DPP v Leggat & Anstee [2023] VCC 1374 (7 August 2023)

Last Updated: 19 September 2023

IN THE COUNTY COURT OF VICTORIA AT MELBOURNE CRIMINAL DIVISION

Revised Not Restricted Suitable for Publication

Case No. CR-22-01495
CR-22-01496

DIRECTOR OF PUBLIC PROSECUTIONS
v
MICHAEL LEGGAT

TARA ANSTEE

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JUDGE:	Kelly
WHERE HELD:	Melbourne
DATE OF HEARING:	24 July 2023
DATE OF SENTENCE:	7 August 2023
CASE MAY BE CITED AS:	DPP v Leggat & Anstee
MEDIUM NEUTRAL CITATION:	[2023] VCC 1374

REASONS FOR SENTENCE
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Subject: CRIMINAL LAW

Catchwords: Firearms Offences – Drug Offences – Co-Offenders – Gravity of Offending – Prospects of Rehabilitation – Youthful Offenders – Childhood Deprivation – Disparity – Purposes of Sentencing.

Legislation Cited: Crimes Act 1958; Drugs, Poisons and Controlled Substances Act 1981; Firearms Act 1996; Control of Weapons Act 1990; Sentencing Act 1991.

Cases Cited: Berichon v The Queen [2013] VSCA 319; (2013) 40 VR 490; Bugmy v R (2013) 169 CLR 571; R v Doran [2005] VSCA 271; R v Mills [1998] 4 VR 235; Azzopardi v The Queen [2011] VSCA 372; (2011) 35 VR 43; Akoka v The Queen [2017] VSCA 214; Worboyes v The Queen [2021] VSCA 169; (2021) 96 MVR 344; Boulton v The Queen [2014] VSCA 342; (2014) 46 VR 308.

Sentence: Leggat: 2 years, 6 months’ Imprisonment, $2,000 Fine.

Anstee: 12 Month Community Correction Order.

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APPEARANCES:	Counsel	Solicitors
For the DPP	Ms S. Holmes	Solicitor for the Office of Public Prosecutions
For Leggat	Mr J. Barreiro	Slades & Parsons Criminal Lawyers
For Anstee	Ms J McGarvie	Paul Vale Criminal Law

HIS HONOUR:

Introduction

1. Michael Leggat, you have pleaded guilty to two charges of handling stolen goods,^[1] three charges of possession of a drug of dependence,^[2] one charge of unauthorised possession of a trafficable quantity of firearms,^[3] and one charge of being a prohibited person in possession of an imitation firearm.^[4]
2. Tara Anstee, you have pleaded guilty to one charge of being a prohibited person in possession of a firearm.^[5]
3. In addition, you have each pleaded guilty to the following summary offences:
4. In relation to you, Mr Leggat, they are one charge of using an unregistered motor vehicle, one charge of unlicensed driving and one charge of committing an indictable offence whilst on bail.
5. In relation to you, Ms Anstee, it is one charge of possession of a schedule 8 poison.
6. The maximum penalty for each of the offences are as follows:

(a) Handling stolen goods – 15 years imprisonment;

(b) Possession of a drug of dependence – 5 years imprisonment;

(c) Unauthorised person in possession of a trafficable quantity of firearms – 10 years imprisonment;

(d) Prohibited person in possession of an imitation firearm – 10 years imprisonment;

(e) Prohibited person in possession of a firearm – 10 years imprisonment;

(f) Use unregistered motor vehicle – 25 penalty units for first offence, 50 penalty units for a subsequent offence;

(g) Unlicensed driving – 3 months’ imprisonment or 25 penalty units;

(h) Commit an indictable offence whilst on bail – 3 months’ imprisonment or 30 penalty units;

(i) Possession of a schedule 8 poison – 10 penalty units.

