DPP v Ferrara [2026] VCC 224

1. In brief, the circumstances of your offending were as follows.
2. Your co-accused was Skye McGuire, who resided at Pooley Court, Wodonga, Victoria.
3. On 2 August 2024, sometime between 6.44 am and 6.47 am, a white 2016 Subaru WRX with registration 1HT8LC belonging to Andrew Logan was stolen from outside his address. It is not alleged that it was you who stole

1. On 12th October 2024, at approximately 6 am, you were driving the stolen white Subaru WRX,2 (Charge 1: Theft). The registration plates attached to the Subaru did not match the vehicle and were stolen plates with NSW registration AZL19R. (Charge 2: Handling stolen goods).
2. You were driving the vehicle south of Wodonga, on the Hume Highway, at a fast rate of speed, tailgating a Ute that was in front of you. The Ute moved over allowing you to pass. You swerved briefly to the back of the Ute, nearly clipping it in doing so.
3. Further down the road, you approached a Volvo prime mover semi-trailer truck with a trailer attached, also driving south on the Hume Highway.
4. The truck was being driven by Rajveer Brar, who was travelling at 100km/h. Mr Brar estimated that you were driving much faster to gain on him.
5. Once you caught up with Mr Brar, you went to overtake the truck, but lost control and hit the back right of the truck's trailer. Your vehicle then collided with the roadside wire barriers and rolled several times, before landing. (Charge 3: Conduct endangering life). Your vehicle left debris across the road, and the vehicle was left smoking on the roadside.
6. The collision to the trailer caused the tyre air pressure of the trailer to leak, and the truck air brakes to lose pressure, causing Mr Brar to slow to a stop.
7. Mr Brar saw you departing from the scene of the collision and run towards a paddock to the left of the road. He recorded you running away on his mobile phone.
8. The Ute that you had overtaken earlier then stopped at the site of the collision and advised Mr Brar of what had occurred earlier down the road. Mr Brar then contacted Triple 0 to report the collision.
9. You ran to a property owned by Janet and Chris McKenzie on Benton Road in Springhurst, approximately 1 km from the collision scene. You asked for a glass of water and to use their phone. You called a friend to pick you up from their property, and Janet McKenzie gave you the address for your friend to retrieve you.
10. You had cuts to your hands, and your clothing was stained with blood. Chris and Janet McKenzie assisted you by cleaning your injuries with a bowl of water, a towel and some cotton swabs.
11. Approximately 10 minutes later you were picked up by a friend who drove you in a fawn/cream coloured sedan.
12. Police investigated the collision.
13. Police seized a number of items from the Subaru, including a clear bottle of frozen clear liquid, which was later confirmed to be 1,4-Butanediol.
14. Officers conducted checks on the mobile phone number that you called from Janet McKenzie's mobile phone and confirmed that it linked to Ferrara Construction via a Facebook page. Ferrara Construction is a company owned by your brother, Mason, who lives in the Albury-Wodonga area.
15. Collision reconstruction demonstrated that between 1-5 seconds prior to the collision, your vehicle had increased from a speed of 194 km/h to a maximum of 198 km/h. You had your foot on the accelerator at this point, between 27-49 percent of the time.
16. At 0.5 seconds prior to impact, the vehicle speed decreased to 197 km/h, with you no longer pressing down the accelerator, but not pressing the brake either.
17. At impact, you were travelling at 191 km/h, and you had pressed on the brake at this point.

1. On 11 November 2024, two vehicles were stolen from John Stuchbery's garage in Tabletop, NSW. One of these vehicles was a black 2011 Maserati Quattroporte sedan with Victorian registration BAF159. It is not alleged that you took this vehicle from Mr Stuchbery's property.
2. On 18th November 2024, co-accused Ms McGuire, booked a hotel room at the Gateway Hotel in Wangaratta for one night's stay for two people. Police were contacted by staff from the Gateway Hotel, as they were suspicious of this booking.
3. You attended at the hotel with Ms McGuire in the stolen black Maserati (Charge 5) which was bearing stolen registration plates. (Charge 6)
4. Police attended and arrested you and Ms McGuire in hotel room 260.
5. Search warrants were executed on the hotel room and the black Maserati. During the search warrant of room 260, the following items were located and seized:

(a) Two plastic sandwich bags containing methylamphetamine, located on the bedside table where the you were sitting. (Part of Charge 7: Trafficking in a commercial quantity of a drug of dependence);

