DPP v Hamilton [2025] VCC 1198

1. 5.9 kgs of fireworks: charge 4, possessing an explosive substance, contrary to s 317(4) of the Crimes Act 1958, the maximum penalty for which is five years imprisonment;

1. Six grams of methamphetamine: charge 1, possession of a drug of dependence, contrary to s 73(1) of the Drugs, Poisons and Controlled Substances Act 1981, the maximum penalty for which is five years imprisonment;[2] 2. 3.4 grams of cocaine, 1.4 grams of alprazolam, 26 tablets of diazepam, 20 capsules of oxycodone and 7 capsules of tramadol: charge 2, a rolled up charge of possessing a drug of dependence, contrary to s 73(1) of the Drugs, Poisons and Controlled Substances Act, the maximum penalty for which is one year imprisonment;[3] and 3. $8750: charge 5, possessing proceeds of crime, contrary to s 194(2) of the Crimes Act, the maximum penalty for which is 15 years imprisonment.

1. Both parties agreed that your most serious offending was the firearms offending, and that the seriousness of this offending requires that you serve a head sentence with a non-parole period. I find that your offending was serious: [4]
   1. The quantity of firearms in your possession was high. [5]
   2. You had previously offered firearms for sale on an encrypted messaging app.[6] There is no evidence about your potential buyers. Therefore, the prosecution cannot prove that you had offered to sell firearms to known criminals or for purposes which you knew to be criminal; or that your possession was associated with any other ongoing criminal activity.
   3. Nevertheless, given the quantity of firearms and your previous conduct, I am satisfied that illegal sale must have been at least one of the purposes for which you possessed at least some of the firearms.
   4. You took steps (albeit insufficient ones) to secure the firearms from others. The firearms were stored in the garage at your family home. The garage was lockable. Some of the firearms were incomplete or in pieces. All of the operable firearms were protected by a further lock, in the form of either a gun safe or a locked toolbox. The firearms were not loaded.
   5. You were not a prohibited person, and do not have a history of firearms offending. However, you were clearly aware that what you were doing was illegal.
   6. Your other offending, including the possession of a significant quantity of methamphetamine, is also far from trivial.
2. The parties referred me to several examples of current sentencing practice for the offence of possessing a traffickable quantity of firearms.[7] Those cases confirm that general deterrence, just punishment and denunciation are important sentencing purposes for offending of this kind. They also suggest that offending such as yours will usually result in a reasonably significant head sentence with a non-parole period.

Personal circumstances and other subjective matters

1. You were born in 1994 and are now 31 years old. You were raised by your parents in Mornington, and had a positive childhood.
2. You started using cannabis when you were 15, and methamphetamine when you were 18. You were using methamphetamine every second day in the period leading up to your arrest. You started working on your rehabilitation shortly after you were released on bail, and have made good progress, particularly with your drug use.
3. You have a fairly short criminal history from when you were a young man, including drug, burglary, dishonesty, proceeds of crime and bail offending. You do not have any previous firearms offending. The age and limited nature of your criminal history means that the need for specific deterrence is of less weight.
4. There is no real explanation for your firearms offending in the material before me, although your counsel said that you had developed a fascination with tinkering with firearms. Your friends and family appear to have been shocked by your offending and describe it as being out of character. I think it would be more accurate to say that you had managed to keep this aspect of your character hidden from those who know you best.
5. You have worked consistently since you left school, first as an apprentice butcher, then as a roof plumber, and - for the last nine years - as a concreter. You have also been in a relationship with your wife Chloe for nine years, and your daughter Isla is now six. The letters written on your behalf speak of what a devoted father you are. You and Chloe bought a home 18 months ago, and your family depends on your income.
6. Imprisonment is an unavoidable consequence of your offending; and I am told that an unavoidable consequence of your imprisonment will be that you and your wife will have to sell your home, and that she and your daughter will have to move to rental accommodation. You deeply regret the impact that your offending has had and will continue to have on your loved ones, and I accept that this will weigh heavily on you during your time in prison.[8]
7. You pleaded guilty after several committal mentions. The prosecution accepted that the time taken to reach a settlement of the matter was necessary because the indictment could only be settled after expert ballistics evidence had been obtained. I will therefore treat your plea as an early plea. Your plea saved the courts, witnesses, prosecuting agencies and the community as a whole time, money, inconvenience, uncertainty and stress. Your plea also shows your willingness to accept responsibility for your offending and is suggestive of remorse.
8. Your employment history, your family support and your abstinence from drugs, satisfy me that you have very good prospects for rehabilitation.

