Bennett v The Queen

[2010] VSCA 280

SUPREME COURT OF VICTORIA

COURT OF APPEAL

No S APCR 2009 0947

CRAIG ASHLEY BENNETT	Applicant
	v
THE QUEEN	Respondent

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JUDGES	ASHLEY and WEINBERG JJA
WHERE HELD	MELBOURNE
DATE OF HEARING	20 October 2010
DATE OF JUDGMENT	22 October 2010
MEDIUM NEUTRAL CITATION	[2010] VSCA 280
JUDGMENT APPEALED FROM	R v Bennett (Unreported, County Court of Victoria, Judge Howard, 9 June 2009)

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CRIMINAL LAW – Drug offences – ‘Operation Jedi’ – Trafficking in cannabis – Conspiracy to cultivate cannabis – Delay – Whether insufficient weight given to applicant’s mental health – R v Verdins (2007) 16 VR 269 – Manifest excess – Leave to appeal refused.

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Appearances:	Counsel	Solicitors
For the Applicant	Mr N Pappas SC with Ms O Ondrik	Balot Reilly Solicitors
For the Crown	Mr S Cooper	Mr C Hyland, Solicitor for Public Prosecutions

ASHLEY JA:

1. I agree with Weinberg JA.

WEINBERG JA:

1. The applicant, Craig Ashley Bennett, pleaded guilty in the County Court at Melbourne to one count of trafficking in a drug of dependence, namely Cannabis L (count 1), and one count of conspiracy to cultivate a narcotic plant, also Cannabis L (count 2).  The maximum penalty on each count was 15 years’ imprisonment.  He was sentenced to two years’ imprisonment on each of counts 1 and 2.  The sentencing judge ordered that six months of the sentence on count 1 be served cumulatively upon the sentence on count 2 making a total effective sentence of two years and six months.  His Honour fixed a non-parole period of one year and eight months.

1. The applicant is one of a number of offenders whose criminality was brought to light as a result of an investigation into major drug dealing carried out by Victoria Police between August 2005 and January 2006.  That investigation was code-named ‘Operation Jedi’.  The sentencing judge observed that it involved the time and effort of many police officers and forensic and drug experts, the covert recording of thousands of hours of telephone intercepts, surveillance of suspects, and the seizure of substantial quantities of drugs.  His Honour commented, when sentencing the applicant, that he had recently sentenced three of the principal offenders, John Waters, Boris Trajkovski and Tomislav Samac to lengthy terms of imprisonment. 

1. The applicant was sentenced on 1 December 2009.  He was originally scheduled to be sentenced on 20 November 2009, along with two other co-offenders, David Reilly and Carly Maziarz.  However, he failed to appear on that day, having been hospitalised as a result of attempting suicide on the previous night.  His Honour, upon being apprised of that fact, revoked the applicant’s bail, and issued a warrant for his arrest.  At the request of the other two co-offenders, his Honour proceeded to sentence them on 20 November 2009. 

1. Count 1 concerned the trafficking of cannabis between 2 November 2005 and 5 January 2006.  During that period, the applicant conducted what his Honour described as a Giretti[1] business of wholesale trafficking of about 13 pounds, or 5.89 kilograms of…