(b) Black box labelled 'UV Resin, Curable Resin Solution Hard Glue' containing a bottle of 1,4-Butanediol, located on the bed between you and the

co-accused. (Part of Charge 4: Trafficking in a drug of dependence);

(c) Hand sanitizer bottle containing 1,4-Butanediol, located in the co-accused's handbag at the end of the bed. (Part of Charge 4: Trafficking in a drug of dependence);

(d) $490 in Australian currency located in the co-accused purse (Part of summary Charge 7: deal with property suspected of being the proceeds of crime);

(e) Knuckle duster located in the co-accused's sports' bag at the end of the bed;

(f) White plastic bottle with label 'UV Resin, Curable Resin Solution Hard Glue' containing 1,4-Butanediol between you and co-accused on bed; (Part of Charge 4: Trafficking in a drug of dependence);

(g) Australia Post parcel containing 3 x 1L white plastic bottles, labelled 'Epoxy Resin' and containing 1,4-Butanediol located on the television stand; (Part of Charge 4: Trafficking in a drug of dependence);

(h) 1L white plastic bottle, labelled 'Epoxy Resin' and containing 1,4-Butanediol, located on the television stand; (Part of Charge 4: Trafficking in a drug of dependence);

(i) A mobile phone belonging to you and 2x mobile phones belonging to Ms McGuire;

(j) $1440 in Australian currency located in your possession (Part of summary Charge 7: deal with property suspected of being the proceeds of crime);

(k) Small zip-lock plastic bag containing methylamphetamine located in Ms McGuire's handbag (Part of Charge 7: Trafficking in a commercial quantity of a drug of dependence).

1. Analysis of your phone, located in the footwell of the stolen Maserati contained the following messages that are suggestive of trafficking:

28 October 2024 > > Associate: Have u got bro 10 November 2024 > > Associate: Do you have any for sale? Associate: Would you do a HB for $300? > > You: Yeah no dramas > > 14 November 2024 > > Associate: Hey Case I'll fix you this 50 around 4 am when I get paid, do you have a b on you? Can I grab that and how much please > > 18 November 2024 > > Associate: I would be happy with $20 and a dot if you could do that, I would appreciate it a lot x

2. Analysis of Ms McGuire's phone, located in the hotel room, also contained the messages that are suggestive of trafficking, as well as transactions negotiating the purchase of substances in litres online from international sellers. Her phone also contained email transactions ordering packages from website 'Alibaba' and confirming the name and address for these packages to be sent to 'Cassie Bromilow, 14 Pooley Court Wodonga Victoria 3690'. There was also an image of an Australia Post parcel addressed to this same name and address located on her phone. In her notes application there were details suggestive of clients and payments.
3. Messages between you and Ms McGuire were also located on Ms McGuire's phone, including a picture of a white bottle of Epoxy Resin located against a brick wall.
4. Australia Post confirmed that three parcels had been sent to 14 Pooley Court in the name of Cassie Bromilow.
5. One of these parcels was later found in the hotel room where you and Ms McGuire were arrested. This parcel weighed 6 kg and was delivered on 18 November 2024. Police located 3 kg of 1,4-Butanediol inside.
6. A Certificate of an Analyst was obtained which provided the following results:

(a) 1,4 Butanediol: 4009.0 grams (equivalent to 4.0 kilograms);

(b) Methylamphetamine: 82.5 grams;

(c) Buprenorphine: 18 grams.

1. The charge of trafficking in a commercial quantity of a drug of dependence (Charge 7 on the indictment) is put on the basis of the quantity of methylamphetamine found in the hotel room where you and Ms McGuire were arrested, and the messages on your phone suggestive of trafficking. DNA results also returned a match to you on packaging containing methylamphetamine.
2. The charge of trafficking a drug of dependence (Charge 4 on the indictment) is put on the basis you were assisting Ms McGuire to traffic 1,4-Butanediol. A bottle of 1,4-Butanediol was located in the Subaru WRX that you were driving on 12 October 2024, and the image sent to you by Ms McGuire of a white bottle was consistent with those later found in the hotel room, and multiple bottles of

1,4-Butanediol were found in the hotel room where you and Ms McGuire were arrested.

