DPP v Green [2025] VCC 1268

1. The prosecution tendered a summary opening for the plea dated 11 August 2025 which sets out the agreed facts of your offending. I sentence you on the basis of the facts that are set out there. There were six separate incidents of offending in a ten-day period between 16 and 26 June 2024.
2. In brief, the circumstances of your offending are as follows:

1. At some time prior to 16 June 2024, you came into possession of a credit card in the name of Joginder Singh. On 16 June 2024 at approximately 11:09am you used Mr Singh's credit card to purchase $65.90 worth of cigarettes. This constitutes Charge 1, obtaining a financial advantage by deception.

1. At some stage prior to 22 June 2024, you came into possession of a credit card owned by Trevor Heap. On that day at approximately 5:51am you used the credit card at an ATM to withdraw $50.00. This constitutes Charge 2, obtaining a financial advantage by deception.

1. On 23 June 2024 at approximately 8:00am you rode a motorbike along Manorvale Parade, Werribee, before stopping on the footpath outside number 40. You then walked up the driveway and approached the passenger side of the victim, Louise Costello's, black 2021 Land Rover Evoque.
2. You then entered the unlocked vehicle on the driver's side and drove away. Ms Costello observed this from inside her property and reported the matter to police. This constitutes Charge 3, theft.

1. On the same day at approximately 9:52am you attended Reflections Boulevard, Tarneit, in the stolen Land Rover. You then gained entry via the rear door of the garage and inside the garage were two gun safes.
2. At approximately 10:04am you briefly departed the address in the stolen Land Rover before returning at 10:08am, reversing the vehicle into the driveway directly in front of the garage. At approximately 10:49 am you moved the Land Rover at a different angle towards the garage door so that it was not parked directly in front. You then attached a rope to the vehicle's towbar and proceeded to drive forward to open the garage door and entered for a short time before leaving again in the Land Rover.
3. At approximately 11:20am you returned in the Land Rover which you parked in the driveway. You re-entered the garage with a crowbar, electric grinder and used these items, along with a claw hammer, to gain access to the gun safes.
4. The safe contained seven firearms, which you stole. You departed at 11:35am with all seven of the firearms concealed in a camping tarp which you loaded into the rear of the Land Rover.
5. This sequence constitutes Charge 4 burglary, Charge 5 theft of firearm and Charge 9 being a prohibited person possessing firearms.
6. You were a prohibited person at the time because you were subject to a Family Violence Intervention Order.

1. On 26 June 2025 at approximately 8:15 am, you attended Layla Crescent, Tarneit, in the stolen Land Rover which now displayed stolen Victorian registration plates, and you attended with co-offender Mr Mayne.
2. You and Mr Mayne entered the rear of the property by climbing the side gate and forcing entry into the garage door. You and Mr Mayne then went upstairs to the main bedroom and stole Jade bracelets valued at $2,500 and $2,000 in cash. You then left the property.
3. This constitutes Charge 6, burglary, and Charge 7, theft.

1. On the same day at 11:30 am you attended Direction Drive, Tarneit, in the stolen Land Rover. You gained access to the house by forcing entry though the rear door.
2. Once inside you stole a set of car keys belonging to a 2023 BMW X5 and you used the keys to drive away from the address.
3. This constitutes Charge 8, theft.

1. The same day, on 26 June 2025 at approximately 1:00 pm, police attended Grassbird Avenue, Point Cook, where they observed the parked stolen BMW. They saw you exit the driver's seat, and you ran towards the garage. You jumped a fence and were arrested by police while you attempted to hide behind a pot plant.