Circumstances of Offending

7. The circumstances of your offending are as follows.
8. At approximately 2:30am on the 2^nd of March 2022, Leading Senior Constable David Joseph Abbass and Constable Danielle Beckley observed a white 2003 Mercedes Benz sedan, registration SOB 495, parked at the BP service station outbound, located off the Eastlink Freeway in Scoresby.
9. The officers then observed Mr Leggat approach the vehicle, which was parked outside the main entrance to the service station. The registration of this vehicle had expired (LEGGAT summary charge 16 – use unregistered motor vehicle).
10. The officers parked the police vehicle next to the sedan. You told the police you had purchased the vehicle that day.
11. Police observed Ms Anstee sitting in the front passenger seat. One of the officers smelt what he believed to be cannabis as Ms Anstee exited the vehicle. Anstee was asked if there were any drugs or firearms in the vehicle and she said “No.” In the rear passenger footwell, one of the officers spotted a number plate.
12. A search of the vehicle uncovered two sets of stolen licence plates (LEGGAT charge 2 – handling stolen goods).
13. Police searched a black Nike backpack found in the car. They asked who the bag belonged to and Leggat responded “Anthony”, but was unable to provide a last name.
14. In the bag police found three bank cards in names not associated with either of you, $1,290 in cash, three mobile phones, a SIM card, a medical script, an infringement notice and several snap lock bags containing methylamphetamine (LEGGAT charge 2 – handling stolen goods and LEGGAT charge 3 – possession of a drug of dependence).
15. Police cautioned both of you and placed you under arrest before separating you.
16. Constable Billing, who had by now arrived on the scene with SC Dale Mackie, patted you down Mr Leggat and found a fold-out knife and a small zip lock bag containing pills (LEGGAT charges 4 and 5 – possession of a drug of dependence).
17. More police arrived at the scene. A firearm storage bag was located and inside was a 17MHR black rifle with a scope and a Perrazi 12-gauge shotgun with the barrel sawn down (ANSTEE charge 1 – prohibited person possess firearm).
18. Inside were also eight red shotgun cartridges and a box of 22 calibre Winchester ammunition (LEGGAT charge 6 – unauthorised possession of a traffickable quantity of firearms).
19. You Ms Anstee were also in possession of tablets containing Etizolam, a derivative of Alprazolam (ANSTEE – summary charge 1 – possession of a schedule 8 poison).
20. Both of you were taken to Knox Police Station for interviewing.
21. Police continued to search the vehicle and located a duffle bag found in the boot. Inside was a further red shotgun shell and a black imitation firearm with foregrip and an HP laptop (LEGGAT charge 7 – prohibited person possess an imitation firearm and charge 1 – handling stolen goods).
22. Mr Leggat, you were not licensed at the time of offending and you were on bail (LEGGAT summary charge 17 – unlicensed driving and summary charge 18 – commit indictable offence whilst on bail).
23. Police executed a search warrant at Mr Leggat’s home in Ringwood and found six power tools, a battery-operated light, three power tool batteries, a power tool charger and two power tool carry-bags (LEGGAT charge 8 – handling stolen goods)

