DPP v Luca [2026] VCC 226

six-year-old son was in the back. 4. Police observed you and Ms Eldridge moving items around the vehicle and advised you that a search would be conducted. 5. As a result, you and Ms Eldridge both became highly agitated and confrontational, continuing to frantically move items around the car. You were observed placing a white substance into a cup. You were told to exit the vehicle but refused to do so. 6. Police attempted to smash the driver's side window with a baton. Ms Eldridge opened her door and was removed from the vehicle. Police then made an attempt to remove you from the vehicle through the passenger side door, but you fled towards Stawell Street. 7. You were chased for about 100 metres before being intercepted and arrested. 8. The police conducted a search and located the following items in your pocket: * One press sealed bag with a blue stripe containing white powder; * One small press sealed bag with blue stars containing white powder; * One clear tied plastic bag containing white powder; and * $45 cash in Australian currency. 9. Investigators located two transparent bags containing white powder on the nature strip in Stawell Street. 10. They conducted a search of your black backpack and located: * a 'Gaviscon' labelled bottle, containing about 362g of a clear viscous liquid; * $27,630 cash; * A black coloured iPhone; * Eight whole and two half white powder tablets, weighing about 7g and concealed in a small white coloured metal capsule; and * Eight white powder tablets located in a second black coloured metal capsule. 11. During further searches of the grey Kia, investigators located and seized the following: * 34g of white powder on the ground next to the front passenger door; * 16g of white powder located near the gear stick and on driver's seat; * 63g of white powder located in a McDonalds cup situated on the driver's seat; * 1 x clear plastic bag containing 28g of white powder located in the driver's side footwell; and * 1 x iPhone in a pelican phone case located on the front dashboard. 12. On 17 May 2024 search warrants were executed at Ms Eldridge's address and investigators located:

• 1 x press sealed bag containing white powder on the dressing table situated in the bedroom;
  • a black lock box on the bed containing:

(a) 2 x press seal bags containing white powder; and > > (b) 2 foil parcels containing white powder.

13. A total of 244 grams of white powder was seized as a result of the intercept and subsequent search warrant. The white powder and tablets were forensically analysed and revealed the following;
    • A total quantity of 163.9g of heroin (diacetylmorphine), with a net purity of 118g. (Charge 1 - Trafficking in a drug of dependence);
    • A total quantity of 129g of 1,4-Butanediol (Charge 3 - possession of a drug of dependence);
    • A total quantity of less than 0.5g of alprazolam (Xanax) in tablet form. (Charge 4 - Possession of a drug of dependence);
    • A total quantity of 3.9g of cocaine (Charge 5 - Possession of a drug of dependence).
14. The $27,630 cash located and seized was the proceeds of crime namely drug trafficking (Charge 2 - Knowingly deal with proceeds of crime).

1. The seriousness of your offending is informed by the maximum penalties. There was 118g of pure heroin located together with a significant amount of cash, clear indicia of trafficking. Charges 1 and 2 are serious and there were varying amounts of other substances located in your possession, all in the presence of a

six-year-old child. Further, you tried to flee from police during the intercept. 2. While your offending does not fall at the higher end of the range for offences of this nature, I consider your moral culpability to be high given your attempted flight, the variety of drugs in your possession and the quantum of heroin and cash, clearly related to trafficking.

1. Your plea of guilty was entered at an early stage and in doing so, you have saved the community the time and expense of running a trial and spared the witnesses from giving evidence. 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 also demonstrated an acceptance of responsibility for your offending, together with some remorse. This insight is further apparent in your subsequent attempts at rehabilitation which I will return to shortly.