1. You are 31 years old.
2. You were born in New Zealand and moved to Australia at the age of 23, first residing in New South Wales and then moving to Melbourne three years ago.
3. You identify as Aboriginal and are currently investigating your Aboriginality on your mother's side.
4. You are the youngest of six children. Your father was violent towards your mother. He died when you were eight and then your mother left you and your siblings one year later.
5. You were cared for by grandparents and siblings who were physically abusive to you.
6. At 15 you started using alcohol and cannabis. You left school aged 16 due to drug use and in your 20s your drug use escalated to methamphetamine, heroin and GHB.
7. In Melbourne you met Georgina Moana and lived with her and her two children who were aged nine and 21 for 18 months. You did some work as a steel fixer. Your drug use and behaviour resulted in an intervention order being taken by the police on Ms Moana's behalf in February 2024, which expired in February 2025. You and Ms Moana are now engaged.
8. You also suffered a head injury during a period of homelessness when you were assaulted with the blunt side of an axe.

1. The prosecution submits that the only appropriate sentence is a term of imprisonment. Applicable sentencing purposes are general deterrence, denunciation, punishment and community protection.
2. The prosecution submits the gravity of the offending is reflected by the fact the offending spanned over ten days, and whilst not sophisticated, was opportunistic.
3. Seven firearms were stolen in incident four. On 26 June 2024 you immediately co-operated with police in recovering five of the firearms. Two of the firearms recovered have missing stocks, and two remain at large.
4. The prosecution referred to the Court of Appeal's decision in Barry v The Queen[1] that the 15-year maximum penalty reflects the theft of firearms contributes to the illegitimate flow of firearms in the community and may in turn facilitate serious criminal activity, and that risk exists regardless of whether the theft is opportunistic or premeditated.
5. For the burglary offence, entry was forced. In respect of incident four, the burglary on the garage, was into a garage attached to the house, not a stand-alone structure. The prosecution disputes that because the burglary was confined to the garage it was less serious.
6. The prosecution noted the two stolen vehicles have been recovered, and in relation to Charge 7, you stole $2,000 in cash and the Jade valued at $2,500.
7. The prosecution noted there were no victim impact statements, however, there were references in witness statements in the depositions to the impact your offending has had on the victims.
8. You stated your motive for offending was to fund your drug habit.
9. You were on four sets of bail at the time which is an aggravating feature of this offending.
10. Your defence counsel has submitted you should be sentenced to time served and released. You have been in custody for 300 days of pre-sentence detention.
11. When the 2024 intervention order removed you from the home, you became homeless. This offending occurred in the context of heavy drug addiction and that period of homelessness.
12. You have no criminal record.
13. Your defence counsel submitted matters in mitigation included your plea of guilty and expression of remorse.
14. Your counsel submitted the principles in the cases of Bugmy and Verdins apply and relied on the psychologist's report by Ms Gina Cidoni.
15. Your defence submitted you have a nine brief consolidation listed at the Sunshine Magistrates' Court for offending that occurred around the same period. She will be submitting to the Magistrates Court that a treatment community corrections order is the appropriate disposition in those matters.
16. She also submitted family hardship was a factor whilst you have been imprisoned in mitigation given the support you provided to Ms Moana and her children. However, I do note that from February 2024 an intervention order was in place preventing you from residing with Ms Moana and her children. However, you are now engaged and have stable accommodation available in the community with Ms Moana.
17. Counsel submitted your prospects for rehabilitation are good given the programs completed and medication regime you have been on in custody.

