DPP v Webb

[2015] VCC 171

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR

DIRECTOR OF PUBLIC PROSECUTIONS

v

DENNIS WEBB

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:	23 February 2015
DATE OF SENTENCE:	23 February 2015
CASE MAY BE CITED AS:	DPP v WEBB
MEDIUM NEUTRAL CITATION:	[2015] VCC 171

REASONS FOR SENTENCE
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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr B. Nankin	Office of Public Prosecutions
For the Accused	Mr E. Mansell

1Dennis Adrian Webb, you have pleaded guilty before me to one charge of trafficking a commercial quantity of a drug of dependence, namely 1-4 Butanediol or 1-4B (Charge 1);  and being a non-prohibited person in possession of an unregistered long-arm (Charge 2).  Additionally, you have consented to three summary matters being heard by me namely, (1) possession of cartridge ammunition without a licence or permit;  (2) dealing with the proceeds of crime;  and (3) storing an unauthorised explosive:  fireworks. 

2The maximum penalties for these offences are as follows.  Charge 1 , trafficking in a commercial quantity:  25 years;  Charge 2, non-prohibited person in possession of an unregistered firearm:  two years;  and the summary matters, (1) possession of ammunition:  40 penalty units;  (1) proceeds of crime:  two years;  and (3) storing an unauthorised explosive:  100 penalty units.

3Particularly in respect of the trafficking charge, the maximum penalty of 25 years is reflective of the seriousness with which Parliament views this kind of offending.  Further, qualification as a commercial quantity is determined by the weight of the drug, in your case, this was a very substantial amount. 

4In August 2014, police began investigating activities at the house where you lived in Macrina Street, Oakleigh East.  On Tuesday, 9 September 2014 at approximately 6.45 am, police executed a warrant at these premises.  You and another man, Richard Les, were present.  A number of items were found and seized during the search.  They form the basis of all the charges.  These items are listed in paragraph 5 of the Crown summary, Exhibit A.

5Charge 1 – Numerous receptacles containing quantities of liquid were seized.  Each of the following were analysed and contained 1-4B i) A 600 ml Coke Zero bottle; ii) three plastic jugs inside a kitchen cupboard; iii) 17 small plastic bubble mix containers in the kitchen drawer; iv) three 10-litre red Gerry or petrol cans inside an Esky filled with cold water in the bathroom.  Additionally, there was on empty black Gerry or petrol can in the kitchen and other empty small bubble mix containers in the kitchen drawer.  A commercial quantity of this drug is two kilograms.  The total amount that you had was 35.54 kilograms, multiple times the amount that qualifies as a commercial quantity.

6Charge 2 – A double barrel 12-gauge Escort shotgun was found during the police search, located in a backpack that was on the couch in the lounge room. 

7The summary matters numbered 3, 4 and 5 – A search of the house revealed the goods the basis of the remaining summary matters.  Five shotgun cartridge shells in a sunglasses case were located with the shotgun in the backpack, the subject of Charge 2.  Cash in the total sum of $8230 was located in an envelope near a computer and in a wallet on the couch in the lounge room.  Assorted fireworks were found in the kitchen and in a hallway cupboard. 

8You were interviewed by police and made admissions indicating that you alone were responsible for the items discovered at the house.  You admitted to having a large quantity of 1-4B in the bath and kitchen.  You maintained in your interview that it was for personal use, though you admit later in your interview, that it was a bit much to have for personal use, especially since you had indicated you had used 2 and a half mls each time.  You also admitted that you had sold some of this drug before.  You said you had purchased 40 litres of 1-4B for $35,000.  You explained that you kept the drug in the Esky to maintain its liquid form.  You admitted to selling the drug to a handful of friends and that the cost depended on how much they bought.  You indicated that you trafficked to survive and pay the bills. 

9In respect of the firearm and ammunition, you said it had been given to you a few weeks ago, that you had no excuse for having it and it was stupid to take it when you did not want it.  You maintained that $5000 of the cash was from working as a chef, but you admitted the remainder in your wallet was from drugs.  You admitted the fireworks were yours though you thought they were too loud and you didn't want them.

10As previously indicated, you had a significant amount of 1-4B, 17 times more than the qualifying amount to be a commercial quantity.  This significant amount of drugs discovered at your home is an aggravating feature.  However, it was submitted on your behalf and the Crown accepted, that there was no indication of any sophisticated planning being involved in your offending or that it was part of a larger syndicate. 