1. You were arrested on 19th November 2024 and conveyed to the Wangaratta Police Station. You made a no comment record of interview about both incidents.
2. Ms McGuire was also arrested on this date, and her matter is next listed for committal hearing on 19 March 2026 at the Wangaratta Magistrates' Court. Consequently no issues of parity arise in sentencing you.

1. I turn now to your personal circumstances, and I rely upon the Psychological Report prepared by Rebecca Fakhri, Psychologist, dated 15 December 2025 and tendered at your plea.
2. You were born in April 1995, you are now 30 years old and you were aged 29 at the time of the offending.
3. You grew up in Albury. You described to Ms Fahkri your upbringing as 'stable' until approximately 15 years of age, when you parents separated due to your father's alcohol abuse.
4. You have one biological younger brother, one maternal older half-sister and two paternal half-siblings. You reported that you have no contact with your paternal half-siblings.
5. You described significant conflict with your father and at around 15 years old you were forced to leave the family home due to your own alcohol and substance use and ongoing disputes with your father. You described physical abuse including one incident where your father hit you in face with a bullwhip.
6. After leaving the family home, you moved in with friends and then moved back with your mother. You reported that your drug use had escalated and your behaviour became difficult to manage, resulting in your mother asking you to leave at around 17 years of age. You moved back in with your father until you were approximately 18 years of age.
7. Your father died in 2019 from a liver and blood infection, which progressed to brain damage. You were in custody when your father died.
8. You described the period where you resided with your father as difficult due to witnessing his health deterioration. You were your father's primary carer.
9. Your mother has re-partnered and you described a positive relationship with your stepfather and your mother. You described being very close to your mother. You denied that your mother has any alcohol or other drug issues.
10. At the time of your assessment by Ms Fakhri, you were residing at your brother's partner's mother's property and you expressed an interest in distancing yourself from Albury, describing the area as associated with negative peers.
11. You attended St Patrick's Catholic Primary School from Prep to Grade 6. You denied difficulties forming friendships, although reported being physically and verbally bullied. You described yourself as a generally good student until high school.
12. You reported that you were sexually assaulted in Grade 6.
13. You attended Albury High School from Grade 7 to Grade 9.
14. You commenced Grade 10 but reported being suspended for 120 days for fighting with other students and not completing schoolwork. You were required to repeat Grade 10, however, you felt uncomfortable being in a cohort younger than you and left to enrol at Albury Wodonga Community College, where you completed a Grade 10 equivalent.
15. You reported that upon commencing Grade 7 you started getting into trouble with teachers and began drinking on weekends. You stated that by Grade 8 you spent, 'more time suspended than not'. You reported that at the end of Grade 8 you first tried ice (methamphetamine) and began attending school under the influence of drugs. You described having fights with students and teachers and stated you had a particularly hard time with teachers following the assault in Grade 6.
16. You left school at 16 and began working casually. You reported that by 17 you were using cannabis and methamphetamine daily and did not work again until 2022. You stated that your brother-in-law found you employment with JWN Construction as a subcontractor. You maintained this role for approximately six months before relapsing into substance use.
17. You subsequently found employment in scaffolding throughout your parole from approximately March 2024 until July or August 2024, before relapsing again and being arrested in November 2024.
18. You completed a Certificate III in Civil Construction, a First Aid course, and obtained building and forklift tickets in custody. While on remand you have worked in a bakery clean-up crew, although stated there was 'not a lot of work'. You stated you have been focusing on completing as many Alcohol and Other Drug (AOD) programs as possible, including Ice and Me (6 hours), Skating on Ice (20 hours), Changing Gears (15 hours), and you completed a Parenting program.
19. You had your first relationship when you were 14 years old. You had a three-year relationship between the age of 15 and 18 which you described as toxic due to your substance use and your partner's infidelity.
20. Your next relationship began at 18 and lasted for approximately two years. You described your partner of the time as manipulative and believed she took financial advantage of you.
21. You stated that relationships after that were largely out of convenience and characterised by substance use and toxicity. You reported having three children to three ex-partners, with the eldest being eight years old and the youngest being one year old. You stated you have had contact with your son. You stated that your son would occasionally stay with you.
22. You reported that since being in custody you have had no contact with your son. You stated you believe you need to stabilise yourself before re-engaging. You reported that your family maintains contact with your son.