1. I turn to sentencing considerations. The main sentencing purposes are punishment, general deterrence, your rehabilitation and protection of the community.
2. I take into account the relevant factors in section 5(2) of the Sentencing Act 1991.
3. The nature and gravity of your offending is reflected in the maximum penalties applicable to each offence.
4. The most serious is the offence of the theft of firearms which carries a maximum penalty of 15 years' imprisonment. Your return to the scene in the stolen car with tools, including an angle grinder to open the gun safes, distinguishes this offence from the opportunistic nature of your other offending. As has been referred to by the prosecution, the Court of Appeal in Barry, has stated that regardless of whether it was initially opportunistic and later planned, the effect of such offending is that two of the stolen firearms remain in circulation, which may facilitate serious criminal activity.
5. I note the impact your offending has had on the victims. The owner of the guns feels guilt and fear that an innocent person may be harmed by his guns and feels unsafe and anxious. The owner of the house that you burgled with a co-offender is worried about public security in his suburb, and the owner of the house where you stole the keys and the BMW feels terrible and unsafe in their own house. As well as taking their property your offending has violated these victims' sense of well-being and safety.
6. I note your early plea of guilty for which I give full weight. I also note your remorse as indicated by your co-operation with the police regarding the whereabouts of the firearms which led to the retrieval of five of them. I also note your efforts whilst in custody to complete programs and return clear screening tests which indicates remorse by your desire to rehabilitate.
7. I also take into account your previous good character and that you have no prior convictions.
8. I have been directed to current sentencing practices by the prosecution and the defence. Whist none of the cases referred to are on all fours with your case, I take these into account and note the median sentence for theft of firearms is 1.08 years' imprisonment.
9. In terms of your personal circumstances, I take into account the two references tendered on your behalf and Ms Cidoni's report dated 23 March 2025.
10. Ms Cidoni's results of testing and diagnosis were not in dispute. I note her report refers to a number of other offences in addition to the offences you are being sentenced for today.
11. Your culpability is reflected in the largely opportunistic nature of the offending.
12. Ms Cidoni reported that at the time of your offending:

[Your] drug use was significant, with daily consumption of methamphetamine, heroin and GHB, much of which was obtained for free. He', that is you, 'described being in a state of drug induced psychosis believing people were after him. He felt much of his offending was to' 'fund my drug habit and to survive.[2]

1. Psychological testing conducted by Ms Cidoni using the Weschler Adult Intelligence Scale revealed your verbal reasoning abilities and ability to sustain attention and concentrate are in a low range and your immediate and delayed memory and semantic fluency are severely impaired. She stated you have a low IQ[3]and used a Symptom checklist which is a psychiatric inventory which also revealed you have symptoms of severe psychological distress.[4]
2. She diagnosed you with stimulant use disorder (severe), sedative, hypnotic and anxiolytic disorder (severe) and opioid use disorder (severe). These were noted to be in remission as you are in a closed prison environment.
3. Ms Cidoni stated:

His longstanding polysubstance dependence was characterised by

daily and heavy use of methamphetamine, heroin, and GHB, each contributing to cognitive impairment, paranoia, emotional instability and high-risk behaviours. He reported using approximately one gram of

methamphetamine daily for several years until he developed a tolerance and shifted to heroin, consuming nearly one gram per day at a cost of approximately $85. In addition, he routinely used 20 to 30 mls of GHB per

day, leading to blackouts, memory lapses and heightened paranoia. His substance use directly contributed to his criminal offending, homelessness and the breakdown of personal relationships, reflecting a loss of

control over his drug use despite severe consequences. Cognitive testing highlighted substantial impairments in memory, working memory and verbal comprehension, which are consistent with the neurotoxic effects of chronic stimulant use and potential opioid-related cognitive slowing. His documented

hospitalisations, including an incident where he was found unconscious and disoriented following suspected drug intoxication, further demonstrate the severity of his substance dependence.[5]

