Director of Public Prosecutions v Webber
[2018] VCC 625
•3 May 2018
| IN THE COUNTY COURT OF VICTORIA AT SHEPPARTON CRIMINAL DIVISION | Revised (Not) Restricted Suitable for Publication |
Case No. CR-17-02172
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| TRAVIS JOHN WEBBER |
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JUDGE: | HIS HONOUR JUDGE C J RYAN | |
WHERE HELD: | Shepparton | |
DATE OF HEARING: | 24 April 2018 | |
DATE OF SENTENCE: | 3 May 2018 | |
CASE MAY BE CITED AS: | DPP v Webber | |
MEDIUM NEUTRAL CITATION: | [2018] VCC 625 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW
Catchwords: Sentence – Trafficking in a drug of dependence commercial quantity – Trafficking in a drug of dependence – Possession of a drug of dependence – Possessing a firearm whilst prohibited – Negligently dealing with the proceeds of crime.
Legislation Cited: Sentencing Act 1991
Sentence: 8 years and 10 months’ imprisonment with a non-parole period of 6 years and 6 months’ imprisonment; 212 days pre-sentence detention; Section 6AAA declaration: 12 years’ imprisonment with a non-parole period of 10 years’ imprisonment; Forfeiture and disposals orders.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Ms M. Mahady | Office of Public Prosecutions |
| For the Accused | Mr M. McKenna | Emma Turnbull Lawyers |
HIS HONOUR:
1
Travis Webber, on Tuesday 24 April 2018, you came before me for trial. On that day, a Basha inquiry was conducted because of a notice of additional evidence in respect to DNA evidence that implicated you in respect to
Charge 1, on the trial indictment, trafficking in a drug of dependence, namely methylamphetamine, in a quantity not less than a commercial quantity applicable to that drug of dependence. After the conclusion of the inquiry, the matter was stood down for discussions between your counsel, Mr Hands and Miss Mahady, who appeared on behalf of the Crown. On Thursday 26 April, you pleaded guilty to indictment H11564177.1 containing charges:
· Trafficking in a drug of dependence – commercial quantity (Charge 1),
· Trafficking in a drug of dependence (Charge 2),
· Possession of a drug of dependence (Charge 3),
· Possessing a firearm whilst prohibited (Charge 4), and
· Negligently dealing with the proceeds of crime (Charge 5).
The effect of the plea indictment was to roll a number of drug possession charges into one charge but thereafter the plea indictment reflected the trial indictment.
2 Tendered as Exhibit A on the plea and read aloud in court was the summary of prosecution opening. In summary, on 5 June 2017, members of the Victoria Police executed warrants at your residence at Unit 4, 9 Skene Street, Shepparton. Found in your damaged BMW was a sturdy plastic case described as a Pelican case that contained two packages of methylamphetamine, one containing 836 grams of 80 per cent pure substance, whilst the other contained 45 grams of 6 per cent pure methylamphetamine. As well, there were two sets of scales. Your DNA was found on the handle of the case, as well as one of the sets of scales. In addition, the key to the BMW sedan was found in your residence, as was the key to the Pelican case.
3 Found within your home was an additional 36 grams of methylamphetamine (Charge 1). Also found in your residence was 19.4 grams of MDMA (Charge 2). Small amounts of other drugs, namely 3,4‑methylenedioxyamphetamine, ethylone, methorphan, oxycodone and Cannabis L were found in your residence (Charge 3). Secreted in a wall cavity was a loaded six-shot .22‑calibre ‘Peacemaker’ revolver (Charge 4). Found in the garage of your premises were a number of Makita brand power tools, that founds Charge 5.
4 The maximum penalties for the offences on the indictment are:
· Traffic in a commercial quantity a drug of dependence, 25 years’ imprisonment,
· Traffic in a drug of dependence, 15 years’ imprisonment,
· Possess a drug of dependence, five years’ imprisonment,
· Prohibited person possess firearm, ten years’ imprisonment, and
· Negligently deal with the proceeds of crime, five years’ imprisonment.
5 In addition to the charges on the indictment, you pleaded guilty to a number of related summary offences, being:
· Charge 13, possess prohibited weapons, being a number of swords,
· Charge 14, possess cartridge ammunition, being a number of .22‑calibre cartridges found within your residence, and
· Charge 16, commit an indictable offence whilst on bail.
6 The maximum penalty for the related summary offences are:
· Charge 13, 240 penalty units or two years’ imprisonment,
· Charge 14, 14 penalty units, and
· Charge 16, 30 penalty units or three months’ imprisonment.
7 Excluding appearances for breach or contravention of non-custodial and custodial orders, you have 90 convictions from 12 court appearances from 1995 to 2016. Amongst your prior convictions are three convictions for trafficking in drugs of dependence, for which you received both non-custodial and custodial dispositions. You have seven prior convictions for possessing drugs of dependence, two convictions for dealing in property the proceeds and/or suspected of being the proceeds of crime, and seven convictions for weapons, explosive and firearm offences, including being a prohibited person in possession of a firearm.
8 You were arrested on the day of the execution of the search warrant, being 5 June 2017, and have remained in custody since that time. However, on 13 December 2017, you were sentenced to four months’ imprisonment for trafficking in cannabis, possessing both prohibited and controlled weapons, dealing with property suspected of being the proceeds of crime, committing indictable offences whilst on bail, possession of amphetamine and anabolic steroids, and possession of cartridge ammunition. I was told that as at the date of your plea, you had spent 206 days by way of pre-sentence detention. However, I must take the four months’ imprisonment that you served into account in the application of the principle of totality.
