Trafficking in a Commercial Quantity of a Drug of Dependence

CQ Commercial quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic) and Criminal Code Regulations 2002 (Cth))

LCQ Large commercial quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic))

SQ Small quantity (as defined in Drugs, Poisons and Controlled Substances Act 1981 (Vic))

Please note that different threshold quantities apply for trafficking methylamphetamine in a commercial and large commercial quantity committed on or after 1 November 2017 (see 33.3.3.4.2 - State quantities - non-plants)’. Despite the changes in the applicable threshold quantities, meaningful comparisons may still be made between cases to which different threshold quantities applied if attention is focused on the threshold multiplier (expressed as a multiplier/percentage of the commercial/large commercial quantity for the drug). This multiplier information is indicated in the summary.

Principal offence covered in this table:

- Trafficking in a commercial quantity of a drug of dependence (maximum penalty: 25 years’ imprisonment)

Case Date Disposition Head Sentence / Individual Sentences Plea Offence Appeal Status Type Orders

Donaldson 25 Custodial 96 months (8 Trafficking in a commercial G (early) Offending – O purchased drugs from head of drug syndicate and [2016] VCC October years) quantity of a drug of sold them onto others. Drug syndicate operated in sophisticated 1692 2016 dependence (5 years); way. O had familiarity with code language used for trafficking. NPP – 48 months Trafficking in a drug of No evidence that O followed head’s directions or assisted him in (4 years) dependence x 2 (3 years any way. O obtained 2 l of 1,4-Butanediol (1 x CQ) from head and 6 months; 1 year and (trafficked on two days) and also trafficked a total of 252 g of $200 fine 3 months); methylamphetamine on two dates less than three weeks apart Possess prohibited weapon (serious example of trafficking simpliciter). O in possession of 9 x 3 (6 months x 3); g of MDMA, 0.2 g of cocaine, two tablets of LSD, 18.6 g of Possession of a drug of cannabis (0.37 x SQ), 0.2 of Clonazepam, less than 0.5 g of dependence x 7 (6 months Alprazolam, 2 g of Diazepam, 19.2 g of testosterone, crossbow, x 2; 3 months x 5); samurai sword, knuckle knife, fireworks, $3420 in cash and Dealing with proceeds of document that set out what O paid for various drugs and what crime (3 months); he sold them for (sale price generally over three times the Commit indictable offence purchase price). while on bail x 3 (1 month x 3); and Offender – Prior drug, weapon and dishonesty convictions, on Possess explosives ($200 bail, on CCO, 29 y male, trafficked for callous financial gain, fine). work history, sole carer of young daughters, drug use, work and clean drug screens in custody, lockdown remand conditions, support of family, desire to reconnect with children, totality, reasonable rehabilitation prospects. Parks 19 Custodial 90 months (7 Trafficking in a commercial NG – Offending – Police located 195 g of pure methylamphetamine Conviction appeal [2016] VCC August years and 6 quantity of a drug of traffickin (1.95 x CQ; 0.26 x LCQ) in 13 separate packages, two dismissed 1208 2016 months) dependence (6 years); g electronic scales and $101,340 in cash throughout O’s property. Trafficking in a drug of charges O operating significant trafficking operation. Serious example of Sentence appeal NPP – 54 months dependence (3 years); and trafficking. Methylamphetamine prevalent in community. 4.09

1 (4 years and 6 Possession of precursor possess kg of cannabis (0.16 x CQ) also located in various parts of dismissed months) chemical (1 year); precursor house. In possession of valuable amount of drug that was Possession of a drug of chemical readily saleable. Significant cannabis trafficking operation. O [2017] VSCA 232 $800 fine dependence x 2 (1 month ; also in possession of 5.2 g of cocaine with 50% purity (personal x 2); and G – all use), 16.8 g of 1,4 butanediol (for personal use), 1.12 kg of 1 September 2017 Possess cartridge other phosphorus acid (O fully aware of its role in the manufacture of ammunition ($800 fine). offences. methylampheatmine), two boxes of live ammunition, one box of case summary spent ammunition and assorted other spent cartridges.

Offender – Prior drug and weapon convictions, past breaches of court orders, ADHD, PTSD, 42 y male, O acquitted on some charges, drug and alcohol use, O found drugs allowed him to control ADHD, support of partner, no full insight, treatment, counselling, totality, guarded rehabilitation prospects. Walker 17 Custodial 86 months (7 Trafficking in a commercial G (early) Offending – O assumed deceased man’s identity and used false [2016] VCC February years and 2 quantity of a drug of licence to open post office box and 2 bank accounts (each 160 2016 months) dependence (4 years); contained residual balances of approximately AUD$5,000) and Possession of substances, to purchase property. Clandestine drug manufacturing NPP – 52 material, documents or laboratory was located on O’s property containing 189.4 g of (months) 4 equipment for trafficking in pure methylamphetamine (1.89 x CQ; 0.25 x LCQ) and a years and 4 a drug of dependence x 4 significant quantity of substances, equipment and chemicals months (2 years and 6 months; 1 intended for use in the manufacture of methylamphetamine. year and 6 months x 2; 1 Substances located had potential to produce multiple kilograms $200 fine year); of methylamphetamine. Substantial cache of firearms (including Possess unregistered a submachine gun) and ammunition was located on the general category handgun property and another submachine gun was located in O’s shed (rolled-up) (1 year and 8 at another property. When O arrested at airport he had in his months); possession undeclared moneys and UK passport that contained Possess an unregistered O’s picture but all other details were of the deceased man. O Category E longarm (1 participated in a sophisticated and substantial commercial drug year and 6 months); manufacturing operation over 3.5 months involving 1 aborted Possess an unregistered attempt at cooking the drugs and 1 successful cook. Not sole Category E firearm (1 year member of enterprise. Not financier. Played significant role. and 6 months); Retention of most weaponry in form of a safe house for the Giving false or misleading benefit of other criminals. information in relation to a foreign document Offender – Prior drug convictions and dated violence and application (Cth) (1 year); firearm convictions, imprisonment Verdins, adjustment Use false document (10 disorder, depression, distressed, high moral culpability months); regarding drug charges, gap in offending, institutionalised, Possess registered disadvantaged upbringing, support of family, work history, Category D longarm (10 delay, remorse, advanced age (74 y), male, difficult remand months); conditions, totality, commonality, moderate prospects of not re- Possess unregistered offending. Category C longarm (10 months); Possess registered Category C longarm (10 months) Dealing with proceeds of crime (Cth) (9 months); Possess unregistered Category A and B longarm (6 months);

2 Possess prohibited weapon (5 months); Dealing with proceeds of crime x 2 (5 months x 2); Possess registered Category A longarm (3 months); Possess registered Category B longarm (3 months); Possess silencer (3 months); and Possess cartridge ammunition x 2 (aggregate sentence - $200 fine). Fogarty 1 March Custodial 84 months (7 Trafficking in a commercial G (early) Offending – O and 2 co-offenders sourced and on-sold cocaine [2016] VCC 2016 years) quantity of a drug of and a commercial quantity of methylamphetamine to street 207 dependence (11 years); level traffickers and users. Continuing trade conducted on NPP – 54 months Trafficking in a drug of regular and commercial basis over 4 year period. Giretti count. (4 years and 6 dependence (2 years); Scale of trafficking in millions of dollars. Offending promoted months) Handle stolen goods (2 stealing and exchange of weapons for drugs. Stolen property years); accepted in return for drugs. Use of violence to collect debts. O Burglary (2 years); and co-offender main distributors of methylamphetamine in Theft (2 years); and small rural community. Prevalence of methylamphetamine. At Dealing with proceeds of highest level of drug activity. Planned and deliberate. O crime (1 year). committed burglary at V’s house taking 2 motor vehicles and other personal property.