23. You are currently in a relationship with Heidi, which began around mid-2023. You stated Heidi became sober while you were in custody in 2023 and remained sober when you were released on parole.
24. You stated that you no longer speak to anyone outside your family and Heidi, and you have decided to cut ties with others.
25. You described to Ms Fakhri a history of mental health difficulties.
26. You reported that from adolescence you experienced episodes of rage, during which you would 'explode' and become overwhelmed and hysterical. You reported difficulties controlling your emotions, particularly between ages 15 and 20, and believed this had improved slightly in your late twenties. You attributed some of your emotional dysregulation to drug use.
27. You stated you have received formal diagnoses of anxiety, Complex Post Traumatic Stress Disorder (C-PTSD) and Attention Deficit Hyperactivity Disorder (ADHD), in the context of night terrors, and that these diagnoses occurred around August 2023 by a psychologist you had seen in Middleton Prison. You described anxiety symptoms including restlessness, nervousness, worry, feeling overwhelmed, and overthinking. You described trauma-related symptoms including night terrors (particularly during periods of abstinence), flashbacks, paranoia (frequently 'looking over [your] shoulder'), and fear.
28. At the time of your assessment by Ms Fahkri, you were diagnosed with Post-Traumatic Stress Disorder (PTSD), Stimulant Use Disorder (Severe), Sedative/Hypnotic/Anxiolytic Use Disorder (Severe), and provisionally diagnosed with ADHD (Combined Presentation).
29. You disclosed several traumatic experiences, including being held at gunpoint at 21 and experiencing physical assaults. You stated that the sexual assault from primary school featured prominently in your dreams in early adolescence, and that once your drug use escalated you tended to have 'dreamless' sleep when using.
30. You stated that a couple of weeks prior to the assessment, you were 'set up' and attacked by known assailants. You reported the assault involved punching, kicking, and choking, and lasted approximately three hours, resulting in loss of consciousness. You reported waking with your hands and ankles tied behind your back. You did not attend hospital immediately but attended Wangaratta Hospital several days later due to severe head pain, swelling, and throbbing.
31. You reported injuries including two moderate brain bleeds, multiple brain contusions, two perforated eardrums, and a fracture to the bridge of the nose.
32. You reported a significant motor vehicle accident at the start of October 2024. You stated you were driving on the freeway and collided with the rear of another vehicle at approximately 91 km/h, after which the vehicle rolled several times and slid upside down
33. In terms of current functioning, you stated you believed you are in a 'pretty good space', describing this as one of the better periods you have had in a long time. You attributed this improvement to abstinence and medication compliance. You stated you are not happy to be in custody but understand you are there 'for a reason' and that there is nothing you can do to change that.
34. You have been prescribed lisdexamfetamine for ADHD and prazosin for night terrors in custody.
35. You denied any history of self-harm or ongoing suicidal ideation.
36. You reported first consuming alcohol at 13 years of age. You described binge drinking during your teenage years, but denied ongoing problematic alcohol use. You reported consuming approximately 10 alcoholic beverages over the past 10 years and stated you now drink rarely.
37. You reported first using cannabis at 13 years of age and stated that within three months you were using cannabis daily. At peak use, you reported consuming approximately two to four grams of cannabis per day. You stated that you have not used cannabis since approximately 18 years of age.
38. You reported beginning amphetamine use at 14 after being introduced by peers. By 15, you described your use as 'out of control', and reported transitioning into methamphetamine use by 15. You first tried methamphetamine at 15 and initially smoked approximately 0.15 to 0.25 grams per week. You reported that by 16, your use increased significantly, varying between two and five grams per day. You described methamphetamine as a 'social drug' and stated you would rarely use it alone. You stated that you have not used methamphetamine since your arrest in November 2024.
39. You reported first trying gamma hydroxybutyrate (GHB) in April 2019 and stated you used it ongoingly since that time. You reported consuming approximately 50 mL to 100 mL per day and described having a high tolerance. You stated your last GHB use was in November 2024, prior to your arrest.
40. You reported your longest period of abstinence was approximately six months in 2022, following release from prison. You stated that when sober you felt nervous and anxious, particularly in social environments and when interacting with people who did not use substances. You reported other periods of abstinence were limited to terms of imprisonment, during which you had access to buprenorphine, both prescribed and obtained from other inmates. You reported that your most recent abstinence has been the last 12 months, stating you have been offered substances but have managed to abstain.
