DPP v Kane
[2020] VCC 612
•22 May 2020
| IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. CR-19-02256
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| ANDREW KANE |
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JUDGE: | HER HONOUR JUDGE DAVIS | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 12 May 2020 | |
DATE OF SENTENCE: | 22 May 2020 | |
CASE MAY BE CITED AS: | DPP v Kane | |
MEDIUM NEUTRAL CITATION: | [2020] VCC 612 | |
REASONS FOR SENTENCE
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Subject: CRIMINAL LAW
Catchwords: Sentence – traffick drug of dependence (heroin) – large commercial quantity – possess unregistered general category handgun – related summary offences – possess ammunition – deal with property suspected to be proceeds of crime – street level trafficking – holding items for dealer – drug addiction – serious drug offender – standard sentencing scheme – COVID-19
Legislation Cited: Sentencing Act 1991 (Vic); Drugs, Poisons and Controlled Substances Act 1981 (Vic); Firearms Act 1996 (Vic); Crimes Act 1958 (Vic); Confiscation Act 1997 (Vic)
Cases Cited:R v Brown [2018] VSC 742; R v Robertson [2019] VSC 145; Brown v the Queen (2019) 59 VR 462; DPP v Dong [2020] VCC 298; DPP v Nguyen [2019] VCC 1815; DPP v Kha [2019] VCC 1682; DPP v Quah [2019] VCC 1158; DPP v Al Janabe& Anor [2020] VCC 1313; DPP v Lamberti [2019] VCC 1498; Nguyen v the Queen [2017] VSCA 262; Dawid v DPP [2013] VSCA 64
Sentence: Eight years’ imprisonment with a non-parole period of five years, together with fines totalling $1,300
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APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Ms J Malobabic | Office of Public Prosecutions |
| For the Accused | Mr R Lawrence | Pica Criminal Lawyers |
HER HONOUR:
1 Andrew Kane, you have pleaded guilty to one charge of trafficking a large commercial quantity of a drug of dependence, namely diacetylmorphine (heroin), which carries a maximum penalty of life imprisonment and a fine of 5,000 penalty units;[1] and one charge of possessing an unregistered general category handgun which carries a maximum penalty, for a first offence, of seven years’ imprisonment or a fine of 600 penalty units.[2]
[1]Drugs, Poisons and Controlled Substances Act 1981 (Vic) (‘DPCSA’) s 71(1).
[2]Firearms Act 1996 (Vic) s 7B(1).
2 You are to be declared a serious drug offender upon your conviction in relation to trafficking a large commercial quantity of a drug of dependence.[3]
[3]Sentencing Act 1991 (Vic) s 89DI and Confiscation Act 1997 (Vic) s 3(1).
3 You have also consented to the uplifting of, and pleaded guilty to, one summary charge of possessing cartridge ammunition without a licence or permit, which carries a maximum penalty of a fine of 40 penalty units;[4] and one summary charge of deal with property suspected to be the proceeds of crime, which carries a maximum penalty of two years’ imprisonment.[5]
[4]Firearms Act s 124(1).
[5]Crimes Act 1958 (Vic) s 195.
4 The prosecution has also sought two forfeiture orders and one disposal order to which you have consented.
Circumstances of offending
5 The circumstances of your offending are set out in the agreed Summary of Prosecution Opening upon Plea and I sentence you on the basis of the facts set out in that document. I summarise those facts briefly here.
6 On 6 June 2019, police executed a search warrant at your home, where you lived with your mother. Items relevant to this plea were located in your bedroom and in a small false room which police discovered behind a false wall in the shed (‘the hidden room’).
7 A number of packages containing heroin were found during the search. Police located two zip lock bags: one containing approximately 11 grams of heroin on top of a waste bin, and another containing approximately one gram of heroin on a bookshelf. In the hidden room, police found two plastic boxes: one containing three bricks of packaged heroin weighing approximately 1.081 kilograms, and one containing white bricks of heroin weighing approximately 80 grams. Subsequent analysis revealed the purity of the packages ranged between 79% and 85%. In total, 1,140.4 grams of heroin (mixed substance) were seized during the search (Charge 1). A large commercial quantity of heroin (mixed substance) is 750 grams,[6] so the amount seized by police represents about one and a half times a large commercial quantity.
[6]DPCSA sch 11 pt 3.