Offender – Prior drug convictions, past breaches of court orders, on suspended sentences, drug use, motive said to be addiction and greed, relatively young (26 y), female, co-operation, undertaking to give evidence, efforts at education and self- improvement in custody, difficult custody conditions, support of family, remorse, inability to care for daughter whilst in custody, guarded rehabilitation prospects that can be relatively optimistic. Tran & Ors 5 Custodial 72 months (6 Trafficking in a commercial G (early) Offending – O2 principal supplier of drugs to co-offenders. O2 [2016] VCC February years) quantity of a drug of trafficked 945.9 g of methylamphetamine (1.89 x CQ; 0.95 x 77 2016 dependence x 3 (4 years x LCQ) over 7 weeks and 90.6 g of cocaine. $40,150 in cash NPP – 48 months 3); located at O2’s house when arrested. Serious commercial Offender 1 (4 years) Trafficking in a drug of profiteering. Head of hierarchy. O2’s co-offenders on-sold drugs dependence x 4 (2 years x to O1 and O3 (husband and wife). O1 with assistance of O3 $500 fine 4); sought supply and arranged distribution of wide variety of illicit Being a prohibited person drugs for on-sale at street level on daily basis over 3 months. possessing a firearm x 4 (6 Trafficked 1026.5 g of methylamphetamine (1.03 x LCQ), 675.8 months; 5 months; 4 g of MDMA (1.35 x CQ; 0.68 x LCQ), 75.712 kg of cannabis months; 1 month); (3.03 x CQ; 0.30 x LCQ), 142.5 g of ketamine (0.29 x CQ), 30 Possession of a drug of g of GHB (0.02 x CQ), 28 g of cocaine and 500 pills of dependence (1 month); alprazolam. Police also located testosterone. O1 and O3 were Driving whilst disqualified also conducting a manufacturing process with their (1 month); and methylamphetamine. Police located firearms, including loaded Possessing cartridge shotgun with safety switch turned off. Commercial enterprise of ammunition ($500 fine). significant scale. Profits went beyond personal use. No indication of high profits. O1 and O3 further down the hierarchy

3 than O2. O3 active and willing participant beyond being a vehicle for sale.

Offender 1 – Prior convictions, subsequent convictions, past breaches of court orders, gap in offending, drug use, 34 y male, support of family, likely deportation to NZ resulting in isolation from wife, work record, rehabilitative programs in custody, remorse, parity, reasonable rehabilitation prospects. Erbasi 7 July Custodial 72 months (6 Trafficking in a commercial G (early) Offending – O was the middle man of a drug operation. O’s [2017] VCC 2017 years) quantity of a drug of brother (CO) would bring methylamphetamine from interstate, 928 dependence (5 years 6 and O would pass it onto sellers. O trafficked just under 1kg of NPP – 48 months months) methylamphetamine in total (< 2.0 x CQ, < 1.0 x LCQ). (4 years) Trafficking in a drug of Police searched O’s vehicle and discovered 62.24g of ecstasy dependence (12 months) tablets (0.12 x CQ), intended for sale. Police also discovered $17,100 cash, a knuckle duster and a taser. Limited duration of Possessing a prohibited offending. Significant role. weapon x 2 (6 months x 2) Offender – prior convictions for firearms and drugs offences, 23 Dealing with proceeds of y male, letter to court, epilepsy, alcohol and drug use, crime (6 months) depression, young offender

Merheby 11 Nov Custodial 72 months (6 Trafficking in a commercial G (early) Offending – O trafficked drugs over three months out of family [2016] VCC 2016 years) quantity of a drug of home and various cars. Giretti basis. O bought and sold drugs 1691 dependence; and primarily over phone and took precautions to avoid police NPP – 42 months Trafficking in a drug of detection by seeking payment from anonymous electronic funds (3 years and 6 dependence x 4 transfer service. O trafficked total of 66.2 l of GHB (33.1 x CQ) months) (aggregate sentence - 5 (high level trafficking), 102.9 g of methylamphetamine years and 9 months). (medium level trafficking), 110 ecstasy pills of which 10 were supplied (low level trafficking) and 16.7 kg of cannabis (0.67 x Reckless conduct CQ) of which 3.2 kg were supplied (medium to high level endangering serious injury trafficking). O and associates also stole three bottles of (9 months). alprazolam and tried to sell them. O managed to sell one bottle for $350 (lower level trafficking). Trafficking in methylamphetamine prevalent. In the course of delivering drugs, O spotted police and drove off to evade police, despite police activating their lights. O later destroyed car by setting it alight in residential area near adjoining houses. Fire created risk of serious injury to residents (offending at lower level).

Offender – Prior drug and violence convictions, past breaches of court orders, on suspended sentence, 30 y male, drug use, gambling, chronic shoulder problem, work, courses and cessation of drug use in custody, support of family, regained religious faith, employment opportunity, totality, reasonable rehabilitation prospects. Saricayir 29 June Custodial 69 months (5 Trafficking in a commercial NG Offending – O had leased a property that was used as a grow [2017] VCC 2017 years 9 months) quantity of a drug of house. Phone records, documents and DNA evidence indicated 1058 dependence (5 years 6 that O was involved in trafficking. NPP – 48 months months) (4 years) Police searched the property and discovered 111 cannabis Theft (6 months) plants weighing 47kg (1.88 x CQ, 0.19 x LCQ), as well as an electricity bypass. Offender – no prior convictions, 36 y male, carer for child,

4 likelihood of deportation

Hamzy 24 June Custodial 66 months (5 Trafficking in a commercial G (early) Offending - O organised supply and delivery of 830 g of cocaine [2016] VCC 2016 years and 6 quantity of a drug of (1.11 x LCQ) from New South Wales to joint criminal enterprise 887 months) dependence (5 years); and partners in Victoria. O used delivery person to transfer cocaine. Knowingly deal with the Delivery person paid $205,850 by co-offenders as part payment New NPP – 48 proceeds of crime (1 year). for drugs. Commercial operation. O as supplier more senior months (4 member of criminal enterprise. Serious drug offender. years) Offender – No relevant prior convictions, subsequent drug convictions, 30 y male, high moral culpability, O’s habit and life financed through trafficking, separated from wife prior to offending, daughter with serious heart condition, anticipated that O’s daughter will require further surgery, failed urine screening in custody, family members imprisoned for drug trafficking offences, supportive wife, employment offer, no psychological/psychiatric problems other than adjustment disorder, remorse, delay, currently serving 6 year sentence, totality, parity, low chance of successful rehabilitation unless O controls drug addiction. Payne & 28 Custodial 66 months’ (5 Trafficking in a commercial G (early) Offending – O1 and O2 checked into a service apartment and Alberni February years 6 months) quantity of a drug of failed to check out at the proper time. A staff member entered [2017] VCC 2017 imprisonment dependence (5 years); and the room and discovered drug paraphernalia and contacted 162 police. Police searched the apartment and O1’s car and NPP – 36 months Dealing with the proceeds discovered: Offender 1 (3 years) of crime (6 months)  493.5g of methylamphetamine at 85% purity (0.99 x CQ; 0.49 x LCQ), of which 427g was pure  13.9 grams of MDMA with an 8% purity (0.03 x CQ; 0.01 x LCQ)  $2,410 cash, four mobile phones and false identity documents  deal bags, ice pipes, and scales. O1 and O2 received the drugs on consignment. They were preparing the drugs for trafficking and possessed the drugs for sale. Serious offending. Inept; not sophisticated operators.

