DPP v Evans [2025] VCC 673

(a) A Ziploc bag containing 3.5 grams of methylamphetamine with a purity of 85 per cent;

(b) 35 small Ziploc bags containing a total of 61.2 grams of methylamphetamine with a purity of 81 per cent;

(c) 5 small Ziploc bags containing a total of 8.8 grams of methylamphetamine with a purity of 80 per cent; and

(d) A Ziploc bag containing 52.1 grams of methylamphetamine with a purity of 82 per cent.

1. There was an overall mixed weight of 126.1 grams of substance containing methylamphetamine located, including 103 grams of pure methylamphetamine. (Charge 1).
2. Within your bedside table was an Australia Post bag addressed to you, containing two plastic bottles of Oxandrolone and two vials of Testosterone. (Charge 2).
3. Under your bed, wrapped in a towel, were a 12 gauge, single barrel shot gun and a .22 calibre, single shot rifle. (Charge 3).
4. You were arrested and interviewed later on 29 April 2024. You told police that:

(a) You had been living at the caravan park for the past six months;

(b) You had returned from Sydney at 2.30 am that day where you had purchased a motorbike;

(c) When you returned home your stepson was holding the firearms. You provided various names as to who had provided him with the firearms;

(d) You did not see or touch the firearms, you were covering for your son;

(e) You said you had never seen the blue M&Ms container;

(f) You blamed your stepson for dealing methylamphetamine;

(g) You denied knowledge of the Testosterone and Oxandrolone; and

(h) You denied that you were a drug user.

1. The following day, 30 April 2024, Ms Evans provided a statement to police. In it she said that:

(a) Around 3 am the morning prior she woke to you banging on the window of the bus. You passed her objects covered in towels, which she believed to be firearms, and told her to put them under the bed, which she did;

(b) You entered the bus and gave her an envelope containing a Ziploc bag of methamphetamine. You directed her to weigh out the drugs, which she did, before placing all the packets into the blue M&Ms container; and

(c) She said you had obtained the methylamphetamine in Syndey and returned home the morning of 29 April.

1. On 30 April you made a request to participate in a further record of interview. You told police:

(a) You and Ms Evans commenced heavy ice use after moving into the caravan park;

(b) You became involved in selling methylamphetamine through someone you met at your previous place of employment. You bought 1 ounce from him a week before Christmas, and he proceeded to bring you an ounce every week for the next four weeks. He initially charged $5,500 per ounce, which he took on credit until the relationship soured;

(c) You established a new contact and travelled to Sydney to collect 3 ounces of ice in early February 2024. Most of it was exchanged for $13,000;

(d) You went to Sydney as you were scared of the person here you owed money to. You paid off your debt. You went twice more and collected 5 ounces each time. Your stepson knew nothing about it;

(e) You did not realise you were trafficking, you needed money, and you wanted drugs for personal use;

(f) The firearms were for self-protection. You traded them for half an ounce of methylamphetamine; and

(g) You purchased the steroids through an app for your leg.

1. Trafficking drugs in a commercial quantity and possession of a traffickable quantity of firearms are both most serious offences, more so when committed in combination. You told police the firearms were for 'self-protection', which indicates a preparedness to use them had the circumstances arisen, although I note no ammunition was found.
2. Drugs are a scourge on society, and you have trafficked in just over twice the commercial quantity of methylamphetamine, a significant amount. You also had two firearms in your possession.
3. I note you are charged with single date trafficking in relation to the 103 grams of pure methylamphetamine, not the much larger amounts you referred to in your second interview. I shall sentence you accordingly.

1. You have pleaded guilty to the charges at an early stage. You have therefore saved the community the time and expense of running a trial. As such, you have facilitated the administration of justice, and you are entitled to a benefit for the utilitarian value of your plea.
2. By your plea you have accepted responsibility for your offending and I consider it to be demonstrative of some remorse. Concerningly, you initially sought to blame your 15-year-old stepson for the offending rather than taking responsibility for your own actions. You read a letter of apology to the court and I consider that you are now remorseful for your offending, which as you state, has had an effect on you, your family and the wider community.

1. I turn now to your personal circumstances.
2. You are a 50-year-old Dharug man, born in August 1974. You have an older sister and were raised by your mother after she separated from your father before you were born. When you were about three years of age, your mother commenced a relationship with your stepfather who was injured at work and turned to alcohol. He regularly inflicted physical violence upon you, your mother and sister.
3. Your family moved frequently around New South Wales and Queensland, and you changed schools often.
4. When you were 11, your mother died from a brain haemorrhage. You remained in the care of your stepfather, however he continued to be abusive and you were removed and placed into your maternal grandmother's care.
5. You ceased formal schooling during the first year of secondary school. You began drinking at the age of 12 and commenced cannabis use at around the same time.
6. You struggled to process your mother's death and experienced homelessness before you met your biological father when you were aged 13. You moved to live with him in Western Australia and experienced relative stability for some time before returning to New South Wales.
7. When you were 16 you fathered your first child. Shortly afterwards you were placed into a State care boys' home for two weeks due to unpaid fines and offending behaviour. You were sexually abused there by a guard/football coach. You disclosed the offending to your grandmother who was supportive of you.
8. You were released and returned to homelessness as your mental health deteriorated. You went back to Western Australia and again stayed with your father for a year. You were then able to live a stable life for a number of years in New South Wales, resulting in the birth of your second child. Your relationship ultimately broke down and you were imprisoned.
9. You raced motorbikes professionally for a number of years but were left seriously injured after an accident, possibly sustaining an acquired brain injury.
10. You entered another significant relationship, resulting in the birth of your youngest child. You also gained a stepson. You travelled around Australia as a family. Your life was stable for a number of years until your grandmother died in late 2023. You experienced a significant mental decline after this event as it was her wish that you address your trauma history. You began using methylamphetamine in the months leading up to this offending.
11. You have experienced periods of stable employment, often in physical labour and trade roles but this has been impacted by your poor mental health. You have most recently worked in caravan parks around Australia.
12. You began to use amphetamines when you were 38 years of age and did so for about a year. You only commenced methylamphetamine use in the months prior to this offending following the death of your grandmother.
13. Since your remand you have participated in the Marumali, Aboriginal Men's Cultural Healing and Dardi Munwurro Programs amongst other courses. You have also commenced painting with the Torch but are yet to exhibit any artworks. It was your hope to have your matters heard in Koori Court but you were unable to obtain confirmation of Aboriginality. You have found the process of having to prove your Aboriginality distressing.
14. I received a psychological assessment from general psychologist Austin Campbell dated 22 February 2025. Mr Campbell diagnosed you with Complex