11It was submitted, on your behalf, that there was some hope of commercial gain but, to that end, it was really a one-man enterprise that was triggered by feelings of isolation.  The Crown conceded that it was not at the high end of offending despite the quantity.  In relation to the firearm, no explanation was provided as to why you had the shotgun other than your own stupidity. 

12On any scale, trafficking in drugs is a serious offence, given the societal problems that these kind of drugs cause.  It was conceded that you were a small sole operator and clearly your history and your own admissions reflect that you have, at times, been a regular drug user.  As indicated by your counsel, you acknowledge that you have no one to blame but yourself.  You made full admissions to the offending and were co-operative with police, assisting them in locating cash and drugs in your house.

13You are currently aged 41, being born on 14 September 1973.  At the time of the offending, you were aged 40.  You have never married and have no children, you have had a number of short-term relationships, though currently you are single. 

14You are the youngest of seven children and grew up in Trafalgar in Gippsland.  There is a significant age gap between you and the next sibling and much of your time growing up was with your parents alone.  You left school in year 11 and trained to be a chef.  It is 20 years since you qualified as a chef and you have had various periods of employment in that capacity, particularly in rural Victoria. 

15You have had periods of your life where you have lapsed into drug use and alcohol abuse and isolated yourself from your extended family.  They have, however, remained supportive of you and some of them are present with you in court. 

16At the time of this offending, you were running your own catering business, though this was with limited success.  I was informed that you were somewhat resentful of the shift in your industry away from chefs like you, who were required to serve long apprenticeships, to those who obtained TAFE qualifications more easily.  You have struggled in this very competitive employment market.  This predicament though, of course, cannot justify you reverting to drug trafficking as a means of support. 

17You have prior convictions, most relevantly for trafficking and firearm offences.  On 8 April 2009, you were convicted of trafficking MMDA and possession or use of other drugs including 1-4B.  You were also convicted of firearm offences and dealing with the proceeds of crime.  You were placed on a community-based order, which was successfully completed.  In January 2005, you were convicted of trafficking amphetamine and received a fine.

18Your plea of guilty to these offences was entered at the first opportunity and you receive the full benefit for that having saved time and expense to the community.  In the record of interview you were candid with police and you admitted your involvement.  Your plea is indicative of remorse.

19It was submitted that your prospects for rehabilitation were reasonable.  As a qualified chef, you are able to be gainfully employed and you have insight into this offending. You have a good supportive family and, although you have relevant priors, they are less serious than the matters currently before me.  I note your first involvement in the criminal law was when you were aged 32 years.  The Crown described your rehabilitation prospects as modest or guarded but not hopeless.  Clearly, your prospects are dependent on you ceasing drug use and being gainfully employed in your chosen profession.  Your prospects for rehabilitation are fair. 

20You have been custody for this matters since your arrest on 9 September 2015 and this is your first experience in gaol.  It was submitted on your behalf that, in imposing a term of imprisonment, I should impose a shorter non-parole period given this was the first time that you had been in custody, that it was to be a lengthy period of imprisonment and that any prospective employment would depend on the period of time out of that industry.  I take those matters into account. 

21Given your prior history and the nature of this offending, both specific deterrence and general deterrence have a role to play in the sentencing exercise, as does just punishment and denunciation of your conduct.  It is necessary to balance considerations personal to you regarding your rehabilitation and re-integration into society with the society's interest in deterring you and others in engaging in the trafficking of drugs and the possession of unregistered firearms. 

22Taking all relevant sentencing considerations into account, I sentence you as follows.  In respect of Charge 1, trafficking in a commercial quantity of drugs, you are convicted and sentenced to a period of four and a half years.  In respect of Charge 2, being a non-prohibited person with a firearm, you are convicted and sentenced to a period of six months' imprisonment.  Three months of the period in relation to that will be cumulative.  For the summary offences, for the possession of ammunition, you are convicted and fined $200;  for the proceeds of crime, you are convicted and sentenced to one month imprisonment;  and for the fireworks, you are convicted and fined $200. 

23That makes a total effective sentence of four years and nine months and I set a non-parole period of two years and nine months.  Pre-sentence detention is 167 days. 

24Pursuant to s.6AAA of the Sentencing Act, if you had not pleaded to this matter, I would have sentenced you to a period of imprisonment of seven years, with a non-parole period of four years nine months.

25The disposal order and the forfeiture order were made the other day?

26MR NANKEN:  They were, Your Honour, but Your Honour did not date them.

27HER HONOUR:  Very well, I can do that now. 

28Thank you.

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