1. Ms Cidoni opined you potentially have PTSD and an adjustment disorder with depressed and anxious features or a longstanding depressive or anxiety disorder.
2. I consider the impact of your mental impairments on your behaviour. Ms Cidoni found your deficits impair your decision making, contribute to impulsivity and limits your ability to consider long term consequences. Whilst much of your offending is attributable to your drug use, it was submitted that these other factors should be taken into account. Further, it was submitted your impairments are likely to impact your experience of imprisonment making it more burdensome.
3. Your counsel submitted the application of the Bugmy principles in that you had a traumatic childhood and thus your moral culpability is less than an offender whose formative years have not been impacted in that way.
4. Your counsel also submitted _Verdin_s Principles 1, 3 and 5 apply and your cognitive difficulties and mental health conditions impacted you at the time of offending.
5. It was not disputed by the prosecution that principles 1, 3 and 5 in Verdins are engaged.
6. Ms Cidoni stated that your severe substance disorder, your cognitive impairments and emotional dysregulation impaired your ability to make rational decisions and respond to stress adaptively.
7. Given your reduced ability to exercise appropriate judgment, I accept you are less morally culpable, save for the theft of firearms offence, and I moderate the weight I apply to general deterrence as a sentencing purpose. The planning and management of the firearms theft is indicative to me that you knew what you were doing and knew that it was wrong. I lessen the reduction I give for that offence.
8. I note Ms Cidoni also stated your substance use directly contributed to your criminal offending along with other factors. Given your deprived childhood there is a likely connection between this and your drug use and offending. The role of drugs in your offending also mitigates the weight I give to general deterrence as a sentencing purpose.
9. I accept your complex impairments have meant your time in custody has been burdensome on you.
10. You suffered major deprivation, neglect and violence during childhood and I take into account your counsel's general reliance on Bugmy. The effects of this social disadvantage do not diminish with time. I have no doubt these disruptive and negative childhood experiences have played a role in you developing a drug habit and leaving school early. As I have noted, this disadvantage reduces your moral culpability and the weight I give in sentencing to general deterrence and punishment.
11. I give weight to your rehabilitation as a sentencing purpose. I note the programs you have completed in custody including 'Ice and Me' on dealing with your methamphetamine use and your participation in Waitangi Day 2025, and that you have been having urine screenings which have been clear on three occasions between December 2024 and January 2025. Your counsel also submitted you are on a Buprenorphine treatment program and taking anti-depressant and sleeping medication.
12. Protection of the community is also a sentencing purpose and in my view the community is protected if you are rehabilitated and stop using drugs.
13. In my view having taken account of all the factors referred to, I will impose a sentence which enables you to be released from custody today. The purposes of punishment and general deterrence have been achieved through a period of imprisonment. The period of imprisonment I have imposed has been reduced to take into account the moderating impact I have accorded to those sentencing purposes I have referred to, taking also into account your plea of guilty and lack of criminal priors. You have worked on your rehabilitation whilst in custody and will continue this journey in the community.

Pre-sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991:

Driver licence cancellation and disqualification:

1. With respect to Charges 7 and 8, which are theft of motor vehicle charges, I cancel all licences held by you and you are disqualified from driving for three months, which is the statutory minimum, on each charge to be served concurrently.
2. I note as of today you have served 300 days in custody which I reckon as served.
3. In accordance with section 6AAA of the Sentencing Act 1991 but for your plea of guilty the sentence I would have imposed is two years' imprisonment with an 18-month non-parole period.
4. So, the effect of this sentence is you are to be released today.

1. I should ask, Ms Sasser, whether you are aware of the forfeiture applications that have been filed with the court.
2. MS SASSER: Yes.
3. HER HONOUR: The application for forfeiture under the Firearms Act is granted, and I order the firearms and ammunition, namely, the seven items in the attached schedule to the application, are forfeited to the Minister.
4. And the application for forfeiture under the Confiscation Act is granted, and I order the four items in the attached schedule to the application are forfeited to the Minister.
5. Are there any other orders required.
6. MR ANDREWS: No other orders, Your Honour, thank you.
7. HER HONOUR: All right, thank you. Ms Sasser.
8. MS SASSER: No, thank you, Your Honour.
9. HER HONOUR: Thank you. All right, I will adjourn but I'll allow the link to continue so that you can have a word to Mr Green.
10. MS SASSER: Yes, thank you, Your Honour.
11. HER HONOUR: We'll adjourn the court, thank you.

[1] [2021] VSCA 321 (Barry).

[2] Psychological Assessment Report by Ms Gina Cidoni dated 23 March 2025 (Ms

[3] Ms Cidoni's report, [63]-[64], [66].