9
I was told little of your background. You are the youngest of three children born to parents who were born and raised in Mooroopna. You attended Mooroopna Primary School and Shepparton South Technical College until you were
15 years of age. You were described by your counsel as being a nuisance at school. You were not sport-minded; however, as a young boy you were considered to be an excellent BMX rider. It appears that in order to bring some discipline to your studies, you were sent to a Christian college as a boarder for one year. Having left school at the age of 17, you got into trouble with police and I was informed by your counsel that you spent some months in Pentridge Prison in 1994 immediately prior to its closure. It was put on your behalf that whilst in prison, you were introduced to drugs.
10 Apart from that basic information, I was informed that you had worked as a high-rise building window-cleaner, using abseiling to perform your job. In addition, I was informed that you are a gifted artist, painting portraits and landscapes on canvas using watercolours. Apart from a letter from you marked as Exhibit 1, I have little insight into you as a person. Tendered as Exhibit 2 were a number of certificates in respect to courses that you have successfully completed whilst in custody. You are a peer educator to other prisoners in respect to alcohol and drugs. Your counsel informed me that you are involved in the initial induction process of prisoners as a billet, informing new prisoners of what is expected of them in a custodial setting. You are undertaking distance studies in what you described in your letter as, “Alcohol and drugs and mental health in the social sector”. You have attended and completed courses in “Access to vocational pathways”, “Kitchen operations”, “Construction”, “Painting and decorating”, “Cleaning operations”, and “Micro business operations”. Whist some of these courses were commenced during an earlier period of imprisonment, you have taken the opportunity to complete them while on remand. It is plain that you are taking every opportunity to improve yourself whilst in prison.
11
You pleaded guilty at a late stage. However, this was caused by the late service of a statement in respect to DNA found on the Pelican case and a set of scales found within that case. This evidence related to the vast bulk of the
methylamphetamine relied upon to found Charge 1. Accordingly, you are entitled to the benefits that flow to you from your plea, being that it has utilitarian benefit and that it is evidence of your remorse.
12 During discussion with your counsel, Mr Hands, on your behalf, acknowledged that the methylamphetamine found in your possession and the subject of Charge 1 was in your possession for sale, save for that portion of the material that you intended to use yourself, an amount that was not quantified. There was no information provided to me as to the extent to which you abused methylamphetamine.
13 Trafficking in a drug of dependence is a serious offence, and trafficking in a commercial quantity of a drug of dependence is punishable by 25 years’ imprisonment. You had almost twice the qualifying amount of methylamphetamine for a commercial quantity in your possession for sale. It is to be noted that recently the weight of methylamphetamine that constitutes both a large commercial quantity and a commercial quantity has been halved. To my mind, this reflects the scourge that methylamphetamine is within our community. However, you must be sentenced on the basis of the regime that applied to you at the time of the instant offending.
14 Whilst you are using your time in prison wisely, your antecedents compel me to regard your prospects of rehabilitation as guarded.
15 In respect to the .22‑calibre ‘Peacemaker’ revolver, your counsel indicated it came into your possession at a time when you were severely depressed, and in a failed attempt at suicide, you discharged the firearm and shot yourself in the foot. Be that as it may, you had no lawful reason for being in possession of a firearm of any kind, let alone a loaded revolver, nor cartridge ammunition appropriate for the revolver.
16 Your offending is serious. Trafficking in a commercial quantity of a drug of dependence is punishable by 25 years’ imprisonment, whilst trafficking simpliciter is punishable by 15 years’ imprisonment. Being a prohibited person in possession of a firearm is punishable by ten years’ imprisonment. In all respects, your offending must be regarded as serious example of offending of its kind. Charges 1, 2 and 4, respectively, must be met with condign punishment. Both general and specific deterrence are applicable sentencing factors to be taken into account when arriving at an appropriate sentence in your case. It must be noted that the offences on the indictment were committed whilst you were on bail, and this is an aggravating circumstance of your offending. It must also be noted that you are charged with a related summary offence of committing an indictable offence whilst on bail. I must guard against double punishment in that respect.
17 Would you please stand?
18 Taking into account the circumstances of your offending and its effects, your personal circumstances and antecedents, and endeavouring to produce a sentence which reflects and promotes the purposes of sentencing in a manner appropriate to you, I sentence you as follows:
19 On Charge 1, seven years’ imprisonment,
20 On Charge 2, fifteen months’ imprisonment,
21 On Charge 3, six months’ imprisonment,
22 On Charge 4, eighteen months’ imprisonment, and
23 On Charge 5, nine months’ imprisonment.
24 In respect to the related summary offences, I sentence you as follows:
25 On Charge 13, four months’ imprisonment,
26 On Charge 14, you are convicted and fined $500, and
27 On Charge 16, you are convicted and discharged.
28 I order that nine months of Charge 2, three months of Charge 3, six months of Charge 4, three months of Charge 5, and one month of the related summary offence, Charge 13, be served cumulatively upon each other and upon the sentence imposed on Charge 1 on the Indictment.
29 This results in a total effective sentence of eight years and ten months’ imprisonment, and I order that you serve six years and six months’ imprisonment before you will become eligible for parole.
30 I declare that you have spent 212 days by way of pre-sentence detention, not including today.
31 Pursuant to s.6AAA of the Sentencing Act 1991, I declare that but for your plea of guilty, I would have sentenced you to 12 years’ imprisonment with a non-parole period of ten years’ imprisonment.
32 You may be seated.
33 There were a number of applications made for forfeiture orders and disposal orders, and I have made each of those orders and I hand down copies in triplicate.
34 MISS MAHADY: Thank you, Your Honour.
35 UNIDENTIFIED SPEAKER: As Your Honour pleases.
36 HIS HONOUR: You may remove the prisoner. I will stand down until the next matter is ready.
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