Offender 1 – Prior drug convictions, motivated by need to support drug habit, 26 y male, support of family, powerful drug addiction, guarded prospects for rehabilitation, remorse.

Nguyen 26 May Custodial 61 months (5 Trafficking in a commercial G (early) Offending – Police located 237 g of methylamphetamine (2.37 x [2016] VCC 2016 years and 1 quantity of a drug of CQ; 0.32 x LCQ), $2,380 in cash, Derringer pistol, home-made . 711 month) dependence (4 years); 44 handgun, Winchester rifle, Stirling 12-gauge shotgun, Possession of an bulletproof vest, cartridge and samurai sword at O’s mother’s NPP – 41 months unregistered handgun (2 residence. No evidence of sales or enrichment. (3 years and 5 years); months) Possession of an Offender – Prior drug convictions, gap in offending, 48 y male, unregistered long arm (6 drug use, support of family. $2361.76 fine months); Possession of a prohibited weapon (3 months); Possession of a cartridge ($1476.10 fine); Possession of a controlled

5 weapon ($590.44 fine); and State false name ($295.22 fine). Elmaghraby 1 March Custodial 60 months’ Trafficking in a commercial G (early) Offending – O was driving and was pulled over by police. The [2017] VCC 2017 imprisonment (5 quantity of a drug of police searched the car and discovered seven bags containing a 155 years) (3 years dependence (5 years); and total of 635g of pure methylamphetamine (6.35 x CQ; 0.85 x and 6 months LCQ). The police also discovered $5500 in cash, two mobile cumulative upon Commit an indictable phones and a set of scales. O was on bail for separate drug and sentence O offence while on bail (1 violence charges at the time of offending. currently month) serving) Offender – Prior weapon conviction, subsequent convictions for drug and violence charges, motivated by financial gain for New NPP – 72 upcoming trial, 34 y male, mild traumatic brain injury, severe months (6 complex post-traumatic stress disorder, some remorse, family years) support, guarded prospects of rehabilitation.

Tran & Ors 5 Custodial 60 months (5 Trafficking in a commercial G (early) Offending – O2 principal supplier of drugs to co-offenders. O2 [2016] VCC February years) quantity of a drug of trafficked 945.9 g of methylamphetamine (1.89 x CQ; 0.95 x 77 2016 dependence (4 years and 6 LCQ) over 7 weeks and 90.6 g of cocaine. $40,150 in cash NPP – 40 months months); and located at O2’s house when arrested. Serious commercial Offender 2 (3 years and 4 Trafficking in a drug of profiteering. Head of hierarchy. O2’s co-offenders on-sold drugs months) dependence (2 years). to O1 and O3 (husband and wife). O1 with assistance of O3 sought supply and arranged distribution of wide variety of illicit drugs for on-sale at street level on daily basis over 3 months. Trafficked 1026.5 g of methylamphetamine (1.03 x LCQ), 675.8 g of MDMA (1.35 x CQ; 0.68 x LCQ), 75.712 kg of cannabis (3.03 x CQ; 0.30 x LCQ), 142.5 g of ketamine (0.29 x CQ), 30 g of GHB (0.02 x CQ), 28 g of cocaine and 500 pills of alprazolam. Police also located testosterone. O1 and O3 were also conducting a manufacturing process with their methylamphetamine. Police located firearms, including loaded shotgun with safety switch turned off. Commercial enterprise of significant scale. Profits went beyond personal use. No indication of high profits. O1 and O3 further down the hierarchy than O2. O3 active and willing participant beyond being a vehicle for sale.

Offender 2 – No prior convictions, drug use, depressive disorder, 28 y male, support of family and friends, rehabilitative programs, remorse, intelligent, parity, good rehabilitation prospects. Middleton 17 Nov Custodial 60 months (5 Trafficking in a commercial G (late) Offending – O in possession of two vacuum sealed bags [2016] VCC 2016 years) quantity of a drug of containing large quantity of ecstasy tablets, four rounds of .25 1735 dependence (3 years); calibre ammunition and grip from handgun in car in which O NPP - 36 months Handling stolen goods (2 had been driven to hospital due to a gunshot wound. O also in (3 years) years and 6 months); possession of large quantity of ecstasy pills in his home. Non-prohibited person Trafficking over 2 days. Total weight of pills 652.3 g (1.3 x CQ; possessing registered 0.65 x LCQ). O also in possession of 12 g of cannabis (SQ), general category handgun handgun, ammunition, stolen caravan valued at $45,000, stolen (1 year and 6 months); motorcycle valued at $16,000 and various items of jewellery Dealing with proceeds of valued between $20,000 and $30,000. Possession of handgun crime (1 year); perturbing feature of offending. Commit indictable offence 6 while on bail (1 month); Offender – Prior drug, bail contravention, dishonesty and Storing firearm in insecure weapon convictions, psychiatric admissions, suicide attempt manner (1 month); and following murder of friend, suggestion that exhibits features of Possession of a drug of Anti-Social Personality Disorder and pre-existing mood disorder, dependence (proven and on bail, 26 y male, support of family and partner with whom O dismissed). has daughter, work history, cannot play baseball due to injury, involved with motorcycle club, skills and dedication, employment opportunity, drug use, remorse, reasonable rehabilitation prospects.

Trinh & 26 Custodial 60 months (5 Trafficking in a commercial G (early) Offending - O1 sourced heroin in Sydney over 1 month period Sentence appeal Trinh February years) quantity of a drug of via 4 transactions and arranged for delivery of heroin to dismissed [2016] VCC 2016 dependence (5 years); and Melbourne by her sister (O2) on 2 occasions (each consignment 274 NPP – 36 months Possession of a drug of weighed 350 g, in total: 700 g (1.4 x CQ; 0.7 x LCQ)). Drugs [2016] VSCA 307 (3 years) dependence (6 months). were packaged and cut and then sent off to 5 separate street Offender 2 suppliers. Exact amount of drugs O1 dealt with unknown, but 9 December 2016 greater than 1 kg and not less than lower end of large commercial quantity. 350 g block of heroin purchased for case summary $95,000 - $97,000. O1 major operator, hub of the operation. At management level. O2 trafficked over 8 day period where O1 was major motivator. O2 lower category, but higher criminality than co-offender who was supplier of street vendor. Heroin located when warrant executed at Os’ home. Enterprise entered into for the making of profit. Criminality at very high level.

Offender 2 – No drug addiction, work history, education, 29 y female, motive said to be financial gain, O2 overly influenced by O1, parity.

Offender 1 Todman 31 Custodial 60 months’ (5 Trafficking in a commercial G (early) Offending – O’s house and car were searched and a large [2017] VCC January years) quantity of a drug of amount of drugs were found secreted in various areas on his 18 2017 imprisonment dependence (4 years); premises, including:

NPP – 33 months Trafficking in a drug of  233.1 grams of white crystals, of which 177 grams was pure (two years and dependence x 2 (15 methylamphetamine (1.77 x CQ; 0.236 x LCQ); nine months) months x 2); and  138 grams of brown tablets, of which 17.94 grams consisted of MDA (0.18 x CQ); Dealing with the proceeds  1.32 kilograms of colourless liquid, which was 1,4-butandiol of crime (6 months) (0.66 x CQ).

The police also found $29,350 in cash and five mobile phones.

