SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2020 0170
| ALEJANDRO MENDIETA-BLANCO | Applicant |
| v | |
| THE QUEEN | Respondent |
S EAPCR 2020 0186
| CHEY TENENBOIM | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | PRIEST, KAYE and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 30 September 2020 |
| DATE OF JUDGMENT: | 12 October 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 265 |
| JUDGMENTS APPEALED FROM: | [2018] VCC 1277; [2020] VCC 1319 (Judge Johns) |
---
CRIMINAL LAW – Appeal – Sentence – Receiving stolen goods – Sentencing procedure – Principle of parity – Weighting of mitigating factors – Comparison of mitigating factors of co-accused – Manifest excess – Sentence only manifestly excessive where wholly outside available range – Manifest excess of disparity in sentences of co-accused – Manifest inadequacy in sentences of co-accused – Sentencing not a mechanical exercise – De Simoni principle – Sentencing assessment confined to charges on the indictment – Relevance of accused’s role in creating context for own offending to assessment of seriousness – Extra-curial punishment – Impact of COVID-19 pandemic on sentencing – Family hardship as a standalone sentencing consideration – Leave to appeal refused – R v De Simoni (1981) 147 CLR 383 considered; Nipoe v The Queen [2020] VSCA 137, Clarkson v The Queen (2011) 32 VR 361, House v The King (1936) 55 CLR 799 applied – Crimes Act 1958 s 88, Second-Hand Dealers and Pawnbrokers Act 1989 ss 19, 20.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant (Mendieta-Blanco) | Ms R Shann with Ms C Boston | Furstenberg Law |
| For the Applicant (Tenenboim) | Mr D Grace QC with Dr M Fitzgerald | David Grace QC |
| For the Respondent | Mr J C J McWilliams | Ms A Hogan, Solicitor for Public Prosecutions |
PRIEST JA
KAYE JA
T FORREST JA:
Introduction
The applicants, Alejandro Mendieta-Blanco (‘AMB’) and Chey Tenenboim (‘CT’), were associated with a business called Sell Your Gold Pty Ltd. The business traded in gold, diamonds, precious gems and luxury watches. A large part of the business involved the purchase of gold jewellery from members of the public. Each applicant pleaded guilty to one rolled-up charge of receiving stolen goods, as did a third person, Julio Mendieta-Blanco (‘JMB’), who is not the subject of an application for leave to appeal. The three men were sentenced in the County Court as follows.
AMB
Offence Legislation Maximum Sentence Receiving stolen goods Crimes Act 1958 s 88 15 years 4 months’ imprisonment +
2-year CCO (200 hours)s 6AAA declaration 24 months’ imprisonment, with a non-parole period of
12 monthsPre-sentence detention Nil CT
Offence Legislation Maximum Sentence Receiving stolen goods Crimes Act 1958 s 88 15 years 12 months’ imprisonment +
2-year CCO
(200 hours)s 6AAA declaration 4 years’ imprisonment, with non-parole period of
2 years 6 monthsPre-sentence detention 32 days JMB
Offence Legislation Maximum Sentence Receiving stolen goods Crimes Act 1958 s 88 15 years 2.5-year CCO s 6AAA declaration 20 months’ imprisonment, with non-parole period of 10 months Pre-sentence detention Nil
The applicants seek leave to…
Continue reading Alejandro Mendieta-Blanco v The Queen
Sign in free to access the full text
- AGLC
- Mendieta-Blanco v The Queen [2020] VSCA 265
- Case
- [2020] VSCA 265
- Decision Date
CaseChat Overview and Summary
The court had to determine if the sentence imposed was manifestly excessive, considering the principle of parity in sentencing co-accused. The appeal argued that the disparity in the sentences between the defendant and his co-accused was unjust, and that the sentencing process did not adequately weigh mitigating factors. The appeal also raised questions about the relevance of the defendant’s role in the context of the offending and whether family hardship should be considered as a standalone factor.
The Court of Appeal found that while the disparity in sentences between the defendant and his co-accused was notable, it was not so great as to render the sentences manifestly excessive. The court emphasised that sentencing is not a mechanical exercise and that the assessment of seriousness should be confined to the charges on the indictment. The court also considered the principle of parity but concluded that the disparity did not reach the threshold of manifest excess. The appeal against sentence was dismissed, and the original sentence was upheld.
No further orders were made by the Court of Appeal, and the defendant's appeal was dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.