Post-Traumatic Stress Disorder and Substance Use Disorder. 15. Mr Campbell reports that you:

... spoke of instability throughout [your] formative years and childhood. This appears to have had a significant impact upon [your] emotional and social development, further predisposing [you] towards the development of mental health issues and maladaptive behaviours throughout [your] life.

1. Drugs and guns are all too often seen together by this court. In your case it was conceded by your counsel that 'the firearms are to some extent part of an ongoing criminal activity'.
2. You have a relevant prior criminal history including possess precursor drug, manufacture prohibited drug, possess prohibited drug and possess shortened firearms offences in New South Wales. You have been sentenced to several custodial sentences.
3. I must specifically deter you from committing further offences by the sentence I impose. You need to realise that this behaviour will not be tolerated by the courts or the community.
4. General deterrence is also of paramount importance in cases such as this. The sentence I impose must serve to deter others from trafficking in drugs and possessing firearms, given the repercussions that are felt throughout the community from drug trafficking and associated criminality.
5. I must give significant consideration to community protection given the nature of your offending.
6. Your counsel, Ms Stanley, submitted that the principles in Bugmy v The Queen[1] are applicable in a general sense in this case. I find that your exposure to domestic violence, physical abuse and sexual abuse together with the death of your mother, your transient childhood and your lack of educational opportunities renders your moral culpability less than that of an offender whose formative years have not been so marred. I reduce the sentence accordingly.
7. You have reasonable prospects of rehabilitation if you are able to abstain from drugs and alcohol on your release and seek support for your mental health.
8. I also take just punishment and denunciation into account.
9. Trafficking in a drug of dependence in not less than a commercial quantity is a category 2 offence, meaning I must impose a sentence of imprisonment, not in combination with a Community Corrections Order. It was not submitted than any of the relevant exceptions apply.
10. Totality is a further relevant consideration given the offending all took place on the one occasion.

1. Both counsel submitted that a head sentence and non-parole period is the only possible outcome in your case.
2. Ms Stanley took me to several cases, namely Gregory (a pseudonym) v The Queen,[2] Fernando v The Queen[3] and Polos v The King[4] in relation to the trafficking charge and Director of Public Prosecutions v El-Sayegh,[5] in relation to the possession of a traffickable quantity of firearms charge. I have given consideration to these cases in terms of both principle and current sentencing practices.

1. On Charge 1, trafficking in a drug of dependence in not less than a commercial quantity, you are sentenced to two years six months' imprisonment.
2. On Charge 2, a rolled up charge of possessing a drug of dependence, you are sentenced to three months' imprisonment.
3. On Charge 3, possessing a traffickable quantity of firearms, you are sentenced to two years six months' imprisonment.
4. I direct that Charge 1 be the base sentence.
5. I direct that 18 months of the sentence on Charge 3 be served cumulatively on the sentence imposed on Charge 1.
6. For the avoidance of doubt, there is no cumulation on Charge 2.
7. That makes a total effective sentence of four years' imprisonment.
8. I direct that you serve a minimum non-parole period of two years six months before being eligible for release on parole.
9. I declare that pursuant to section 18 of the Sentencing Act 1991 (Vic), you have served 393 days in custody by way of pre-sentence detention, excluding today.
10. I grant the forfeiture and disposal orders sought by the prosecution.
11. I declare that had you not pleaded guilty, pursuant to section 6AAA of the Sentencing Act 1991 (Vic), the sentence I would have imposed would have been a total effective sentence of six years with a minimum non-parole period of four years.
12. Is there anything further, Mr O'Doherty?
13. MR O'DOHERTY: No there isn't, Your Honour.
14. HER HONOUR: Ms Stanley?
15. MS STANLEY: No, Your Honour, and just for my client's benefit I have booked a conference with him at 4 o'clock this afternoon to go through those orders in detail.
16. HER HONOUR: Thank you. We will provide draft reasons before then, so that you can discuss them with him. They will not be ready for publication today.
17. MS STANLEY: I am most grateful, Your Honour.

[2] [2017] VSCA 151.

[3] [2017] VSCA 208.

[4] [2022] VSCA 258.

[5] [2022] VCC 506.