Offender – Prior convictions for trafficking, possession of drugs and handling stolen goods, financial motivation, offence committed while on CCO, 36 y male, major depressive disorder complicated by recent drug use, abusive father, strong parental support, character reference, prospects of employment, strong relational support. Collins 3 March Custodial 60 months (5 Trafficking in a commercial G Offending – O1 and her son (O2) were street vendors of heroin [2016] VCC 2016 years) quantity of a drug of over 5 months. Heroin obtained from Sydney by co-offender 234 dependence and on-sold to O1 and O2 by another co-offender. NPP – 30 months Approximately 1,414 g (1.41 x LCQ) purchased from co- (2 years and 6 offender (purchase price of $180,000). O2 directly involved with 7 Offender 1 months) 686 g (1.37 x CQ, 0.69 x LCQ) representing a purchase price of $90,000. Difficult to ascertain the amounts that were on-sold by O1 and O2. Drugs purchased for Os’ own purposes and to be sold. O2 also trafficked alprazolam. O2 breached family violence protection order as protected person present when O2 arrested.

Offender 1 – Prior drug convictions, on CCO, gap in offending, drug use, 65 y female, loss of custody of grandchildren, loss of employment, loss of friend, relapse, parity.

Offender 2 Clifton 29 June Custodial 60 months (5 Trafficking in a commercial G Offending – O was drinking with his partner V, and began [2017] VCC 2017 years) quantity of a drug of burning V on the arm with a cigarette. V told him to stop but O 888 dependence (4 years) continued to do it, and then O punched V, pinned her down on NPP – 30 months the couch, placed his hands around her throat and squeezed. (2 years 6 Common assault (12 months) months) Police searched O’s house and discovered: Possessing a firearm as a  292g of MDMA (2.92 x CQ; 0.39 x LCQ) prohibited person (12  An unregistered .22 calibre semi-automatic rifle with a months) silencer Possessing a silencer as a  87 rounds of ammunition prohibited person (8 months)  Prohibited weapons consisting of a taser, an extendable baton and a canister of OC spray Possessing a prohibited weapon x 3 (aggregate O was subject to a Family Violence Intervention Order at the sentence – 3 months) time of offending. Offender – prior conviction for violence offence, 48 y male, physical condition, drug use, lockdown, need for pain relief, completion of courses, major depressive disorder, family support, character references, good prospects of rehabilitation

Van [2016] 2 May Custodial 57 months (4 Trafficking in a commercial NG Offending – O had agreement, arrangement or understanding Conviction appeal VCC 649 2016 years and 9 quantity of a drug of with co-offender that he would obtain half a kilo of cocaine from dismissed months) dependence another co-offender (target of police investigation) that would be provided to O for purposes of on-selling at street level. Text [2017] VSCA 149 NPP – 39 months messages exchanged between co-offender and target, and (3 years and 3 between O and co-offender, which suggested that O was 22 June 2016 months) seeking to purchase cocaine from target. A few days later co- offender obtained bag from target at target’s home. When co- offender left target’s home he waved at O who was parked in the street. O and co-offender drove off in separate cars. Shortly afterwards police located plastic bag with 399.3 g of cocaine of 72.7% purity (290.2 g of pure cocaine – 1.16 x CQ; 0.39 x LCQ) in co-offender’s car. $60,000 in cash located at target’s house. O held low level in hierarchy. Serious offender.

Offender – Prior drug convictions, offended shortly after completing parole for similar offending, anxiety, 26 y male, motivated at least in part to obtain money to support gambling, patchy work history, drug use, change in behaviour since birth of son, assisted youth in Buddhist and Vietnamese community, volunteering, willingness to work, support in community, excellent compliance with previous parole, parity, reasonable

8 rehabilitation prospects. Richardson 21 Dec Custodial 56 months (4 Trafficking in a commercial G Offending – Over 2 weeks, O sold 1,4-butanediol on three [2016] VCC 2016 years and 8 quantity of a drug of occasions to an undercover police officer (20 g for $50, 1 kg for 2014 months) dependence (4 years); $1,000 and 3 kg for $3,000). No commercial quantity of 1,4- butanediol prescribed at time of offending. O told the NPP – 36 months Attempting to possess a undercover officer O could supply methylamphetamine, and (3 years) drug of dependence (1 following the third transaction, O sold the operative 1.7 g of year); $200 fine methylamphetamine for $500. When arrested, O had 100 g of Possess property 1,4-butanediol in his possession, and a further 7.8 kg was suspected of being found at O’s home, along with bank and importation documents proceeds of crime (6 relating to the substance. Over a two-week period, Customs months); intercepted international cargo addressed to O’s home. The first Threat to kill (1 month); cargo contained 2,212 kg of 1,4-butanediol and the second contained 458 kg of 1,4-butanediol. Seven shotgun cartridges Possess cartridge were found in O’s self-storage unit. No legitimate source of ammunition ($200); and income but received in excess of $236,000 into bank accounts Commit an indictable over period. O also threatened to kill on a date several weeks offence while on bail before the start of the other offending. (conviction and discharge). Offender – Prior drug, firearms, driving and bail convictions, 32 y male, on bail, kept in solitary requirement because of alleged involvement in riots while on remand, serious motor accident in 2013, methylamphetamine and GHB abuse, ADHD, anxiety and depression, mental health deteriorated because of strict confinement, assessed as medium risk of re-offending. Anderson; 17 Nov Custodial 54 months (4 Trafficking in a commercial G (early) Offending – O1 trafficked three types of amphetamine over 5 Azzopardi 2016 years and 6 quantity of a drug of months and cocaine on two occasions. O2 trafficked [2016] VCC months) dependence (4 years); and methylamphetamine and methoxyamine over 5 months. O1 and 2071 Trafficking in a drug of O2 provided undercover operatives with ecstasy on several NPP – 33 months dependence (1 year and 4 occasions with total sales amounting to $8,150. O1 provided Offender 1 (2 years and 9 months). operatives with ecstasy on further occasions. In total O1 months) involved in 14 transactions of 3420 tablets of ecstasy (total pure amount of 177 g - 1.77 x CQ; 0.23 x LCQ) and 2 g of cocaine. Sales effected by O1 only amounted to $41,130. O2 also involved in on-sale of 1500 ecstasy tablets to co-offenders on two occasions, and sale of 2 g of cocaine to two co-offenders for $1000. In total O2 trafficked 2150 ecstasy tablets with purity between 16% - 25% (total pure amount of 33 g - 0.33 x CQ). Os acting as middle men by supplying street levels of ecstasy and cocaine to street dealers. Somewhat detailed operation.

Offender 1 – Prior drug convictions part of totality of O1’s drug addiction, stimulant use disorder, 25 y male, admissions, offending served O1’s addiction and provided O1 with money, has taken positive rehabilitation steps, O1 impacted by grandfather’s disease and by mother’s interstate move, O1 on his own, smart, apprenticeship, hardworking, drug use, support of mother who has returned to area where O1 lived, counselling, work, courses and cessation of drug taking in custody, remorse.

Offender 2

9 Rinaldi 2 Sept Custodial 54 months (4 Trafficking in a commercial G (early) Offending - O found by police sleeping in car at truck stop with [2016] VCC 2016 years and 6 quantity of a drug of ice pipe exposed. In O’s car, police found drug related 1301 months) dependence (4 years); paraphernalia in car, $13,854.85, 36.9 g of methylamphetamine, 12.8 g of amphetamine, 383.4 g of 1,4- NPP – 31 months Trafficking in a drug of Butanediol, 660.9 g of MDMA and 54.6 g of MDA. O was (2 years and 9 dependence x 4 (1 year x unlicensed. On O’s phone police found a document relating to months) 2; 9 months; 6 months); GHB manufacture. Appears operating a mobile drug selling $500 fine Possess document for business from car. Offending in respect of one day only. purpose of trafficking a Offender – Prior drug convictions, 25 y male, admissions, drug of dependence (6 trafficking to pay for own drugs, past lapses into drug use and months); offending, keen to change, support of family, ability to work Dealing with proceeds of hard, good prospects of rehabilitation. crime (6 months); Using a drug of dependence (3 months); and Unlicensed driving ($500 fine).