8 Police seized and analysed your iPhone, revealing a number of messages evidencing drug trafficking activity between 8 March 2019 and 6 June 2019. These messages included references to street level transactions, occasionally to the value of a few hundreds of dollars only.
9 In the hidden room, police also located a semi-automatic nine millimetre handgun with an unloaded magazine (Charge 2), 248 ammunition cartridges of various calibres[7] (Summary Charge 5), and a metal safety deposit box containing $30,000 cash (Summary Charge 6).
[7]22 unknown ammunition cartridges, 47 x .38 calibre Remington cartridges, 46 x .22 calibre rifle cartridges, 42 x 38 calibre Norma cartridges, 45 x 9mm Luger Patronen pistol cartridges and 46 x 9mm Luger Magtec pistol cartridges.
10 Examination of the handgun revealed it to be an unbranded semi-automatic pistol designed to imitate the appearance of a nine millimetre calibre Beretta double action semi-automatic pistol. The pistol was not designed to discharge projectiles but had been modified such that it was capable of doing so. Some of the cartridges seized by police were suitable for use within the pistol.
11 You were not a holder of a Firearms Licence and were not authorised to possess, carry or use cartridge ammunition.
12 Police also seized an industrial press used to package heroin, a CCTV hard drive, and a brown notebook containing contact details.
13 Further analysis revealed the presence of your DNA on the firearm and on the packaging from one block of heroin. Your DNA was not found on two other blocks of heroin.
Procedural history
14 You were arrested after the zip lock bags were found in your bedroom. Shortly after, while in the living room,[8] you told police that you smoked five to six grams of heroin each day; that you were not employed; that you were in a lot of debt; and that you had used credit to purchase heroin.
[8]Depositions, p 33-34.
15 Later, while in the backyard,[9] you told police that you were holding a large amount of heroin; that three blocks of heroin, each weighing 12 ounces, were in the hidden room; that the handgun didn’t work; that you were given the heroin, handgun, and ammunition about two weeks earlier to ‘hold onto’; that you were told you could use the heroin as you liked and would pay back what you used at a significant discount; that you were not paid to hold onto the items; that the owners were ‘very dangerous’ and that you would now owe them thousands of dollars; that you had built the hidden room yourself years before to store cannabis;[10] and that the press was for packaging heroin.
[9]Ibid p 34-35.
[10]I note that at the plea hearing your instructions were that you told police that you built the room to grow, not store, cannabis, as you were using cannabis at the time it was built.
16 You were conveyed to the Box Hill Police Station for a formal interview in which you made no comment to the allegations. You were charged and have been remanded since that time.
17 You made a written offer to plead guilty to the charges on 30 October 2019 which was accepted by the prosecution on 11 November 2019. You entered a guilty plea at the committal hearing in the Magistrates’ Court on 13 November 2019.
Prior criminal history
18 You have a lengthy criminal history which dates back to 1992 and includes the following: on 15 December 1992, when you were 19 years old, you were sentenced to six months’ imprisonment, wholly suspended for two years, for three charges of armed robbery and one charge of affray. The offending occurred while you were in company with other young men in the city. You have prior convictions for possession of heroin in 1996 and 2003; and for possession of a prohibited weapon without exemption or approval in 2003. The most recent entry in your criminal record is in February 2008 when you were dealt with for dishonesty offences, including deal with property suspected of being the proceeds of crime, and a breach of a Community Based Order. You have no prior convictions for drug trafficking.
Personal circumstances
19 You were aged 45 at the time of your arrest and are now 46 years old. You have had one significant relationship in your life which commenced in about 2002 and lasted, on and off, for 12 years. You have no children.
20 You were born in Melbourne and completed schooling to Year 10. In 1990, you commenced an apprenticeship as a linesman. It was around that time that you started using cannabis and first came into contact with the criminal justice system. In 1994, at the age of about 21 years, you left the family home and started living independently. This was when you started using heroin. You lost your apprenticeship the following year when the State Electricity Commission was privatised and you returned to live in the family home. In the late 1990s, you worked in your friend’s carpeting business. You have no further work history.
21 In 1999, you started detoxification on the naltrexone program. Following numerous relapses on that program, in 2002 you were prescribed buprenorphine. In 2008, you became a patient of the First Step Program where you were prescribed suboxone and methadone.