1. If you had not pleaded guilty, I would have imposed a total effective sentence of five years imprisonment with a three and a half year non-parole period. Because you pleaded guilty, I am instead sentencing you as follows:
   1. For possessing a traffickable quantity of firearms,[9] I convict you and impose a sentence of two and a half years imprisonment (this is the base sentence).
   2. For the other weapons and explosives offending,[10] I convict you and impose an aggregate sentence of one year imprisonment, four months of which are to be served cumulatively on the base sentence.
   3. For the ammunition charge,[11] I convict you and impose no further punishment.
   4. For the drugs offending,[12] I convict you and impose an aggregate sentence of four months imprisonment, one month of which is to be served cumulatively on the base sentence.
   5. For the proceeds of crime offence,[13] I convict you and impose a sentence of four months imprisonment, one month of which is to be served cumulatively on the base sentence.
   6. That makes for a total effective sentence of three years imprisonment.
   7. I direct that you spend 20 months of your sentence before you are eligible for parole.
   8. I declare that you have already served two days of your sentence by way of pre-sentence detention.
   9. I make the disposal and forfeiture orders sought by the prosecution.

[1] The detailed circumstances of offending are set out in the Prosecution Opening on Plea (22 July 2025, Exhibit P1). I have also considered the submissions of the parties and tendered material, including the defence outline of plea submissions (15 July 2025, Exhibit D1); Amanda Brown, rehabilitation report (3 February 2025, Exhibit D2); and bundle of character references (Exhibit D3).

[2] Given the quantity and other circumstances (see Prosecution Opening, [11]-[12]), the defence accepted that I could not be satisfied on the balance of probabilities that the offence was not committed by Mr Hamilton for any purpose relating to trafficking: see s 73(1)(b) and (c). I am not.

[3] Given the quantity and circumstances, the prosecution accepted that I could be satisfied on the balance of probabilities that the offence was not committed by Mr Hamilton for any purpose relating to trafficking: see s 73(1)(b). I am.

[4] For sentencing factors relevant to possession of firearms offending, see Berichon v The Queen [2013] VSCA 319; (2013) 40 VR 490 at [26] (Redlich JA); DPP v Basic [2017] VSCA 376 at [81]- [88] and [94]-[97] (Weinberg, Osborn and Priest JJA); and DPP v Graoroski [2018] VSCA 332 at [34]- [36] (Maxwell P, T Forrest and Weinberg JJA).

[5] The specific firearms are set out in the particulars to charge 3 in indictment P12642102 (as amended on the day of the plea hearing). Not all of the firearms were complete.

[6] This is evidenced by the Signal messages found on your phone: Depositions, Exhibit 79. Although the probable inference is that you had sold firearms, I cannot be satisfied (beyond reasonable doubt) of this fact.

[7] I have taken these cases into account:

• DPP v Symons [2022] VCC 1471 (Judge Rozen, one year imprisonment): two firearms; not used for criminal offending; lengthy criminal history including similar offending; some Verdins; youth.

• DPP v Jeanes [2024] VCC 273 (Judge Marich, three years six months imprisonment): 11 firearms; loaded and accessible; motive of financial gain; limited criminal history.

• DPP v Vipond [2025] VCC 81 (Judge Tiwana, 20 months imprisonment): four loaded firearms; insecurely stored; purpose was for own security; limited criminal history; delay.

[8] However, I do not accept that these consequences of your offending amount to exceptional family hardship: Markovic v The Queen [2010] VSCA 105; Carabott v The King [2025] VSCA 118.

[9] Charge 3. In my view, all of the offending can be said to have been founded on the same facts: Sentencing Act 1991, s 9(1). It is, therefore, open to me to impose a single aggregate sentence. However, given the significant differences between the various types of offences I find that it is more appropriate to aggregate them in groups of thematically related offending.

[10] Charge 4 and related summary offences 18, 19 and 26.