Ha 15 June Custodial 54 months (4 Trafficking in a commercial G (early) Offending – O’s bedroom contained 846.4 g of [2016] VCC 2016 years and 6 quantity of a drug of methylamphetamine at 80% purity (1.69 x CQ; 0.85 x LCQ), 811 months) dependence (3 years and 3 68.3 g of heroin at 12% purity (0.14 x CQ), 24.5 g of cocaine at months); 64% purity (0.05 x CQ), 3 ephedrine sulphate injection vials, 1 NPP – 30 months Prohibited person in vial of adrenaline, an air rifle and a quantity of air pellets, 2 (2 years and 6 possession of a firearm (1 boxes of Winchester centre fire cartridges for .32 automatic months) year); firearm, extendable baton and $80,160. O did not have Trafficking in a drug of prescriptions for ephedrine sulphate and adrenaline. Air rifle $500 fine dependence x 2 (1 year; 9 had been stolen from residential burglary where other firearms months); had also been stolen. Dealing with property suspected of being Offender – Prior drug, weapon and dealing in proceeds of proceeds of crime (6 crimes convictions, relatively young (26 y), male, motive said to months); be sale of drugs and other items to repay debt and support own Possession of a drug of drug use, engaged in studies, work history, prospects of work dependence x 2 (3 months with father, drug use escalated after breakdown of O’s x 2); relationship, remorse, first time in custody, not shown genuine Possession of a prohibited desire to rehabilitate from drug addiction, support of family, weapon (1 month); and shame caused to family, possible cross cultural gap when O Possession of ammunition growing up, totality, if O can control drug addiction reasonably ($500 fine). good rehabilitation chances. Walker & 19 Custodial 54 months (4 Trafficking in a commercial G (early) Offending – O1 and O2 on-sold heroin that came from Sydney Hannah February years and 6 quantity of a drug of and was provided to O1 and O2 by a co-offender. 728 g of [2016] VCC 2016 months) dependence (4 years and 6 heroin was purchased (1.46 x CQ; 0.73 x LCQ). $100,000 spent 142 months); and on drugs by O1 over 3 - 4 months. Money was O1’s and NPP – 24 months Possession of a drug of compiled from a number of persons for whom she was buying. Offender 1 (2 years) dependence (6 months). O2 was responsible for a maximum purchase of 448 g (0.9 x CQ) out of total 728 g. No certainty as to how much was on- sold. Considerable amount of purchased drugs consumed by offenders. Possession offending not for trafficking purposes (possession of heroin and methylamphetamine). At a lower hierarchy in trafficking offending.

Offender 1 – Prior convictions regarding offending that was 10 committed in drug milieu, 34 y female, drug use, in a relationship with O2, no financial motive apart from satisfying drug addiction, first time in custody, past gap in drug use, difficulties with accessing children, on methadone program, risk of offending linked to drug use.

Offender 2 Vu [2017] 17 July Custodial 48 months (4 Trafficking in a commercial G Offending – O had gone to a house that he knew was cultivating VCC 959 2017 years) quantity of a drug of a cannabis crop, lured the occupant outside and then entered NPP – 36 months dependence (3 years) through the unlocked door. O stole six large bags of cannabis (3 years) and intended to sell them. In total O had 50.58kg of cannabis Burglary (2 years) (2.02 x CQ, 0.2 x LCQ).

Police pulled O over after the burglary and discovered the bags of cannabis, a taser, a jemmy bar, a large screwdriver, a pair of secateurs, three pairs of gardening gloves, a battery powered head lamp, a black jacket and a black balaclava.

Planned offending. Premeditation. O had surveyed the property for three weeks.

Offender – motivated by financial gain, prior convictions for drug and aiding offences, 48 y male, chronic hepatitis B, lack of English skills leading to isolation in custody, family support, physical condition, guarded prospects of rehabilitation

Sepe 1 June Custodial 48 months (4 Trafficking in a commercial G (early) Offending – O was the supplier for a co-offender who was [2017] VCC 2017 years) quantity of a drug of arrested by police. O had trafficked 14.16L of 1,4-Butanediol 698 dependence (3 years 9 (7.08 x CQ), and 220.5g of methylamphetamine (0.88 x CQ, NPP – 32 months months) 0.08 x LCQ) over a one-month period. (2 years 8 months) Trafficking in a drug of When O was arrested he was found with 65.4g of dependence (6 months) methamphetamine (0.26 x CQ, 0.09 x LCQ) for trafficking purposes, and 0.4g of cannabis not for trafficking purposes. O Possession of a prohibited also had a set of nunchucks in his possession. weapon (1 month) Offender – motivated to support drug habit, prior conviction for Possession of a drug of dishonesty and drug offences, 33 y male, drug use, family dependence (convicted and support, transfer around different prisons, character references, discharged) remorse, good prospects of rehabilitation

Tran & Ors 5 Custodial 48 months (4 Trafficking in a commercial G (early) Offending – O2 principal supplier of drugs to co-offenders. O2 [2016] VCC February years) quantity of a drug of trafficked 945.9 g of methylamphetamine (1.89 x CQ; 0.95 x 77 2016 dependence x 3 (3 years x LCQ) over 7 weeks and 90.6 g of cocaine. $40,150 in cash NPP – 32 months 3); and located at O2’s house when arrested. Serious commercial Offender 3 (2 years and 8 Trafficking in a drug of profiteering. Head of hierarchy. O2’s co-offenders on-sold drugs months) dependence x 3 (2 years x to O1 and O3 (husband and wife). O1 with assistance of O3 3). sought supply and arranged distribution of wide variety of illicit drugs for on-sale at street level on daily basis over 3 months. Trafficked 1026.5 g of methylamphetamine (1.03 x LCQ), 675.8 g of MDMA (1.35 x CQ; 0.68 x LCQ), 75.712 kg of cannabis (3.03 x CQ; 0.30 x LCQ), 142.5 g of ketamine (0.29 x CQ), 30 g of GHB (0.02 x CQ), 28 g of cocaine and 500 pills of alprazolam. Police also located testosterone. O1 and O3 were also conducting a manufacturing process with their methylamphetamine. Police located firearms, including loaded

11 shotgun with safety switch turned off. Commercial enterprise of significant scale. Profits went beyond personal use. No indication of high profits. O1 and O3 further down the hierarchy than O2. O3 active and willing participant beyond being a vehicle for sale.

Offender 3 – No prior convictions, drug use, 33 y female, imprisonment onerous because limited knowledge of English, isolation, reactive depressed state and separation from child, work history, remorse, parity, good rehabilitation prospects. Khalil 2 June Custodial 48 months (4 Trafficking in a commercial G Offending - Police intercepted car driven by O where co- [2016] VCC 2016 years) quantity of a drug of offender was also present and located 3 hot water units. Soon 764 dependence after police searched Os’ premises and found items that NPP – 30 months provided storage for 1,4-butanediol, including 4 L bucket (2 years and 6 containing 6.8 kg of the drug in its frozen form (3.4 x CQ). months) Other items related to business of selling drugs, such as small containers/bottles and O’s mobile phone that contained texts between O and co-offender with references to drug trafficking. O continued to send texts relating to drug trafficking after co- offender was arrested. Texts illustrate significant level of business. No evidence of betterment. Trafficking occurred over 3 days.