41. In terms of AOD intervention, you reported attending a rehabilitation program at The Cottage in Shepparton in 2020 following a prison sentence. You did not get along with the program manager, left the program, and relapsed approximately six weeks later. Following leaving rehabilitation, you reported continuing to attend Day Hab three days per week, despite using substances at the same time.
42. You reported engaging in AOD counselling as part of previous Community Corrections Orders, although stated you did not feel you could talk 'comfortably' with AOD workers or counsellors. You reported last completing AOD counselling when released on parole in 2024. You reported that when you were released on bail in March 2024, you engaged with Mental Health and Wellbeing services in Lilydale and felt comfortable and supported. You stated that your CISP bail worker enabled you to undertake counselling and therapeutic sessions, although you did not make the best use of this because you did not have time.
43. You have a relevant and substantive prior criminal history in Victoria and New South Wales. Your criminal records include multiple offences of theft of motor vehicle, driving offences, possession and trafficking of drugs, dealing with property suspected proceed of crime. You records goes back to 2015 when you were only 20 years old.
44. Your sister-in-law, Olivia Bindon provided a character reference.
45. She states that you have engaged with Yarra Ranges Mental Health on your own accord and that you have continued to engage with your support worker, Matt, whilst you have been in custody.
46. Ms Bindon states that you successfully obtained parole in February 2024 for other matters and resided with her mother, Lolita Bindo. She said that you attended your appointments with your case worker and weekly drug screening all with negative results and you gained full-time employment.
47. Ms Bindon states that your down-fall was the result of returning to your hometown. She stated that the loss of your father in 2019, for whom you were a primary carer, was a major contributor to your struggle.
48. She states that in August 2024 you were assaulted and as a result you were admitted to the Wangaratta hospital. You had brain haemorrhage, facial fractures, you suffered from vision distortion, ongoing headaches and migraines and some memory loss.
49. Ms Bindon describes your relationship as a close one and states that you have the support from your family, who will continue to support you to rehabilitate and make better lifestyle choices.
50. Matthew Annesley, Peer Navigator at Yarra Ranges Mental Health and Wellbeing Local also provided a support letter tendered at the plea.
51. He describes that you were referred with consent on 5 February 2025 when you were in custody. He says you engaged with The Local with 12 hours of being released from custody and continue to engage actively in Peer Support.
52. Mr Annesley explains that your main concern was related to Alcohol and Drug use. He says you completed a comprehensive assessment and were recommended to a number of supports. He says you identified as a priority to engage with the Dual Diagnosis Clinic but you were remanded in custody before you could engage with this support.
53. Mr Annesley states that you have maintained a connection with the Local whilst in custody in preparation for your release. He says you engage fortnightly with peer support at the Local and you have been proactive in initiation ongoing contact. He says your engagement has been consistent and positive.
54. Nicole Klapanis, AOD Group Program Facilitator, provided a letter of support tendered at the plea.
55. In her letter, Ms Klapanis states that you have successfully completed four different AOD programs whilst in custody. She says you are always punctual and you have demonstrated excellent insight into your substance use and its impact on yourself and the community.
56. Mr Ferrara, you also wrote a letter to the Court in which you provided some of the circumstances that have shaped your life. You refer to your childhood as filled with instability, where your family was 'walking on eggshells' fearing your father and his severe alcoholism. You said you were often at the receiving end of your father's anger which often ended with physical violence.
57. You also refer to the sexual offending that was committed against you while in Grade 6. You described that as involving penetrative conduct.
58. You say that because of the way things were at home and due to the confusion, shame and uncertainty, you carried this burden alone and started consuming drugs and alcohol at the age of 13 as a form of self-medication.
59. You also say that prior to the offending, you were set up by someone. You say you were kidnapped, tied up and beaten over a period of 3 to 4 hours and that you suffered significant physical injuries. You also explain that the morning of the driving incident you were extremely anxious, paranoid and genuinely scared for your life.
60. You explain that since your arrest you have undergone a 'massive shift in perspective'. You say you have received a formal diagnosis of ADHD and CPTSD. You say that proper medication has stabilised your mental health and significantly reduced the night terrors that also heavily influenced your drug use.
61. Since on remand, you say that you have been focusing on your physical and mental health and completed all available voluntary AOD courses and you have remained in contact with your AOD worker. You say that you have now a clear plan for a sober, productive life.

