DPP v Rubinic [2016] VCC 1037

Sentence summary: Trafficking (large commercial quantity)

After police found a large quantity of drugs in the backpack of a person leaving the offender’s home, a search of the house revealed 7.5 kilograms of MDMA (including more than 9000 ecstasy tablets), 940 grams of methylamphetamine, two tablet press machines, two guns and $71,495 in cash.

The offender pleaded guilty to trafficking a large commercial quantity of a drug of dependence, possession of a tablet press and possession of an unregistered handgun.

The judge found the offending was of the utmost seriousness. While it was not possible to precisely identify the offender’s role in the criminal organisation, it was clear he was performing a trusted executive role at a senior level.

The offender had pleaded not guilty during the committal hearing. His guilty plea was at an early stage, but the judge found it should be taken into account in mitigating the sentence as it spared the community the expense of a trial and evidenced a degree of remorse. The judge also took into account his relative youth (25) and good prospects for rehabilitation underpinned by engagement with drug rehabilitation services, the support of a long-term partner and solid work history.

The offender submitted that his drug addiction turned him to his offending. The judge found, however, that the trafficking occurred at a very significant level, far beyond what was necessary to support his addiction. He was instead motivated by the vast profits available from his criminal activity.

The principal sentencing purpose was protection of the community. Illegal drugs of dependence cause incalculable damage. Such organised criminal conduct must be denounced.

The offender was sentenced to a total sentence of seven years and nine months’ imprisonment with a non-parole period of four years and six months.

Was this page helpful?

Page last updated: 3 September 2018