Offender – Prior drug convictions, imprisonment Verdins, anxiety, depression, possible diagnosis of personality disorder, recently placed on undertaking having breached 2 CCOs for trafficking and other drug-related offences, 27 y male, support of family, suffered abuse from father, drug use, coming out regarding sexuality difficult process, work history until drug use led to unemployment, death of father, attempt to overcome drug issues, remorseful, admissions, first time in custody. Ajanaf 28 June Custodial 48 months (4 Trafficking in a commercial G - Offending – Police located 2446.2 g of methylamphetamine, [2016] VCC 2016 years) quantity of a drug of possessio 40.8 g of cocaine, 16.5 g of MDMA, 4.1 g of amphetamine and 900 dependence (4 years); and n of 5- 1.1 g of 5-methoxy-N, N-methylisopropyltryptamineat in NPP – 30 months Possession of a drug of methoxy bungalow at O’s parents’ premises where O resided. Jury held (2 years and 6 dependence x 4 (1 month -N, N- cocaine, MDMA and amphetamine for O’s personal use. O months) x 2; $300 fine; $200 fine). methylis complicit by way of assisting to sell methylamphetamine of opropyltr another person by holding/minding the methylamphetamine $500 fine yptamine knowing it was to be sold. No evidence that O would financially at; benefit from sale. Lower degree of criminality.

NG – all Offender – Prior convictions, completion of long parole, drug other use with recent escalation, 27 y male, history of alcohol use, offences. good efforts at rehabilitation, lockdown remand conditions, reasonable rehabilitation prospects. Hoang; Dau 12 April Custodial 48 months (4 Trafficking a commercial G (early) Offending – O1 and O2 were part of a criminal enterprise [2017] VCC 2017 years) quantity of a drug of importing drugs into Australia. 399 imprisonment dependence O1 had been negotiating with a co-offender as to selling Offender 2 NPP – 24 months cocaine. Once prices and amounts were agreed O1 and O2 (2 years) transported the cocaine in O1’s car. Police intercepted the Offender 1 vehicle and discovered a white plastic bag containing cocaine. summarised The bag contained 704.8g gross contain, or 499g pure (1.996 x in Federal

12 Drug CQ, 0.7048 x LCQ). Offences O2 had received instructions from O1 to wrap the cocaine and place it in the car, and travel together to the sale.

Offender – motivated by financial gain and drug use, no prior convictions, 21 y male, drug use, isolation, youthful offender, good prospects of rehabilitation, lockdown

Fraser 21 April Custodial 42 months (3 Trafficking in a commercial G Offending – Police searched O’s mother’s house and found 2.4g [2017] VCC 2017 years 6 months) quantity of a drug of of amphetamine, a crossbow and a butterfly knife. Police 459 imprisonment dependence (3 years); searched the house again days later and found 3g of cannabis. Days later, police searched the house and O’s caravan and NPP – 21 months Trafficking in a drug of discovered 565g of cannabis (0.02 x CQ) and 161.6g of (1 year 9 dependence (18 months); methamphetamine (139g pure - 1.39 x CQ, 0.19 x LCQ), as months) well as cash, jewellery, alcohol, and various other items Negligently dealing with suspected of being the proceeds of crime. proceeds of crime (6 months); Offender – prior convictions for drug offences, 25 y male, age of offender, lower than average cognitive functioning, learning Possessing a drug of difficulty, literacy problems, alcohol and drug use, disjointed dependence (3 months); childhood, family support and

Possessing a prohibited weapon (1 month)

Jurd [2016] 9 Sept Custodial 40 months (3 Trafficking in a commercial G (early) Offending - O found by police sleeping in car outside parents VCC 1353 2016 years and 4 quantity of a drug of with ice pipe exposed. In O’s car, police found bags containing months) dependence (2 years and 7 different drugs, containers of capsules, an ice pipe (which O months); admitted he had used to smoke ice), various phones, $5,520, NPP – 10 months Trafficking in a drug of green vegetable matter, a vial of liquid and, in O’s pocket, a dependence x 5 (9 months bag containing white powder. In O’s bedroom police found bags $300 fine x 3; 5 months; 3 months); containing different substances, vials of substances, and an Possession of a drug of electronic safe containing white tablets. The drugs to which the dependence x 4 (3 months trafficking charges relate included 560.5 g of ethylone with 22% x 2; 2 months; $100 fine); purity (1.12 x CQ), 83.9 g of MDMA with 15% purity (0.17 x Dealing with property CQ), 23.2 g of methylamphetamine, 962.4 g of 5-Methoxy C N, suspected of being N-Dimethyltryptamine with 5% purity being 48 g in total, 7.6 g proceeds of crime (3 of Ketamine with purity between 29-46% (0.02 x CQ), and months); and 88.7g of methorphan with a purity of 11-65%. The possession Using a drug of charges related to 2.3 g of cocaine, 11.4 g of oxymetholone, dependence ($300 fine). cannabis (SQ), 10.4 g of testosterone. Not a principal in drug trafficking business, but assisted principal by storing drugs and driving them and principal to distribution points. Role considerably facilitated drugs distribution. Role between low to middle range.

Offender – No prior convictions, 25 y, ice addict paying off debts to principal, exceptional progress in addiction treatment, excellent prospects of rehabilitation, co-operated with authorities, support of family and friends, history of drug abuse, severe methylamphetamine use disorder, shipment of business products stolen which were destined for bikies who demanded

13 products or return of money, borrowed money from principal in exchange for doing favours in assisting with trafficking operation, emotionally vulnerable, was living chaotic lifestyle of drug addict, intensive rehabilitation as inpatient, lockdown conditions following prison riots, commenced study.

Bowden 24 May Custodial 38 months (3 Trafficking in a commercial G Offending – Police located 18.5 kg of 1,4-butanediol (9.25 x [2016] VCC 2016 years and 2 quantity of a drug of CQ), 23.3 g of methylamphetamine (0.05 x CQ), 13.1 g of 708 months) dependence (2 years and 6 cannabis (SQ), 0.02 g of MDMA, documents, keys, racing bike, months); computers, rings, cash, iPad and knuckle dusters in O’s NPP – 22 months Trafficking in a drug of residence. Possession of cannabis and MDMA not for trafficking (1 year and 10 dependence (1 year); purposes. Street values of butanediol between $10,000 and months) Possession of a drug of $17,000. O stood to derive only a modest amount from dependence x 2 (3 trafficking. months; 1 month); Dealing with property Offender – Prior drug, dishonesty and weapon convictions, past suspected of being breaches of court orders, imprisonment Verdins, depression, on proceeds of crime x 9 (6 parole, drug use, motive said to be own use and financial gain, months x 5; 3 months x 2; 33 y male, remorse, support of family, totality, isolated 2 months x 2); and reclusion, good but guarded rehabilitation prospects. Possession of prohibited weapon (3 months). Fullaway 29 June Custodial 36 months (3 Trafficking in a commercial G (early) Offending – O was involved with an MDMA dealer, and [2017] VCC 2017 years) quantity of a drug of purchased 4850 ecstasy tablets weighing 1212.5g (12.125 x 886 dependence CQ; 1.61 x LCQ) for $38,000. O then trafficked those tablets to NPP – 24 months others. (2 years) Offender – motivated to support drug use, prior convictions for drug offences, subsequent charges for drug offences, 23 y male, delay, youthful offender, family support, rehabilitation programs, character references, reasonable prospects of rehabilitation, parity

Basel 12 Combination 23 months’ Trafficking in a commercial G (early) Offending – O wore satchel containing vials of GHB and $1,515 [2016] VCC August imprisonment (1 quantity of a drug of in cash. O’s apartment contained caches of drugs in bedside 1172 2016 year and 11 dependence; table, wardrobe, TV cabinet, chest of drawers and safe in months) Trafficking in a drug of wardrobe. Drugs were found in various forms and various dependence x 3; containers. O in possession of 4,485.7 g of GHB (2.24 x CQ), 48 month CCO Possession of a drug of LSD, MDMA and N,N-Dimethyltrypetamine for purposes of sale. (4 years): dependence x 6; O also in possession of methylamphetamine, ketamine, - supervision; Possession of controlled steroids, cocaine, diazepam, cannabis, knuckle duster and tear - drug weapon x 2; and gas canister. treatment; and Possession of proceeds of - offending crime (aggregate sentence behaviour – 2 years and 11 months’ programs. imprisonment and on all Offender – Prior convictions of little relevance, pending drug offences – 4 year CCO). and dishonesty matters, on CCO, young adult, male, intelligent, educated, drug use, commenced rehabilitation since bailed, employment, accommodation, support of family, counselling, cessation of drug taking, remorse, 22 days of PSD not declared.