Defence Submissions – Leggat

24. Mr Leggat, your counsel pointed to your desire to rehabilitate yourself and reconnect with your estranged daughter. I am told you want to move back to NSW once you have served your sentence.
25. Your counsel submitted that your firearm offences fall under the first category in the case of Berichon v The Queen,^[6] in that there is no evidence your possession of the weapons was linked to further offending.^[7]
26. Your counsel submits that whilst your criminal history is serious, you have no “real history” for firearm offences. I note however that in April 2019, you were convicted of possession of cartridge ammunition without licence or approval, possess controlled weapon without lawful excuse and possess prohibited weapon without exemption or approval. You received a further conviction for possession of a prohibited weapon without exemption or approval in December 2019. In December 2021 you received a further conviction for possession of a prohibited weapon without exemption or approval.
27. As for the other offences, your counsel submits they are at the lower level of seriousness, consisting of possessing drugs for personal use or handling stolen goods.
28. Your counsel submitted the principles in Bugmy v The Queen applied as a result of your disadvantaged upbringing.^[8] Indeed, your counsel describes your childhood as “traumatic”.
29. You were removed from your mother by your father at age two. You were neglected as a young child, including by not having enough food to eat. You were surrounded by drug paraphernalia at home, and witnessed your father inflict severe violence on your mother. You were also physically abused by your father, including by being locked in a crate and suspended upside down.
30. Your childhood has had an enduring impact on your life. It is submitted that it has engendered a constant lack of stability and chaos in your adult life. The prosecution take no issue with the submission that your childhood deprivation, dysfunction and exposure to extreme violence operate here to reduce your moral culpability. I accept that that is the case and your sentence will be moderated accordingly.
31. Your counsel also submitted that the principles of Verdins were enlivened given your impaired mental functioning.^[9] A report by Ms Gina Cidoni, psychologist, dated 17 July 2023, was provided to the court. Your counsel points to the findings in this report, namely that you are in the borderline range for verbal comprehension, ability to maintain attention and exert control. She concludes that you have “significant cognitive difficulties that would affect [your] daily life.”
32. It was also indicated that meet the diagnostic criteria for Borderline Personality Disorder. Your counsel submits that your impaired mental abilities interacted negatively with your borderline personality disorder at the time of offending. It was argued that the first and third Verdins principles apply.^[10]

Defence Submissions – Anstee

33. Turning to you, Ms Anstee, your counsel submitted your offence of prohibited person in possession of a firearm is at the less serious end of this type of offending.
34. It was also submitted that you are entitled to a discount of the type identified in R v Doran,^[11] and I accept that this is so.
35. Your counsel emphasised your lack of stable housing at the time of offending and your drug dependency. You had only known Mr Leggat for a week.
36. Your counsel emphasised your youth and the principles in R v Mills and Azzopardi v The Queen.^[12] It was submitted that rehabilitation should accordingly be the most important sentencing consideration in your case and I agree.
37. It is also submitted that your time in residential rehabilitation should be taken into account in accordance with the principles in Akoka v The Queen.^[13] The court in that matter was willing to acknowledge time spent in residential rehabilitation as punitive in nature and explained that the courts should encourage people seeking help from such facilities by acknowledging time spent in such facilities as warranting a sentence reduction.
38. Ultimately, it was submitted that a Community Correction Order was the appropriate disposition in your case given your youth, limited prior history and prospects of rehabilitation.

Prosecution Submissions

39. The Prosecution conceded from the outset that there existed a significant Doran discount available to Ms Anstee, and that the conduct of both offenders falls within the first category identified by Redlich JA in Berichon. The Prosecution also accepted the submissions from both parties that both offenders moral culpability is reduced consequent upon childhood dysfunction and disadvantage.
40. Regarding Mr Leggat, whilst the Prosecution accept that the report of Gina Cidoni provides a ground for limbs five and six of Verdins, it was submitted that the report fails to provide a sufficient basis to engage the first limb and your moral culpability cannot be further reduced due to the conditions she identifies in her report.
41. Ultimately, the Prosecution submitted that the seriousness of your offending Mr Leggat when regard is had to your lengthy criminal history requires the imposition of a head sentence with a non-parole period. With you, Ms Anstee, the Prosecution accepted that a Community Correction Order was within range.