22 In 2010, your father was diagnosed with bowel cancer. Following hospitalisation and chemotherapy, he returned home where you cared for him until he passed away later that year.
23 In 2016 you stopped attending the First Step Program. By the time of your offending in 2019, you were smoking about five grams of heroin each day. Your time on remand has been your longest period of abstinence since you started using heroin.
24 You are currently being held in ‘The Lodge’ at Fulham Correctional Centre, which is privileged accommodation granted only to prisoners without incident and who are employed at the prison. You work in horticulture and are undertaking a horticulture course through Kangan TAFE. Until the COVID-19 restrictions, you were receiving regular visits from your mother and sister.
Prosecution submissions
25 In relation to the trafficking charge, the prosecution conceded that there is no evidence to contradict your account that you were storing the heroin, heroin press, gun, ammunition and cash for the owner, who was your dealer, and that you were in turn trafficking small amounts to your customers for their personal use. Nonetheless, the prosecution submitted that the objective seriousness of your offending is high, given the quantity of heroin seized, the period of the offending, and the frequency and contents of the text messages between yourself and your customers. The prosecution also submitted that inferences could be drawn that the drugs were not for personal use, and that a criminal business was being conducted on a large scale. It was submitted that your moral culpability was high and that your drug addiction is not a mitigating factor.
26 It was submitted that general and specific deterrence, just punishment and protection of the community are important sentencing considerations and that your prospects of rehabilitation are somewhat guarded.
Plea in mitigation
27 Your counsel tendered a bundle of documents, comprising: a negative drug screen from 16 September 2019; an employment/sentence progression passport from Fulham Correctional Centre; medical evidence from Genesis Medical Centre and the First Step Program concerning your participation in treatment with various morphine substitutes; and three character references.
28 Your mother, Carol Kane, who is 74 years old, writes that, although you had a drug problem which you had been battling for over 20 years, you were still able to function well and provide support and care to her, your sister, and your father. Your mother is diabetic and asthmatic and has had a total hip replacement. She suffered a right shoulder and arm injury at work as a nurse which required two operations. Your sister lives alone and suffers from chronic obstructive pulmonary disease but has been advised that she is not a candidate for a heart and lung transplant. Your mother sends her meals every day. Prior to your arrest, you helped your mother and helped her care for your sister.
29 Your mother describes helping you detoxify many times and that you ‘went through hell’ each time. She says you became more depressed and suicidal with every failed attempt. You would constantly apologise to her for what you had become. When your depression was particularly bad, she would sneak into your room to check you were breathing for fear that you would overdose. In about September 2019, your sister was intubated in the Intensive Care Unit and you found it very upsetting that you were not able to be there to support her and your mother. She fears that one day your sister will pass away and you will not be there.
30 She says your habit became worse in the two years before your arrest. She tried to get you clean but you described being trapped and having no way out.
31 She writes that in prison you withdrew from heroin without the aid of suboxone or methadone, which were offered to you, but which you refused. She says you now look alive and she feels she now has her son back. When she visits you, you tell her how sorry you are for the hurt you have caused her over the years.
32 Your neighbour, Rachael Paxton, describes you as a kind, gentle and giving person and as a devoted family member. She says that you stopped caring for yourself while caring for everyone else. You told her many times that you wanted to stop using drugs and she describes feeling heartbroken watching your unsuccessful attempts to detoxify. She has stayed in contact with you in prison and says you feel extremely sorry, embarrassed and ashamed. She says you are worried about your mother’s safety living on her own, and that you are worried about who will take care of your mother and sister. Family is important to you and you feel sorry for what you have put them through.
33 Father Stephen Sinn SJ, who has known you since you were a child, describes your battle with drug addiction and writes that you have struggled unsuccessfully to be clean. He says you are a man of integrity in your relationships, that you are a good and protective son, that you are close with your sister, and that you are loyal to your friends. He says you are ready to take responsibility for your actions.
34 It was submitted that the court should accept your instructions that over the years you used heroin you developed a relationship with your dealer, such that you permitted him to store his heroin, heroin press, scales, gun, ammunition, and cash at your home, in the hidden room you had built many years earlier, when you tried to grow cannabis for your own use. In return, you were permitted to help yourself to that heroin for your personal use, at cost price. In order to pay for the amount of heroin you used, you trafficked small quantities to your customers for their personal use.