Lynn 17 Combination 22.82 months’ Trafficking in a commercial G (late) Offending – O trafficked in an aggregated commercial quantity [2016] VCC March imprisonment quantity of a drug of of amphetamine, methylamphetamine and dimethyl 313 2016 (694 days) dependence (694 days’ amphetamine for purposes of sale (total of 1,127.2 g with low (time served) imprisonment and 2 year level of purity (1.13 x LCQ)). Drugs located in zip-lock bags in 14 CCO); and car that O was arrested in. O was to be paid $8000 for drugs. O 24 month CCO Theft (6 months’ not at top of hierarchy. Theft of car from premises of V who had (2 years): imprisonment, 1 month invited O to stay at V’s premises. - community licence disqualification). work (100 hours Offender – No relevant prior convictions, subsequent drug within 1 year); convictions, drug and alcohol use, 44 y male, no family support, - supervision; no accommodation, limited remorse and insight, imprisonment - drug and more burdensome due to death of mother and lockdowns due alcohol to riots, solid work ethic, sound intelligence, currently not using treatment; drugs, fairly good rehabilitation prospects. - mental health treatment; and - offending behaviour programs.

1 month licence disqualification Phan [2016] 11 Nov Custodial 22 months (1 Trafficking in a commercial G (early) Offending – O in possession of cannabis in numerous bags and VCC 1667 2016 year and 10 quantity of a drug of 5 cannabis buds weighing total of 79.58 kg (3.18 x CQ; 0.32 x months) dependence (1 year and LCQ), four vacuum-seal machines and knife at his home. O 10 months); and mid-tier role. Cannabis would be delivered to him and he would Possess prohibited weapon then forward it to someone else. No evidence that O actually (1 month). engaged in selling.

Offender – No prior convictions, suicide attempts, currently no mental health issues, 27 y male, dysfunctional upbringing, unlawfully in Australia as student visa cancelled when parents could no longer provide financial support, gambling issues, O amassed substantial debt, support of family, remorse, work in custody, seizure of car due to offending, positive rehabilitation prospects. Tran [2016] 2 Nov Combination 20 months’ Trafficking in a commercial G Offending – O was prepared to pay a drug dealer so that he VCC 1612 2016 imprisonment (1 quantity of a drug of could find out where the drug dealer kept the money and then year and 8 dependence steal the money. O and friend then burgled room where they months) had earlier met the drug dealer. O took cartons that he believed contained cash, but O later discovered that they contained 12 month CCO drugs. O did not know type, quantity or purity. O did not (1 year): immediately discard cartons but formed intention to try to sell - supervision; commercial quantity for profit. Police located drugs (1.1 kg of - drug and methylamphetamine with purity from 85% to 92% (1.1 x LCQ)) alcohol at motel where O and his girlfriend had stayed. No practical treatment; and steps taken to sell drugs. O did not intend to engage in - offending protracted or ongoing drug trafficking. Involvement confined to behaviour no more than one or two days. Not part of syndicate. Relatively programs. low level of offence. Widespread distribution and use of methylamphetamine harmful problem in community.

Offender – Prior drug, dishonesty and violence convictions, escalation in gravity of offending, past breaches of court orders, youthful (25 y), male, admissions, difficult childhood with many siblings and family responsibilities, family relies on O, work history, drug and alcohol use, lockdown remand conditions, remand salutary effect on O, remorse, cessation of drug taking,

15 established two new businesses while on bail with some profit going to charitable organisation, fate of business uncertain while in prison, onerous imprisonment due to concern about family and pregnant girlfriend, promising rehabilitation prospects. Vu 19 May Combination 20 months’ Trafficking in a commercial G Offending – O middle man in drug trafficking operation. More [2016] VCC 2016 imprisonment (1 quantity of a drug of serious offender than co-offenders who were a crop sitter and a 660 year and 8 dependence courier. months) Offender – No prior convictions, imprisonment Verdins, 12 month CCO depression, anxiety, 47 y male, difficult upbringing, good work (1 year): history, multiple relationship breakdowns, separation from - drug children, employment, support of family, lockdown remand assessment and conditions, remorse, delay, parity, good rehabilitation treatment; and prospects. - mental health treatment. Kabba 18 Nov Combination 18 months’ Trafficking in a commercial G Offending – O in possession of 815 g of methylamphetamine at [2016] VCC 2016 imprisonment (1 quantity of a drug of 80.3% purity (1.63 x CQ; 0.82 x LCQ) contained in two clear 1760 year and 6 dependence (1 year and 6 bags under fake floor in kitchen. O was approached to keep months) months’ imprisonment and drugs at his home and was to be paid $10,000 for doing so. O 2 year CCO); never received any money. O’s conduct facilitated storage of 24 month CCO Possession of a drug of significant amount of drugs for own personal reward. Role (2 years): dependence ($100 fine); analogous to crop-sitter in cultivation cases. Limited role. O not - community and involved in any transactions or immersed in drug culture. O also work (75 hours); Possession of ammunition in possession of 30 rounds of .22 cartridge ammunition and 1.4 - drug ($100 fine). g of cannabis (SQ). No suggestion that ammunition related to treatment; any weapon in O’s possession. - mental health treatment; Offender – Prior convictions, depression, anxiety, cannabis use - supervision; disorder in early remission, PTSD, 27 y male, financial and pressures associated with efforts to reunite family, studies, - judicial work history, troubled background, exposure to domestic monitoring. violence, war and displacement as refugee, support of partner, car accident prior to offending as a result of which O no longer $200 fine able to travel to his job, unemployment, work and cessation of drug taking in custody, remorse, willingness to engage in treatment, good rehabilitation prospects dependent on O engaging with professionals to address O’s drug and personal issues. Tran 1 June Combination 18 months’ Trafficking in a commercial G Offending – Offending aggravated by sophisticated secret hiding [2016] VCC 2016 imprisonment (1 quantity of a drug of places created by O to conceal drugs and existence of early 747 year and 6 dependence (1 year and 6 warning system. months) months’ imprisonment); Trafficking in a drug of Offender – Prior convictions for similar offending, imprisonment 18 month CCO dependence (6 months’ Verdins, depression, male, serious health problems resulting in (1 year and 6 imprisonment); and disability and disfiguration, drug use, difficult background, months): Possession of cartridge support of family, isolation from sons in custody, lockdown - drug ammunition (conviction remand conditions, remorse, cessation of drug taking since assessment; and discharge). incarcerated, poor English skills, guarded rehabilitation - medical prospects. assessment; Possession of a firearm x - mental health 3; treatment; Possession of a silencer;

16 - rehabilitation and programs; and Dealing with property - supervision. suspected of being the proceeds of crime (on all offences – 1 year and 6 month CCO). Payne & 28 Combination 18 months’ (1 Trafficking in a commercial G (early) Offending – Offending – O1 and O2 checked into a service Alberni February year 6 months) quantity of a drug of apartment and failed to check out at the proper time. A staff [2017] VCC 2017 imprisonment dependence (18 months’ member entered the room and discovered drug paraphernalia 162 imprisonment and 18 and contacted police. Police searched the apartment and O1’s 18 month CCO: month CCO); car and discovered: Offender 2  493.5g of methylamphetamine at 85% purity (0.99 x CQ; - Supervision Dealing with the proceeds 0.49 x LCQ), of which 427g was pure of crime (3 months’  13.9 grams of MDMA with an 8% purity (0.03 x CQ; 0.01 - Drug imprisonment); x LCQ) treatment  $2,410 cash, four mobile phones and false identity and Drive whilst suspended documents assessment ($700 fine); and  deal bags, ice pipes, and scales. O1 and O2 received the drugs on consignment. They were $1000 fine Use unregistered motor preparing the drugs for trafficking and possessed the drugs for vehicle ($300 fine) sale. Serious offending. Inept; not sophisticated operators.