Personal Circumstances – Leggat

42. Mr Leggat, your personal circumstances were summarised in the report of Ms Gina Cidoni dated 17 July 2023 that was tendered on your plea.
43. You were born in Melbourne to a single parent, and your early childhood was fraught with domestic violence perpetrated by your father against your mother.
44. At the age of two, your father took you to live in NSW near your paternal grandparents. During this time you were exposed to violence and neglect, often resorting to smuggling food into your room. Your father also prevented contact between you and your mother despite her best efforts.
45. You were also a victim of harsh family violence from your father, who resorted to extreme punishments for perceived infractions.
46. At the age of four, your father left you with your grandparents, and it wasn’t until your adolescence that you reconnected with your mother. You have continued to live with her until recently, and you have only had intermittent contact with your father.
47. You attended schooling until year nine, following which you pursued a two-year engineering certificate at TAFE.
48. You then began an apprenticeship; however, this was cut short due to a car accident when you were 17 which led you to giving up work.
49. You then held a series of jobs off and on since 2015 due to your involvement in the criminal justice system and periods of drifting and homelessness.
50. I note that you recently maintained a period of employment for 12 weeks as a removalist, and I am told that you have work lined up for you upon your release from custody.
51. You have had three relationships in your life, each of which you describe as volatile, and some involved drug use. Your relationship with a woman named Stephanie resulted in the birth of your daughter, however you have not had contact with either for many years.
52. You have experienced periods of transience and homelessness, which worsened during the COVID-19 pandemic.
53. As an adult, you have suffered a number of traumatic events resulting in physical injuries which have affected your psychological state. You have been diagnosed with Bipolar Disorder and Substance Abuse Disorder and have shown symptoms of Post-Traumatic Stress Disorder. At the time of your assessment by Ms Cidoni, you displayed severe levels of anxiety, depression and psychological distress, rating at the 99^th percentile for these three symptoms.
54. You began experimenting with substances from your mid-to-late teens, however your consumption escalated in your mid-20's when you began consuming methamphetamines and GHB. During your assessment by Ms Cidoni you acknowledged your offending often coincided with your consumption of illicit substances. You also expressed a genuine desire to remain abstinent and remain open to further substance counselling.
55. Your support network comprises your mother, maternal aunt, maternal aunt and grandmother. You report that once your court matters are resolved you intend to travel to Bateman’s Bay in NSW where you have extended family.

Personal Circumstances – Anstee

56. Ms Anstee, you are currently aged 22. You were 20 at the time of offending.
57. You are the youngest of four siblings. Your parents separated when you were young, and you remained living with your mother who was an alcoholic and was abusive towards you.
58. You began to live mostly with your father from the age of 11. He remains supportive of you.
59. Since leaving residential rehabilitation, you have been living with him.
60. I am told that your relationship with your mother has also improved, however she has been diagnosed with breast cancer.
61. You attended multiple schools. You suffered from a learning disability and bullying.
62. You have worked at an IGA and in traffic control. You commenced a plumbing apprenticeship, however this was not completed due to your escalating drug use. I am told you want to recommence this apprenticeship and become a plumber, and this ambition offers hope for your future.
63. You have longstanding drug and mental health issues, including being diagnosed with complex PTSD resulting from childhood abuse and past violent relationships. You are now on medication for depression and anxiety.
64. You have had a problem with methylamphetamine and GHB. You have attended residential rehabilitation in order to overcome drug and alcohol dependency.
65. I have of a number of reports, one of which is a Forensicare mental health report written by an Amy Meiklejohn, senior social worker. It is dated 4 March 2022. It reports that you are future-oriented and committed to rehabilitation. It details two past suicide attempts, however at the time of the report you had no suicidal ideation. It reports two diagnoses of Generalised Anxiety Disorder and a depressive episode from 2021.
66. Another Forensicare report from a Hannah Child, senior psychiatric nurse, was provided to the court. It is dated 13 July 2022. It reports that you have suffered anxiety since primary school. It also reports that up to December 2021 you were using two grams of methamphetamine per day.
67. It is interesting and positive to note the following. The earlier report by Ms Meiklejohn states that you denied your drug use had any impact on your mental health and, rather, you had turned to drugs to deal with your anxiety, depression and trauma. However, the later report of Ms Child describes that you were aware your drug use impacts your mental health and since being abstinent (due to being in custody) your symptoms had improved.

