SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0250
| AKIN ARICI | Appellant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | BEACH and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 15 October 2019 |
| DATE OF JUDGMENT: | 15 October 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 228 |
| JUDGMENT APPEALED FROM: | DPP v Arici [2018] VCC 1744 (Judge Condon) |
---
CRIMINAL LAW – Appeal – Sentence – Trafficking not less than commercial quantity of a drug of dependence – Quantity of 74.5 kilograms of 1,4-Butanediol – Pleas of guilty – Total effective sentence of 6 years’ imprisonment with non-parole period of 4 years imposed on appellant – Total effective sentence of 4 years and 9 months’ imprisonment with non-parole period of 3 years imposed on co-offender – Characterisation of appellant as a ‘sitter’ and co‑accused as a ‘courier’ – Parity raised as issue at plea –Unclear statement by sentencing judge that ‘measure of parity’ required between appellant and co-offender – Lower moral culpability of appellant – Significant mitigating circumstances in support of appellant –Appeal allowed – Appellant resentenced to total effective sentence of 5 years’ imprisonment with non-parole period of 3 years and 3 months.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr D Grace QC | Melasecca Kelly & Zayler |
| For the Respondent | Mr C T Carr | Mr J Cain, Solicitor for Public Prosecutions |
BEACH JA
WEINBERG JA:
On 5 July 2018, the appellant pleaded guilty in the County Court to a number of drug trafficking and drug possession offences. He also pleaded guilty to possession of a firearm while a prohibited person, and negligently dealing with proceeds of crime. On 25 October 2018, he was sentenced as follows:
Charge on
Indictment
Offence Maximum Sentence Cumulation 1. Trafficking in not less than a commercial quantity of a drug of dependence (1,4‑Butanediol) [s 71AA(1) of the Drugs, Poisons and Controlled Substances Act 1981] 25 years’ imprisonment
4 years Base 2. Trafficking in not less than a commercial quantity of a drug dependence (Methylamphetamine) 25 years’ imprisonment
4 years 2 years 3. Possession of a drug of dependence (MDMA) [s 73(1)(c) of the Drugs, Poisons and Controlled Substances Act] 400 penalty units or 5 years’ imprisonment 12 months — 4. Possession of a drug of dependence (Cocaine) 400 penalty units or 5 years’ imprisonment 3 months — 5. Possession of a drug of dependence (Cannabis L) 400 penalty units or 5 years’ imprisonment 3 months — 6. Possessing a firearm while a prohibited person [s 5(1) of the Firearms Act 1996] 1200 penalty units or 10 years’ imprisonment 18 months — 7. Negligently dealing with proceeds of crime [s 194(4) of the Crimes Act 1958] 5 years’ imprisonment 6 months — Total Effective Sentence: 6 years’ imprisonment Non-Parole Period: 4 years’ imprisonment (1) of the Sentencing Act 1991Pre-Sentence detention declaration pursuant to s 18: 123 days 6AAA Statement: 8 years’ imprisonment with a non-parole period of 6 years. Other relevant orders: Pursuant to s 6B(2) of the Sentencing Act 1991
Continue reading Arici v The Queen
Sign in free to access the full text
- AGLC
- Arici v The Queen [2019] VSCA 228
- Case
- [2019] VSCA 228
- Decision Date
CaseChat Overview and Summary
The court examined the roles played by the appellant and the co-offender, characterising the appellant as a 'sitter' and the co-offender as a 'courier'. The sentencing judge had referred to the need for 'parity' between the sentences of the appellant and the co-offender, but the court found that this was not clearly articulated. The court further noted that the appellant had lower moral culpability compared to the co-offender and that there were significant mitigating factors in the appellant’s favour. Given these considerations, the court found that the sentence imposed on the appellant was excessive.
The High Court allowed the appeal and resentenced the appellant to a total effective sentence of 5 years’ imprisonment with a non-parole period of 3 years and 3 months. This decision reflected the appropriate consideration of the roles, moral culpability, and mitigating factors presented in the case. The High Court’s re-sentencing ensured that the punishment met the principles of justice and proportionality.
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.