1. I turn now to your personal circumstances.
2. You are 31 years old, having been born in June 1994. You are the youngest of five children and were raised by your father after your parents' separation when you were young. You have maintained strong relationships with your four brothers and father.
3. You experienced separation from your mother, only being in her care on the occasional weekend before she moved overseas for several years with little contact. You have recently repaired this relationship and have been residing with her as part of your bail conditions. She has been an ongoing source of support during your rehabilitation.
4. You attended at least five schools in total but successfully completed a Year 12 equivalent. You have undertaken a variety of vocational and education training during previous custodial sentences, including occupational health and safety, food handling, barista training, English, basic mathematics and dealing with gambling addiction.
5. In the period between your release from prison in 2022 and the current offending (approx. 2.5 years), you were working in your father's business as a cabinet maker fitting kitchens.
6. Since being released on bail, you have completed similar work alongside your brother on a casual basis. You hope to return to this line of work on a more regular and consistent basis as your rehabilitation progresses.
7. Your substance abuse issues began soon after finishing school, having experimented with drugs from the age of 14.
8. You have a complex background of mental health issues which are intertwined with your substance abuse issues. A report provided to me by GP, Dr Mohamad El Souki, dated 20 February 2026, notes you have previously been diagnosed with ADHD, PTSD, severe social anxiety/agoraphobia and major depressive disorder.
9. This was supported by a letter from Professor Edward Ogden dated 20 February 2026, who confirmed a diagnosis of ADHD, combined presentation, with emotional dysregulation and PTSD.
10. You completed various drug treatment programs and community support services under YSAS 'Youth Junction' between 2013 and 2015. However, your recent residential stay at the Cottage has been the most significant opportunity for rehabilitation to date.
11. I received a letter from Mr Aaron Gillhooley dated 22 September 2025, which summarised your progress at the Cottage. Mr Gillhooley stated your 'dedication to getting clean from drugs and following advice has been evident in [your] stay at the Cottage, demonstrating significant progress in [your] recovery journey.'
12. Since leaving the Cottage, you have attended Narcotics Anonymous sessions once each week and engage with your sponsor 3-4 times each week. You have continued to progress positively and remain substance free.

1. Mr Luca, drug trafficking is a serious offence, particularly when accompanied by a proceeds of crime charge.
2. You have a relevant criminal history and I must make clear to you that you simply cannot continue to offend in this way. The consequences are gaol, a period of which you have already served in relation to this offending.
3. Similarly, I must demonstrate to the community by the sentence I impose that the court takes this type of offending seriously and will impose stern sentences. Members of the community minded to act as you have done must understand the inevitable consequence will be imprisonment.
4. Drugs are a scourge on society and the community must be protected from drug traffickers like you. I also take into consideration just punishment and denunciation.
5. Given your ongoing drug addiction and your recent stay at the Cottage, I consider your prospects of rehabilitation to be improving, but still guarded, as they are dependent on your meaningful engagement with the drug and alcohol services available to you on an ongoing basis.
6. Parity is also a relevant consideration given Ms Eldridge received a two year Community Correction Order after pleading guilty to trafficking heroin and two charges of possess drug of dependence arising from this incident. Her charges were less by way of quantum and did not involve a proceeds of crime charge. I consider your moral culpability to be greater than hers, but her sentence is nevertheless relevant.

1. Your counsel submitted that taking all of the above matters into account, I should impose a disposition that would not see you returned to custody.
2. The prosecutor submitted that in all the circumstances, a term of imprisonment in combination with a Community Correction Order would be within range.
3. I had you assessed for a Community Correction Order. You were found to be a high risk of general reoffending but nevertheless suitable for an order.
4. A Mental Health Community Correction Screening assessment found you to have a mild mental health problem, namely clinically significant symptoms of depression, trauma and neurodevelopmental issues. Ongoing treatment was recommended.

1. Mr Luca, would you please stand?
2. On Charge 1, trafficking in a drug of dependence namely heroin, and Charge 2, knowingly deal with proceeds of crime, you are sentenced to an aggregate term of 75 days' imprisonment in combination with a Community Correction Order. That order is with conviction and will last for a period of 18 months.
3. You are to comply with the core conditions of the order, being that:
   • You must not commit another offence punishable by imprisonment during the period of the order.
   • You must comply with any obligation or requirement prescribed by the regulations.
   • You must report to, or receive visits from, the Secretary during the period of the order.
   • You must report to the Werribee Community Correction Centre within two working days of today.
   • You must notify the Secretary of any change of address or employment within two clear working days after the change.

• You must not leave Victoria except with the permission of the Secretary.
• You must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the order.

1. In addition, you are to comply with the following special conditions:
   • You are to undergo assessment and treatment for drug use.
   • You are to undergo assessment and treatment for mental health.
   • You are to be subject to supervision.
2. Do you consent to that order being made?
3. OFFENDER: Yes, Your Honour.
4. HER HONOUR: On Charges 3, 4 and 5, possession of a drug of dependence, you are sentenced to pay an aggregate fine in the sum of $1,500 with conviction.
5. Pursuant to s18 of the Sentencing Act 1991, I declare that you have served 75 days by way of pre-sentence detention.
6. I grant the Disposal Order sought by the prosecution.
7. Pursuant to s6AAA of the Sentencing Act 1991, I declare that had you not pleaded guilty, the sentence I would have imposed would have been two years and six months' imprisonment with a non-parole period of 18 months. I will now have you sign the order. You can assist, Ms Garde-Wilson. You may be seated, Mr Luca. We will have copies of that order prepared for the parties and for Mr Luca.
8. Is there anything further from anyone? No? Thank you both for your assistance, we will stand down.