Moral Culpability & Objective Gravity

68. The possession of a cache a firearms, some of which had their serial numbers effaced, including a sawn-off shotgun, a rifle with a scope and ammunition is concerning. You, Mr Leggatt have a relevant criminal history. Although the prosecution concedes that your possession of these weapons was not related to a continuing criminal enterprise, you have not explained to the court why you had them in your car.
69. The objective gravity of your offending is reduced by the absence of a link between your possession of these firearms and their use by you in any criminal offending, but the objective gravity of your offending is nonetheless reasonably high.
70. Your moral culpability is reduced due to your exposure to extreme violence and dysfunction in your childhood. As the High Court said in Bugmy:

‘The experience of growing up in an environment surrounded by alcohol abuse and violence may leave its mark on a person throughout life. Among other things, a background of that kind may compromise the person’s capacity to mature and to learn from experience. It is a feature of the person’s make-up and remains relevant to the determination of the appropriate sentence, notwithstanding that the person has a long history of offending. Because the effects of profound childhood deprivation do not diminish with the passage of time and repeated offending, it is right to speak of giving “full weight” to an offender’s deprived background in every sentencing disposition.’^[14]

71. The prosecution very fairly acknowledged that these principles apply to you and operate to reduce your moral culpability.
72. As to you, Ms Anstee, it was submitted that but for your admissions about your knowledge of the firearm in the boot of the car, a charge against you would have had scant chance of being made out. The prosecution accepts that your admissions made the prosecution of this charge against you viable and you are entitled to the sort of discount discussed in Doran’s case.^[15] The objective gravity of your offending is reduced accordingly and your moral culpability is likewise.
73. As Justice Redlich in Berichon said, the offence itself can generally be divided into one of two broad categories:

“The first category of cases are those where the conclusion is not open that the possession of the firearm is associated with some ongoing criminal activity. Sentences of a low order of imprisonment are usually appropriate unless the previous criminal history of the offender warrants a more substantial sentence, proportionate to the gravity of the offence.

The second category of cases are those where the evidence enables the conclusion that the possession is for the purpose of criminal activity or a specific criminal purpose, more severe sentences are then usually in order. Such sentences will be appropriate where the firearm is for example possessed in the context of a criminal activity to provide security or as a means of enforcement. The prior convictions of the offender in conjunction with circumstantial evidence may also enable the conclusion to be drawn that the possession is for some unlawful activity.”^[16]

74. I accept that, for both of you, your firearm offences fall within the first category outlined by Justice Redlich.

Plea of Guilty

75. Both of you have pleaded guilty following a Sentence Indication. These pleas assist the court by saving potential witnesses from the burden of having to give evidence and sparing the time and resources of the court that would otherwise have been spent conducting a trial. I intend to moderate your sentences in light of this utility.
76. Your pleas have also come at a time when the courts continue to feel the effects of the COVID-19 pandemic. Your pleas therefore carry greater weight, and I have mitigated your sentences to account for this additional utility in light of the principles expressed by the court in Worboyes.^[17]

Prospects of Rehabilitation

77. Turning now to your prospects of Rehabilitation, Mr Leggat your counsel conceded in written submissions and on your plea that I need to be cautious about your prospects. You have a lengthy criminal history, including prior convictions for firearms offences. Your previous attempts at rehabilitation have seen you relapse back into drug use almost immediately following your release from custody. However, I also acknowledge that rehabilitation from substance abuse can involve any number of false starts and I do not consider you without prospects.
78. You informed Ms Cidoni that you genuinely wish to remain abstinent. Time will tell. I acknowledge your plan to relocate to NSW, where your support network appears to be stronger and if you follow through on that plan you may have a greater resolve to reform yourself than you have demonstrated until now.
79. You Ms Anstee have a very modest criminal history. You are young and your co-operation with the authorities led to the laying of the firearm charge against you. The reports of Ms Meiklejohn and Ms Child also speak positively of your future. Your prospects appear to be positive and reasonable.

Sentencing Principles

80. Section 5 of the Sentencing Act 1991 provides that the only purposes for which you may be sentenced are:

(a) To punish you in a manner and to an extent which is just in all of the circumstances;

(b) To deter you or others from committing similar offences in future;

(c) To facilitate rehabilitation;

(d) To manifest the denunciation of your conduct;

(e) To protect the community; or

(f) A combination of two or more of these purposes.