1. Ms Fakhri reports that the following diagnosis are applicable to you: Complex Post-Traumatic Stress Disorder, Severe Stimulant Use Disorder (in sustained remission in a controlled environment), Sedative, Severe Hypnotic and Anxiolytic Use Disorder (in sustained remission in a controlled environment) and provisional Attention Deficit Hyperactivity Disorder.
2. Ms Fakhri notes at paragraph 147:

Ongoing risk reduction is likely to depend on sustained abstinence, continuity of psychiatric and psychological care (including trauma-focused treatment), adherence to ADHD treatment where clinically indicated, and stable accommodation and support in the community.

Imprisonment would likely weigh more heavily on Mr Ferrara than someone without his conditions (C-PTSD and potential ADHD in particular). His conditions make him particularly more prone to emotional dysregulation which can result in disproportionate, impulsive, reactive behaviours which are heightened under stress and within the volatile prison environment. > > ... > > Furthermore, it is noted that access to psychological and psychiatric treatment is reduced in a custodial environment due to high demand and limited resources, and only those who show signs of severe mental illness or acute medical issues are likely to be prioritised to receive treatment. It is, therefore, considered unlikely that Mr Ferrara's mental health will be adequately treated, particularly given the need for consistent, regular psychological and AOD interventions.

1. On your behalf, Mr Barreiro conceded the seriousness of your offending and conceded that a term of imprisonment with non-parole period was warranted.
2. However, he submitted that you have since engaged in rehabilitation and you have completed several specific programs to address your substance use while in custody. He submitted that you have made a deliberate effort to distance yourself from associates who draw you towards drugs and crime.
3. With respect to the objective gravity of the offending, Mr Barreiro submitted that in relation to Charge 7, trafficking in a drug of dependence in a commercial quantity, the amount involved did not greatly exceed the commercial quantity, and Charge 4 was put as trafficking simpliciter.
4. He further submitted that the money involved was only in the hundreds or low thousands of dollars and that any sales were to fund your lifestyle, which included your personal use.
5. Mr Barreiro also submitted that in relation to Charge 4, Butanediol is substantially less profitable than other drugs of dependence and that I should take that into account when sentencing you.
6. In relation to Charge 3, Mr Barreiro submitted that because theft of a motor vehicle is a discrete charge, you should not be doubly punished and the offending was not, otherwise, committed in the course of other criminality.
7. Mr Barreiro relied upon Verdins;[9] limbs five and six. Your mental health diagnoses of CPTSD and Anxiety will render the prison environment significantly more burdensome for you than for another prisoner. He referred to Ms Fakhri's report in which she notes that the high-stress, unpredictable nature of custody acts as a constant trigger for your hypervigilance and paranoia.
8. Mr Barreiro submitted that the principal of totality is applicable to this matter and that there ought to be significant cumulation in relation to Charges 4 and 7.
9. Regarding you prospects of rehabilitation, Mr Barreiro submitted that they hinge on your ability to manage your mental health and to remain drug free. He also acknowledged that your lack of stable housing and past associations with criminal peers present significant environmental risks for future relapse and subsequent crime.
10. However, Mr Barreiro submitted that you have considerable protective factors including compliance with court orders, current sobriety, and strong familial support.
11. He submitted that while in custody you have proactively engaged in vocational and therapeutic programs. He said that your offending had been driven by untreated trauma and drug-induced impulsivity and that upon release, you will require support and monitoring to give you every chance to reintegrate into the community.

1. I now turn to an assessment of the objective gravity of your offending. It hardly needs to be stated that trafficking in a commercial quantity of a drug of dependence is serious offending. The maximum penalty is 25 years' imprisonment. Drug trafficking is a scourge on society. It destroys the health and wellbeing of its victims and ruins lives, often young lives.
2. The statutory sentencing regime for all drug offences in Victoria is quantitative rather than qualitative, that is, it is based on the quantity of the drug trafficked rather than any subjective assessment of the harmful properties of the drug trafficked.
3. On the charge of trafficking in a commercial quantity of methylamphetamine you trafficked an amount of 82.5 grams which is well over the commercial threshold of 50 grams but does not approach the large commercial quantity.
4. While the quantity of the methylamphetamine is an important consideration in assessing the gravity of your offending, there are other relevant considerations, in particular an assessment of the role you played in the drug trafficking operation.
5. It is clear that you were trafficking for profit. I accept the submission of your counsel that you are best characterised as a local drug dealer, not a large operative or a member of a commercial syndicate, but still drug trafficking in small or regional communities remains objectively serious criminal conduct. All in all, I assess the objective gravity of your offending on this charge as low to mid-range.
6. On the charge of traffick simpliciter 1, 4-Butaendiaol, notwithstanding the large amount of the drug seized, which is well over a commercial quantity, the charge against you is put that you assisted Ms McGuire in her drug trafficking business and you are not charge with trafficking in a commercial quantity in this drug. Your counsel referred me to the case of Maxwell[10] in which it was observed that

