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DPP (Cth) v Munro [2019] VSCA 89

appeal against sentence — 4 counts of importing Tier 2 goods contrary to s 233BAB(5) and 2 counts of attempted importation of firearms with intention of trafficking contrary to ss 11.1(1) and 361.2 of Commonwealth Criminal Code — offences related to importation of 12 fully automatic machine guns, with attempt to import 6 further machine guns, and importation and attempted importation of semi-automatic handguns — original sentence imposed 10 years’ and 3 months imprisonment with 6 year non-parole period — objective seriousness — importation of weapons very serious — importing fully automatic machine gun, which can fire 1,000 rounds of ammunition per minute, at highest end of range of seriousness — when charge concerns multiple guns, objective seriousness is higher again — presence of guns of this kind in our community creates risk of danger to community which is grave and long-lasting — such weapons can remain in circulation for years after importation leaving risk of large-scale death and injury undiminished — firearms imported where firearms which had no lawful use and there was evidence before sentencing court of their having been used in connection with serious criminal activity — general deterrence — s 16A(2)(ja) — general deterrence is, self-evidently, a consideration of the highest importance for offending of this kind — the sentence to be imposed had to signal to those involved in unlawfully introducing firearms into Australia for profit that the potential substantial financial rewards to be gained are neutralised by the risk of severe punishment — manifest inadequacy — over period of 3.5 years, offender engaged in persistent, planned, sophisticated offending to bring into Australia mass killing machines the only purpose of which was their use in the threatened or actual taking of human life — total effective sentence and non-parole period are well below what was required to reflect the aggregate criminality of the offending — appeal allowed —  offender resentenced to 15 years’ imprisonment with 11 year non-parole period
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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