SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2012 0217 | |
| DAVID VOZLIC | Appellant |
| v | |
| THE QUEEN | Respondent |
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JUDGES: | ASHLEY, REDLICH and PRIEST JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 8 May 2013 | |
DATE OF JUDGMENT: | 8 May 2013 | |
MEDIUM NEUTRAL CITATION: | [2013] VSCA 113 | |
JUDGMENT APPEALED FROM: | R v Vozlic (Unreported, County Court at Mildura, 7 September 2012) | |
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CRIMINAL LAW – Sentence – Trafficking simpliciter in amphetamines over eight month period – Commercial quantity – Pecuniary Penalty Order by consent – Vacating order as facts did not support conclusion that profit had been made – Predetermined general view not to accept assertions from Bar table and contents of psychological reports that appellant’s drug use contributed to offending in the absence of ‘cogent admissible evidence’ – Error in general approach to factual question – Observations about reference to content of witness statements in Crown opening – Appeal allowed – Appellant re-sentenced.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr T Kassimatis | Valos Black & Associates |
| For the Respondent | Mr T Gyorffy SC | Mr C Hyland, Solicitor for Public Prosecutions |
ASHLEY JA:
I ask Redlich JA to give the first judgment.
REDLICH JA:
The appellant pleaded guilty in the County Court at Mildura on 1 September 2012 to one charge of trafficking in a drug of dependence and one charge of threat to kill. On 7 September 2012 he was sentenced as follows:
Charge Number
Offence
Maximum
Sentence
Cumulation
1
Trafficking in a drug of dependence
(s 71AC of the Drugs Poisons and Controlled Substances Act 1981)
15 years’ imprisonment
3 years
9 months’ imprisonment
Base
2
Threat to kill (s 20 of the Crimes Act 1958)
10 years’ imprisonment
6 months’ imprisonment
3 months
Total Effective Sentence:
4 years’ imprisonment
Non-parole Period:
2 years 6 months’ imprisonment
Pre-sentence detention declared:
207 days
6AAA Statement: 6 years’ imprisonment with a non-parole period of 4 years.
Other relevant orders: Pecuniary Penalty Order of $31,000.
The sole ground of appeal on which the appellant was granted leave relates to the individual sentences on Charge 1, the total effective sentence and the non‑parole period, all of which are said to be manifestly excessive in lights of the constellation of mitigating factors being the appellant's absence of prior conviction, his early plea of guilty and his good prospects for rehabilitation.
Between 15 September 2010 and 20 April 2011, the appellant and his co‑offender, LD, engaged in commercial trafficking of amphetamine in Mildura. LD also pleaded guilty to trafficking in a drug of dependence and was sentenced at the same time as the appellant. LD was sentenced to two years and nine months' imprisonment, wholly suspended.
The appellant was aged 41 at the time of the offences and LD was significantly younger. The appellant, who had access to a significant supply of drugs, supplied LD with about one ounce of amphetamine each week, 31 weeks, between those dates. LD and his girlfriend would purchase the amphetamine from the appellant and then on…
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- AGLC
- Vozlic v The Queen [2013] VSCA 113
- Case
- [2013] VSCA 113
- Decision Date
CaseChat Overview and Summary
The court examined the trial judge's approach to the sentencing process, particularly focusing on the handling of factual issues related to the appellant's drug use. The trial judge had declined to accept the appellant's assertions that his drug use contributed to his offending behaviour without "cogent admissible evidence," which the court found to be an error. The court further observed that the trial judge did not adequately consider the contents of witness statements and psychological reports, which could have provided relevant context to the appellant's drug use and its impact on his offending. This misstep in the consideration of factual evidence led the court to conclude that the trial judge’s approach was flawed.
The court allowed the appeal and re-sentenced the appellant, emphasising the importance of a comprehensive consideration of all relevant factual matters in sentencing. The court vacated the Pecuniary Penalty Order as the facts did not support the conclusion that the appellant had made a profit from his criminal activities. The final orders of the court included a re-sentencing of the appellant, with specific directions to the trial judge to properly consider all factual matters in future sentencing proceedings.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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