1,4-Butanediol has a much lower rate of return, and this is relevant to the assessment of the objective gravity of the charge. I consider your offending to be towards the lower end of the spectrum on Charge 4. 7. The charge of conduct endangering life concerns very dangerous behaviour on your part. The speed your vehicle reached was truly hair raising and it is fortunate that no-one was killed or injured. I intend to sentence you separately for the theft of the motor vehicle involved in this offence and will not therefore treat the fact that you were in a stolen vehicle as an aggravating feature of this charge.

1. The primary sentencing consideration in this case, as in all cases of drug trafficking, are general deterrence and denunciation. Drug offences are prevalent. The message must be sent out to others who would behave as you did that the courts will not tolerate drug trafficking and such activities will result in terms of imprisonment. Specific deterrence is also a relevant sentencing principle, given your criminal history.
2. You are 30 years old. You say you want to change. You say you want to be a parent to your children. Your letter to the Court was well-written and demonstrative of your intelligence.
3. You have solid family support. This all bodes well for your rehabilitation. But you have a lengthy criminal history and have been unable to refrain from drug taking for many years now. I do not assess your prospects of rehabilitation as forlorn or hopeless, but at best they are guarded.
4. I take into account your plea of guilty which entitles you to an appropriate mitigatory discount. Your plea has utilitarian value, and I accept is indicative of remorse on your part, in conjunction with your statements of remorse in your letter to the Court which I accept as sincere.
5. On the basis of the opinions expressed in the report of Ms Fahkri on the effects of imprisonment upon you I accept that Verdins[11] limbs 5 and 6 are engaged in sentencing you.
6. Taking into account all the matters I am required to under the Sentencing Act[12] and matters personal to you, I intend to sentence you as follows.
7. On Charge 1, theft, you are sentenced to a term of imprisonment of six months.
8. On Charge 2, handling stolen goods, you are sentenced to one month.
9. On Charge 3, conduct endangering life, you are sentenced to two years.
10. On Charge 4, trafficking in a drug of dependence (simpliciter), you are sentenced to 12 months.
11. On Charge 5, theft, you are sentenced to six months.
12. On Charge 6, handling stolen goods, you are sentenced one month.
13. On Charge 7, trafficking in a drug of dependence (commercial quantity), you are sentenced three years and 10 months.
14. On summary Charge 7, dealing with suspected proceeds of crime, you are sentenced six months.
15. Charge 7 is the base charge.
16. I direct that one month on Charges 1 and 5, and summary Charge 7, nine months on Charge 3, and six months on Charge 4 be served cumulatively on the base charge and upon each other.
17. That make a total effective sentence of five years and four months. I am directing that you must serve a period of three years and four months before you are eligible for parole.
18. Pursuant to s6AAA of the Sentencing Act 1991 (Vic),[13] had you pleaded not guilty, you would have been sentenced to a total effective sentence of seven years and six months with a non-parole period of five years.
19. Pursuant to s18(4) of the Sentencing Act 1991 (Vic),[14] I declare that you have served 109 days of the sentence I have passed upon you and I direct that this be entered into the records of the Court.
20. I make the orders sought by the prosecution.

[1] Crimes Act 1958 (Vic) s 74(1).

[2] Ibid s 88.

[3] Note 1 s 22.

[4] Drugs, Poisons And Controlled Substances Act 1981 (Vic) s 71AC.

[5] Ibid s 71AA(1).

[7] Sentencing Act 1991 (Vic) s 3(1).

[8] Ibid s 5(2H).

[9] R v Verdins (2007) 16 VR 269.

[10] DPP v Maxwell [2013] VSCA 50 at [21].

[11] R v Verdins (2007) 16 VR 269.

[12] Sentencing Act 1991 (Vic) s 5.

[13] Sentencing Act 1991 (Vic) s 6AAA.

[14] Ibid s 18(4).