35 It was submitted that your trafficking was comprised of two distinct activities. First, you were knowingly assisting the trafficking of another by storing heroin that you knew would be sold. Second, you were directly trafficking yourself on a small scale to fund your own use of the drug. The text messages on your phone (to 10 customers, with 11 transactions over three months amounting to hundreds of dollars only) demonstrate that your direct trafficking was at a smaller scale than would be suggested by the amount of heroin located. It was submitted that there was no real evidence of enrichment associated with your direct trafficking given that the cash belonged to your dealer and that it was exactly $30,000. Further, the wording of Summary Charge 6 indicates that the prosecution accepted that possibility.
36 It was submitted that the notebook was more in the nature of an address book, containing names, addresses and phone numbers, including the details of your treating doctors and clinics, and contained no figures or quantities, or other indicia of drug trafficking. It was submitted that the presence of a gun in the hidden room did not aggravate the trafficking offence because it was not loaded and was hidden away.
37 It was conceded that drug trafficking in a large commercial quantity is a serious offence. However, it was submitted that your direct trafficking was little more than street level activity and that, overall, based on quantity alone, your offending is toward the lower end of trafficking in a large commercial quantity.
38 It was also submitted that your own longstanding addiction to heroin over 20 years remains relevant in explaining how you came to hold heroin for the dealer, and how you came to traffick in small quantities to support your own habit. For this reason, it was submitted, your addiction is relevant to the assessment of your moral culpability.
Sentencing considerations
39 In relation to the charge of trafficking in a drug of dependence in not less than a large commercial quantity, you fall to be sentenced under the standard sentencing scheme.
40 This scheme provides that the court must have regard to the fact that the standard sentence applicable to this charge is 16 years. The standard sentence represents a sentence for an offence which, taking into account only objective factors concerning seriousness, is regarded as being in the middle of the range of seriousness.
41 When sentencing after 1 February 2018 for the current offence, the court must take into account both the maximum sentence and the standard sentence,[11] and must disregard sentences which precede that date.[12] However, the standard sentence does not dictate the sentence to be imposed but must be considered along with all other factors in s 5(2) of the Sentencing Act.[13]
[11]Sentencing Act s 5(2)(a)-(ab).
[12]Sentencing Act s 5B(2)(b); R v Brown [2018] VSC 742 [107]-[109]; R v Robertson [2019] VSC 145 [77]-[78].
[13]Brown v The Queen (2019) 59 VR 462 [106].
42 To date, according to counsel before me, there have been only six relevant sentences under the standard sentencing scheme. I acknowledge that such a small number of cases may not amount to current sentencing practice, but I refer to each of them briefly.
43 In DPP v Dong,[14] her Honour Judge Quin sentenced the 54 year old accused on one charge of trafficking in a large commercial quantity of heroin, to a total effective sentence of nine years’ imprisonment with a non-parole period of five years. Her Honour found that the offending lay in the middle of the range of seriousness for that kind of offending. The quantity of heroin found in the accused’s home was over twice the threshold of a large commercial quantity. The accused was found to be part of a drug syndicate who was trafficking over a two-week period. Although he was found to have a limited and subordinate role in keeping the heroin at his home, and not to have been greatly enriched by his participation. He had a solid work history, no prior criminal history, and good prospects of rehabilitation.
[14][2020] VCC 298.
44 In DPP v Nguyen,[15] his Honour Judge Stuart sentenced the 27 year old accused to eight years’ imprisonment for trafficking in a large commercial quantity of methylamphetamine, which was found in his backpack by police. He was also carrying three mobile phones, nearly $3000 in cash and an ice pipe. The quantity of methylamphetamine seized was six times a large commercial quantity. The court found that he was motivated by financial gain, was trusted by others to move the drug, and that his offending was at the lower end of the mid-range of offending. He was addicted to ice and had commenced using illicit substances at the age of 19.
[15][2019] VCC 1815.
45 In DPP v Kha,[16] his Honour Judge Carmody sentenced the 25 year old accused in relation to two counts of trafficking in a large commercial quantity of a drug of dependence. The first charge related to approximately one kilogram of methylamphetamine for which the accused was sentenced to seven years’ imprisonment.[17] The second charge related to 149.1g of methylamphetamine and 929.7g of MDMA for which the accused was sentenced to nine years’ imprisonment. He had served a previous term of imprisonment for trafficking and was serving a Community Correction Order at the time of the first charge. He had a history of polysubstance abuse, and his partner died of an overdose in 2018. The court found in relation to the second charge, that his offending was at a low-end in respect of a large commercial quantity of a drug of dependence.
