| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0134 |
| MOHAMMED BELHAJ | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | BOYCE JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 30 June 2025 |
| DATE OF JUDGMENT: | 22 July 2025 |
| MEDIUM NEUTRAL CITATION: | [2025] VSCA 174 |
| JUDGMENT APPEALED FROM: | DPP v Belhaj (County Court of Victoria, Judge Allen, 27 June 2024) |
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APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY A SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009
CRIMINAL LAW – Sentence – Application for leave to appeal – Trafficking in not less than a commercial quantity of methylamphetamine – Possession of cocaine – Knowingly deal with proceeds of crime – Failing to provide information or assistance to police officer – Total effective sentence of 5 years and 4 months’ imprisonment with non-parole period of 3 years – Whether reasonably arguable that individual sentences, orders for cumulation, total effective sentence and non-parole period manifestly excessive – Significant mitigatory factors applicable to applicant – High objective gravity of offending – Not reasonably arguable that sentences manifestly excessive – Application refused.
Barbaro v The Queen [2021] VSCA 277; Parks v The Queen [2017] VSCA 232; Gregory (a pseudonym) v The Queen (2017) 268 A Crim R 1, discussed.
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| Counsel | ||
| Applicants: | Mr R Nathwani SC | |
| Respondent: | Mr JH Shaw with Mr J Gullaci (solicitor) | |
Solicitors | ||
| Applicants: | Stephen Andrianakis & Associates | |
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | |
BOYCE JA:
Introduction
The applicant pleaded guilty in the County Court to the following charges: a charge of trafficking in a drug of dependence in not less than a commercial quantity (methylamphetamine); a charge of possession of a drug of dependence (cocaine), a charge of dealing in proceeds of crime — $40,000 — in the knowledge that this money was the proceeds of crime, and a related summary offence of failing to comply with a direction that the applicant provide a personal identification number access code for two electronic devices.
The applicant was sentenced as follows:
| Charge | Offence | Maximum | Sentence | Cumulation |
| Indictment M10419197.1 | ||||
| 1 | Trafficking in a drug of dependence (methylamphetamine) — commercial quantity[1] | 25 years | 4 years and 6 months | Base |
| 2 | Possession of a drug of dependence (cocaine)[2] | 5 years | 10 months | 3 months |
| 3 | Knowingly deal with proceeds of crime[3] | 15 years | 1 year and 6 months | 6 months |
| Related Summary Offences | ||||
| 7 | Failing to provide information or assistance to a police officer[4] | 2 years | 6 months | 1 month |
| Total Effective Sentence: | 5 years and 4 months’ imprisonment | |||
| Non-Parole Period: | 3 years | |||
| Pre-sentence Detention Declared: | 249 days | |||
| Section 6AAA Statement: | 6 years’ imprisonment with a non-parole period of 4 years | |||
| Other Relevant Orders | Forfeiture and disposal orders | |||
[1]Contrary to s 71AA(1) of the Drugs, Poisons and Controlled Substances Act 1981 (‘Drugs Act’).
[2]Contrary to s 73(1) of the Drugs Act.
[3]Contrary to s 194(2) of the Crimes Act 1958 (‘Crimes Act’).
[4]Contrary to s 365AAA(4) of the Crimes Act.
The…
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- Belhaj v The King [2025] VSCA 174
- Case
- [2025] VSCA 174
- Decision Date
CaseChat Overview and Summary
The court considered the significant mitigatory factors applicable to Belhaj, as well as the high objective gravity of the offending. In examining the sentences, the court referred to Barbaro v The Queen and Parks v The Queen, which established that an appeal against sentence would only be entertained if it was reasonably arguable that the sentence was manifestly excessive. The court found that while there were significant mitigatory factors, the high objective gravity of the offences meant that the sentences were not manifestly excessive. Consequently, the application for leave to appeal was refused as it was not reasonably arguable that the sentences were manifestly excessive.
The court's reasoning was based on a careful balance of the aggravating and mitigating factors. The mitigatory factors included Belhaj's early guilty plea and cooperation with authorities, but these were weighed against the seriousness of the crimes and the harm caused. Ultimately, the court concluded that the sentence imposed was appropriate and not manifestly excessive, leading to the dismissal of the application for leave to appeal.
Orders
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Background to the litigation
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Evidence
Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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