Offender 2 – No prior convictions, motivated by need to support drug habit, 23 y female, pregnancy terminated at young age, early drug use, remorse, limited literacy skills, drug treatment program, good prospects of rehabilitation.

Bundy 2 March Combination 9 months Trafficking in a commercial G Offending – O possessed drugs for the purposes of sale. His [2017] VCC 2017 imprisonment quantity of a drug of method was to buy them in bulk at cheaper prices and then sell 167 dependence (9 months) them. He begun selling drugs around four months ago. O sold 24 months (2 drugs to support his drug habit and provide for his own years) CCO: Trafficking in a drug of necessities. Police discovered methylamphetamine, MDMA, dependence (2 months) ketamine and 1,4-Butanediol in O’s residence which consisted - 200 hours of 1.6 times the aggregate commercial quantity. Police also community Possession of a drug of discovered DMT, LSD, magic mushrooms, Xanax and Diazepine work dependence (conviction possessed for the purposes of sale. O also possessed Viagra. and $250 fine) - Drug Offences of trafficking on a single day. Mid to low level treatment On all offences – 2 year offending. and CCO assessment Offender – no prior conviction, motivated by financial gain and to support drug habit, 27 y male, drug use, otherwise good - Mental Health character, character references, completion of rehabilitative treatment programs, HIV positive, vulnerable personality, health status and and sexual orientation leading to burden in prison, strong assessment prospects of rehabilitation.

- Supervision

Wilkins & 26 April Combination 5.52 months Trafficking in a commercial G Offending – O1 was the head of a drug trafficking ring regarding Anor [2017] 2017 (168 days) quantity of a drug of the sale of large quantities of methamphetamine and other VCC 484 imprisonment dependence (x2); drugs including cocaine and steroids, while O2 was second in (time served) the hierarchy. The ring also included a number of sub-dealers, Possessing a drug of of which one supplied large quantities of methamphetamine to

17 Offender 1 60 months (5 dependence (x2); O1. years) CCO: Trafficking in a drug of O1 was organising activity, used other people's bank accounts, - 400 hours dependence; and arranged for other people's transaction and enlisted other community people's services in running this ring. This offending took place work Possessing an unregistered over six months. - Drug firearm (on all offences – assessment 168 days imprisonment During that period, the offenders trafficked 850g of and and 60 months CCO) methylamphetamine (mixed) (1.7 x CQ, 0.85 x LCQ), 250g of treatment cocaine (mixed) (0.5 x CQ, 0.25 x LCQ), and 550-600g of - Mental health amphetamines (mixed) (1.1 x CQ, 0.55 x LCQ). Police searched assessment O1’s premises and discovered various anabolic steroids, a debt and list, drug trafficking paraphernalia such as scales, an ice pipe, treatment an air rifle, and vehicles. - Supervision Offender – motivated by drug use and financial gain, no prior convictions, 28 y male, difficult childhood, drug use, successful completion of rehabilitation programs, remorse, extremely positive prospects of rehabilitation, parity, delay, family support, adherence to bail conditions

Wilkins & 26 April CCO 52 months (4 Trafficking in a commercial G Offending – O1 was the head of a drug trafficking ring regarding Anor [2017] 2017 years 4 months) quantity of a drug of the sale of large quantities of methamphetamine and other VCC 484 CCO: dependence; drugs including cocaine and steroids, while O2 was second in the hierarchy. The ring also included a number of sub-dealers, Offender 2 - 350 hours Trafficking in a drug of of which one supplied large quantities of methamphetamine to community dependence; O1. work - Drug Possessing a drug of O1 was organising activity, used other people's bank accounts, assessment dependence; arranged for other people's transaction and enlisted other and people's services in running this ring. O2 was doing similar work treatment Recklessly dealing with the one level below. This offending took place over two months. - Mental health proceeds of crime; assessment During that period, the offenders trafficked 850g of and Possessing a prohibited methylamphetamine (mixed) (1.7 x CQ, 0.85 x LCQ), 250g of treatment weapon; and cocaine (mixed) (0.5 x CQ, 0.25 x LCQ), and 550-600g of - Supervision amphetamines (mixed) (1.1 x CQ, 0.55 x LCQ). Possessing cartridge ammunition without a O2’s premises were searched and police discovered ammunition licence (on all offences – 4 of various calibres and various ornamental swords, and a Bose year 4 month CCO) speaker suspected to be bought with the proceeds of crime.

Offender – motivated by drug use and financial gain, no prior convictions, 31 y male, drug use, adherence to bail conditions, extremely positive prospects of rehabilitation, parity, delay, family support

Bugeja 15 June CCO 36 months (3 Trafficking in a commercial G (early) Offending – O was involved in the interstate supply of 1,4- [2017] VCC 2017 years) CCO: quantity of a drug of butanediol between Victoria and South Australia. O had supplied 782 - 300 hours dependence; some co-offenders with 11.4L of 1,4-Butanediol (5.7 x CQ) in community exchange for $11,800. work Trafficking in a drug of dependence; Police searched O’s house and discovered items indicative of - Drug trafficking, an unregistered air rifle, four assorted ammunition

18 assessment Possessing an unregistered rounds, four samurai swords, a butterfly knife and two large and category A or B long arm; knives with sheathes. treatment - Offending Possessing cartridge O also admitted selling 3.5g of methylamphetamine and 2g of behaviour ammunition; cannabis to associates. programs Possessing a prohibited Offender – prior unrelated conviction, 32 y male, problematic weapon; and childhood, drug use, good prospects of rehabilitation, family support, rehabilitation programs Possess controlled weapon (aggregate sentence – 3 year CCO)

El Kobaili 21 CCO 24 months (2 Trafficking in a commercial G (early) Offending – O regularly travelled from Sydney to Melbourne and [2017] VCC March years) CCO: quantity of a drug of supplied methylamphetamine to his co-offender, eight times 280 2017 dependence (2 years over the course of 11 months. Police intercepted O at - Supervision CCO); and Melbourne airport and found 276.5g of methylamphetamine with an 82% purity, or 226.73g pure methylamphetamine (2.26 - Drug Dealing with property x CQ; 0.30 x LCQ), as well as $694 in cash. treatment suspected of being and proceeds of crime Limited duration of offending. Courier. Small amount of funds assessment (convicted and $200 fine) involved, not sophisticated operation. Took place in context of mental health and drug issues. - Alcohol treatment Offender – prior convictions for violence, drug and driving and offences, 25 y male, family support, mild intellectual disability, assessment drug use, significant mental health issues, depression and anxiety, imprisonment more burdensome due to mental health, - Mental health successful CISP completion, parity principles not applied, good treatment rehabilitation prospects but cautious, interstate resident. and assessment