[16][2019] VCC 1682.
[17]I note that the first charge pre-dated the standard sentencing scheme.
46 In DPP v Quah,[18] her Honour Judge Hampel sentenced the 31 year old accused, inter alia, to 15 years’ imprisonment for the offence of trafficking in a large commercial quantity (nearly three kilograms) of methylamphetamine, which was nearly four times the threshold for a large commercial quantity. The accused was intelligent and tertiary educated but addicted to cocaine. He had made two unsuccessful attempts to get clean, but these failed. He was found to have engaged in trafficking for profit and not just to pay for his own cocaine use. The court found the trafficking was at the low-end of the mid-range of offending. He had previous convictions for weapons offences and drug use/possession. He had good prospects of rehabilitation if he remained substance-free.
[18][2019] VCC 1158.
47 In DPP v Al Janabe & Anor,[19] his Honour Judge McInerney sentenced the 43 year old accused to 10 years’ imprisonment for trafficking in a large commercial quantity (nine kilograms) of a mixed substance containing methylamphetamine which was 12 times a large commercial quantity of a mixed substance and nearly 13 times a large commercial quantity of pure methylamphetamine. There were two aspects to his trafficking. The first involved trafficking between Victoria and Western Australia over a four-month period and he was involved in preparing, packaging and recruiting. The second aspect involved selling street (and some higher) quantities to friends. The operation was found to be a large scale commercial marketing operation motivated by financial reward. His Honour accepted that the offending was mid-range offending. The offending was committed while the accused was on bail. The accused was a refugee who arrived here in 1998. He was of below average intelligence, with limited English and limited education, and had been essentially unemployed. He gave an undertaking to assist the prosecution in relation to a shooting and assault to be heard in the Supreme Court of Victoria.
[19][2020] VCC 1313.
48 In DPP v Lamberti,[20] her Honour Judge Lawson sentenced the 34 year old accused in relation to two counts of trafficking in a large commercial quantity of a drug of dependence. The first charge was in relation to nearly two kilograms of cocaine mixture which was nearly two times the threshold for a large commercial quantity. The accused was sentenced to 12 years’ imprisonment on that charge. The second concerned trafficking in just over one kilogram of methylamphetamine mixture, which was slightly over 1.38 times the threshold for a large commercial quantity. The accused was sentenced to 10 years’ imprisonment on that charge. The accused had prior convictions in 2004 and 2009 for drug trafficking, and also had prior convictions for offences involving violence and dishonesty. A total of $211,000 was found at his parents’ home. There was no evidence of actual trafficking, and no weapons were found. The accused had used illicit substances since the age of 14 and had relapsed into drug use following interpersonal issues surrounding the breakdown of his marriage. The court rejected the argument that he was just holding the drugs and found that his moral culpability was high. The court found that the offending was mid-level offending.
Objective gravity of the offending
[20][2019] VCC 1498.
49 I accept the matters put on your behalf in relation to your longstanding drug addiction and battle against that addiction, how you came to construct the hidden room at your mother’s home, and how you came to store heroin, cash, a press, a gun and ammunition belonging to your dealer in that hidden room. I also accept the submission on your behalf that your own direct trafficking was of a very low scale to other heroin users, committed in order to enable you to keep purchasing heroin to feed your habit.
50 On the other hand, the purity and quantity of the drug trafficked are important indicia of gravity. The heroin found at your premises was of very high purity – between 79% and 85% purity – and the quantity involved was nearly one and a half times the threshold for a large commercial quantity of heroin (mixed substance).
51 The maximum sentence of life imprisonment prescribed for this offence is an important indicator of the seriousness of this kind of offending. In the light of the large profits that may be derived by those trafficking in such quantities of drugs and the harm that those drugs cause in our community, the principles of denunciation and general deterrence must be given particular emphasis.[21] By agreeing to store the heroin, cash and other items, you in effect became a part of the chain enabling a large scale commercial trafficking enterprise to exist. Your role was an important one, albeit a lesser role than if you had been the principal in the enterprise. I accept that the quantity of heroin was one and a half times the large commercial quantity of that drug, that your direct trafficking was at a low level, and to other drug users. When these features are considered along with all the other circumstances of your offending outlined above, I consider that your offending overall[22] in relation to the trafficking charge lies below the mid-level of seriousness for this offence.