81. In your case, Mr Leggat, owing to your criminal record, the principle of rehabilitation is accorded less weight than for Ms Anstee, whose criminal record consists of only one offence. However, I do note that you have expressed a desire to rehabilitate yourself and reconnect with your daughter.
82. In your case, Ms Anstee, given your age and almost complete lack of prior involvement in the criminal justice system, I consider rehabilitation to be of paramount importance.
83. In considering the ultimate disposition, I have had regard to the statements made by the court in Boulton v The Queen.^[18] Regarding the imposition of Community Correction Orders for serious offending, that court said:

“It follows from what we have said that a CCO may be suitable even in cases of relatively serious offences which might previously have attracted a medium term of imprisonment (such as, for example, aggravated burglary, intentionally causing serious injury, some forms of sexual offences involving minors, some kinds of rape and some categories of homicide). The sentencing judge may find that, in view of the objective gravity of the conduct and the personal circumstances of the offender, a properly-conditioned CCO of lengthy duration is capable of satisfying the requirements of proportionality, parsimony and just punishment, while affording the best prospects for rehabilitation.”^[19]

84. I also adopt the finding of that court that such orders can be inherently punitive in nature,^[20] and, properly tailored, can effectively satisfy the appropriate sentencing considerations even in cases of serious offending.^[21]

Anstee’s CCO

85. Ms Anstee, what I am proposing to do for you is impose a Community Correction Order for a period of 12 months from today.
86. Before I ask if you to consent to such an order being made, I have to tell you a little bit about the order, so you know what it means.
87. The following Core conditions apply to all Community Correction Orders:

(a) You must not commit, whether in or outside Victoria, during the period of the order, an offence punishable by imprisonment.

(b) You must report to and receive visits from the Secretary to the Department of Justice, or his or her nominee, during the period of the Order.

(c) You must report to a Community Correction Centre within two 2 clear days from today. In your case, you will be reporting to Ringwood CCS which is at 60-62 Maroondah Highway, Ringwood.

(d) You must notify the Secretary, or his or her nominee, of any change of address or employment within 2 clear working days after that change.

(e) You must not leave Victoria except with the permission of the Secretary to the Department of Justice, or his or her nominee.

(f) You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure you comply with the Order.

88. There are a number of other conditions attached to this Order, and they apply to you:

(a) You have to perform 150 hours of unpaid community work over a period of months/years as directed by the Regional Manager. 150 hours of treatment and rehabilitation satisfactorily undertaken are to be counted as hours of unpaid community work for the purposes of the unpaid community work condition.

(b) You must be under the supervision of a Community Corrections Officer for a period of 12 months.

(c) You must undergo assessment and treatment (including testing) for drug abuse or dependency as directed by the Regional Manager.

(d) You must undergo mental health assessment and treatment including (but not limited to) mental health, psychological, neuropsychological and psychiatric treatment in a hospital or residential facility as directed by the Regional Manager.

89. I direct that I be advised by your Corrections Officer of any non-compliance of these conditions and I will then determine if the matter should be brought back before me.
90. I can only impose a Community Correction Order if you agree to such an Order being imposed. So I need to tell you just a little bit more about that.
91. I should advise you that if you contravene or breach that order by committing further offences you can be charged and a sentence of imprisonment is one of the options that can be imposed for that breach.
92. You can also be re-sentenced for the offences that are before me. One of the options available includes a term of imprisonment.
93. So you have got to be extra careful for the next 12 months. No committing any further offences that might incur a term of imprisonment, otherwise you are back before the Court and you will be re-sentenced on these charges that are before me. So you have to be extra careful.
94. I also advise you that if you fail to comply with any direction of the Secretary to the Department of Justice, that is a Community Corrections officer, worker if you like, as part of this order, a substantial fine can be imposed.
95. Now you understand all of that? Do you consent to this order being made?

