM PENALTY	SENTENCE	CUMMULATION
Charge 1	Using a false document	10 years	10 mths	3 mths
Charge 2	Possession of all equipment	10 years	12 mths	-
Charge 3	Possession of substances (7 Sch 1 chemicals)	10 years	18 mths	3 mths
Charge 4	Possession of Substance         “1-P-2-N”	10 years	30 mths	6 mths
Charge 5	Possess of Substance “P-2-P”	10 years	18 mths	3 mths
Charge 6	Trafficking commercial quantity of Methylamphetamine	25 years	4yrs	Base
Charge 7	Possession Unregistered Machine Gun	7 years/600 pu	18 mths	3 mths
Charge 8	Possession of 1 x Registered Cat D longarm without licence	4 years/240 pu	10 mths	2 mths
Charge 9	Possession of 2 x Unregistered Cat C/D longarms	4 years/240 pu	10 mths	2 mths
Charge 10	Possession of 1 x Registered Cat C longarm without licence	4 years/240 pu	10 mths	2 mths
Charge 11	Possession of 8 x Unregistered Cat A/B long arms	2 years/120 pu	6 mths	1 mth
Charge 12	Possession of 8 Unregistered general category handguns	7 years/600 pu	20 mths	4 mths
Charge 13	Possession of Unregistered Machine Gun	7 years/600 pu	18 mths	3 mths
RSA Charge 1	Possession of 2 registered Cat A longarms	2 years/120 pu	3 mths	-
RSA Charge 2	Possession of 2 registered Cat B longarms	2 years/120 pu	3 mths	-
RSA Charge 3	Possession of six silencers	2 years/120 pu	3 mths	-
RSA Charge 4	Possession of cartridge ammunition	40 pu	Aggregate fine (along with Charge 6) of $200 with conviction Stay of 1 month
RSA Charge 5	Possession of prohibited weapons (3 tasers)	2 years/240 pu	3 mths	-
RSA Charge 6	Possession of cartridge ammunition	40 pu	See charge 4
RSA Charge 7	Dealing property proceeds of crime	2 years	5 mths	-
RSA Charge 8	Dealing property proceeds of crime	2 years	5 mths	-
Intended head sentence (State)		6 yrs 8 mths
Intended minimum term (State)		3 yrs 10 mths
Commencement of State sentences		The State sentences are to commence six months after the commencement of the Commonwealth sentence imposed on charge 15.

GLOBAL SUMMARY

TOTAL EFFECTIVE SENTENCE (GLOBAL)	7 yrs 2 mths
NON PAROLE PERIOD (GLOBAL)	4 yrs  4 mths
FINE	$200 aggregate fine
PRE-SENTENCE DETENTION	733 days
6AA STATEMENT	9 yrs 6 months with a NPP of 7 yrs