[21]Nguyen v the Queen [2017] VSCA 262 [36] citing Dawid v DPP [2013] VSCA 64 [35].
[22]I note that the court is not permitted to make an assessment of the seriousness solely on the basis of objective factors. See Brown v The Queen (2019) 59 VR 462 [36].
52 As to the second offence on the indictment, possession of an unregistered general category handgun, I accept your explanation as to how you came into possession of the gun, that it was not loaded and was stored in the hidden room. Overall, I consider that your offending in this regard is quite low.
53 I turn briefly to the uplifted summary charges. I accept your explanation for the presence of the cartridge ammunition and the cash found on your premises. I note that you have no prior convictions for possessing cartridge ammunition. I also note that the ammunition was stored in the hidden room, and that the amount of cash on the premises was substantial, but not inconsistent with your claim that it belonged to the dealer, and that your own direct trafficking activities involved small amounts of heroin supplied to users for their own use. For these reasons, I do not consider that your offending lies at the higher end of the scale of seriousness for these types of offences.
Mitigating factors
54 I accept that you pleaded guilty at the earliest practicable opportunity. Your plea of guilty demonstrates that you have accepted responsibility for your offending, are remorseful for your offending and were willing to facilitate the course of justice. In addition, your plea is of significant utilitarian benefit in avoiding the need for a jury trial, particularly at a time when management of criminal trials is adversely affected by COVID-19 restrictions. Your plea of guilty is also indicative of remorse and I accept that you have expressed remorse to your mother in relation to this offending.
55 In addition, I note that you have no prior convictions for trafficking, no criminal appearances in the past 10 years, and that this is your first time in custody. I also note that you have attempted to get off heroin a number of times in the past, that you have managed to get off the drug whilst in custody without the use of any substitute medications, and that the time spent thus far on remand represents the longest period of abstinence you have experienced in over 20 years since you began using heroin. I accept that this period of abstinence has allowed you to reflect on the negative impact that heroin addiction has had on your life and that you are genuinely determined to remain abstinent after you are released. For these reasons, and because you will now be serving a lengthy gaol term, I consider that I do not need to give as much weight to specific deterrence in sentencing you, as I might otherwise have done.
56 I acknowledge that a particular hardship for you whilst in custody has been the frail health of your mother and sister and your worrying about them. I accept that your anxiety that they may pass away whilst you are undergoing sentence will make your time in custody more onerous. I also take into account that you have been unable to receive visits from family due to the COVID-19 restrictions and that your time in custody is more onerous during the period of these restrictions because of the absence of educational and rehabilitative programs.
57 I consider that your prospects of rehabilitation are good, provided you can maintain abstinence from heroin use when released from custody. Whilst your counsel submitted that it would be desirable for you to serve a considerable portion of the head sentence I impose in the community subject to the conditions of parole, I do not consider it is appropriate in the circumstances to depart from the usual gap between the head sentence and the non-parole period.[23]
[23]See Sentencing Act s 11A(4).
Sentence
58 Would you please stand?
59 On Charge 1, you are sentenced to eight years’ imprisonment.
60 On Charge 2, I impose a conviction and a fine of $500.
61 On Summary Charge 5, I impose a conviction and a fine of $300.
62 On Summary Charge 6, I impose a conviction and a fine of $500.
63 The total effective sentence is one of eight years’ imprisonment with a non-parole period of five years, together with fines totalling $1,300.
64 I declare that 351 days of pre-sentence detention, not including today, are to be reckoned as having been served and are to be deducted administratively from the sentence.
65 I declare that you are a serious drug offender pursuant to s 89DI of the Sentencing Act.
66 I indicate pursuant to s 6AAA of the Sentencing Act that, but for your plea of guilty, I would have imposed a sentence of 11 years’ imprisonment with a non-parole period of eight years.
67 The prosecution has sought a forfeiture order, a firearm forfeiture order and a disposal order in relation to items connected with your offending, and I will make those orders because I consider it to be in the interests of justice for those orders to be made, and because you have consented through your lawyer to those orders being made.
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