Sentence

96. I will deal first with Ms Anstee. Ms Anstee please stand.
97. Tara Anstee, I sentence you as follows.
98. On charges 1, prohibited person possess a firearm and on summary charge 1, possession of a schedule 8 poison I, I impose an aggregate sentence of a 12 month CCO.
99. Pursuant to s 6AAA of the Sentencing Act, I declare that were it not for your pleas of guilty, I would have imposed a sentence of a Community Correction Order of 2 years duration.
100. Michael Leggat, I sentence you as follows.
101. On charge 2, handling stolen goods, you are convicted and sentenced 3 months gaol;
102. On charge 3, possession of a drug of dependence, you are convicted and sentenced to 6 months gaol;
103. On charge 4, possession of a drug of dependence, you are convicted and fined $500.00;
104. On charge 5, possession of a drug of dependence, you are convicted and fined $500.00;
105. On charge 6, unauthorised possession of a trafficable quantity of firearms, you are convicted and sentenced to 18 months gaol;
106. On charge 7, prohibited person possess an imitation firearm, you are convicted and sentenced to 6 months gaol;
107. On charge 8, handling stolen goods, you are convicted and sentenced to 12 months gaol;
108. On summary charge 16, use an unregistered motor vehicle, you are convicted and fined $1000.00;
109. On summary charge 17, unlicensed driving, you are convicted and fined $1000.00; and
110. On summary charge 18, commit indictable offence whilst on bail, you are convicted and sentenced to 1 month gaol.
111. The sentence on charge 6 will be the base sentence. I order that 6 months on charge 8 be served cumulatively on the sentence in charge 6 and that 3 months on charge 3 and three months on charge 7 be ordered to be served cumulatively. The sentences on charge 2 and summary charge 18 are to be served concurrently with the sentence on charge 6.
112. It follows, that I have sentenced you to a total effective sentence of 2 years, six months’ gaol.
113. I direct that you not be eligible for parole until you have served 16 months of that term.
114. I declare that 523 days reckoned as time served and this time will be noted on the court record.
115. Pursuant to s 6AAA of the Sentencing Act, I declare that were it not for your pleas of guilty, I would have imposed a sentence of 4 years with a Non-Parole Period of 2.5 years.
116. I note that disposal orders were sought by the Prosecution against both offenders. I understand those are consented to, and so I make those orders.
117. Were there any other ancillary orders?
118. MS HOLMES: No, Your Honour, just the one order that had a schedule attached to it.
119. HIS HONOUR: Very well.
120. MS HOLMES: Thank you.

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^[1] Contrary to s 88 Crimes Act 1958.

^[2] Contrary to s 73(1) Drugs, Poisons and Controlled Substances Act 1981

^[3] Contrary to s 7C(1) Firearms Act 1996.

^[4] Contrary to s 5AB(2) Control of Weapons Act 1990.

^[5] Contrary to s 5(1) Firearms Act 1996.

^[6] [2013] VSCA 319; (2013) 40 VR 490 (‘Berichon’).

^[7] Ibid 496 [26].

^[8] Bugmy v R (2013) 169 CLR 571, 594-5 at [43] (‘Bugmy’).

^[9] R v Verdins; R v Buckley; R v Vo [2007] VSCA 102; (2007) 16 VR 269, 276 [32] (‘Verdins’).

^[10] Ibid.

^[11] [2005] VSCA 271 (‘Doran’).

^[12] R v Mills [1998] 4 VR 235; Azzopardi v The Queen [2011] VSCA 372; (2011) 35 VR 43.

^[13] [2017] VSCA 214 (‘Akoka’).

^[14] Bugmy v R (2013) 169 CLR 571, 594-5 at [43]-[44] (‘Bugmy’).

^[15] (n 11).

^[16] [2013] VSCA 319; (2013) 40 VR 490, 496 at [26].

^[17] Worboyes v The Queen [2021] VSCA 169; (2021) 96 MVR 344, 356-357 at [39].

^[18] [2014] VSCA 342; (2014) 46 VR 308 (’Boulton’).

^[19] Ibid [131].

^[20] Ibid [124]-[130].

^[21] Ibid [180].