Legal Research
Cases
Blango v The Queen

Blango v The Queen

Case [2018] VSCA 210 24 August 2018

Type to search within this case.

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2017 0196

FRANK BLANGO	Appellant
v
THE QUEEN	Respondent

---

JUDGES:	WHELAN and KYROU JJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	13 August 2018
DATE OF JUDGMENT:	24 August 2018
MEDIUM NEUTRAL CITATION:	[2018] VSCA 210
JUDGMENT APPEALED FROM:	DPP (Cth) v Blango [2017] VCC 1140 (Judge Dean)

---

CRIMINAL LAW – Appeal – Sentence – One charge of attempting to possess a commercial quantity of an unlawfully imported border controlled drug, 2 charges of attempting to possess a marketable quantity of such a drug – Sentenced to 16 years, 6 months’ imprisonment with non-parole period of 12 years, 6 months – Whether individual sentences, orders for cumulation, total effective sentence and non-parole period manifestly excessive – Appeal dismissed – Brown v The Queen [2017] VSCA 162 considered.

---

APPEARANCES:	Counsel	Solicitors
For the Appellant	Ms C A Boston	Papa Hughes Lawyers
For the Respondent	Ms K Breckweg	Ms A Pavleka, Solicitor for Public Prosecutions (Cth)

WHELAN JA
KYROU JA:

Introduction and summary

On 24 October 2016, the appellant pleaded guilty to the charges set out in the following table. On 18 August 2017, he was sentenced as set out in that table.[1]
[1]DPP (Cth) v Blango [2017] VCC 1140 (‘Sentencing remarks’).

Charge Offence Maximum Sentence Cumulation

1 Attempt to possess a commercial quantity of an unlawfully imported border controlled drug (methylamphetamine)
[Criminal Code 1995 (Cth) ss 11.1(1), 307.5(1)] Life 15 years Base

2 Attempt to possess a marketable quantity of an unlawfully imported border controlled drug (heroin)
[Criminal Code ss 11.1(1), 307.6(1)] 25 years 5 years 1 year

3 Attempt to possess a marketable quantity of an unlawfully imported border controlled drug (cocaine) 25 years 3 years 6 months

Total Effective Sentence: 16 years, 6 months

Non-Parole Period: 12 years, 6 months

Pre-Sentence Detention Declaration: 790 days

Section 6AAA Declaration: 21 years with a non-parole period of 17 years

Charges 1 and 2 are rolled up charges, representing 33 and four separate instances of criminality, respectively. The appellant was charged with attempting to take possession of the imported drugs rather than for importing them because the intervention of law enforcement authorities prevented him from taking possession.

The appellant sought leave to appeal against his sentence on four grounds. Priest JA granted him leave to appeal on only one of those grounds, namely, that ‘[t]he sentence on charge 1, and the total effective sentence, are manifestly excessive.’[2] At the hearing of the appeal, the appellant sought leave to amend that ground so that it read ‘[t]he sentence on charges 1, 2 and 3, the orders for cumulation, the total effective sentence and the non-parole period are manifestly excessive.’ As there was no objection from the Crown, we granted the appellant leave to amend the ground.
[2]Blango v The Queen (Unreported, Court of Appeal of Victoria, Priest JA, 21 December 2017).

For the reasons that follow, the appeal will be dismissed.

Circumstances of the offending

Between 25 February…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Blango v The Queen

Details

AGLC: Blango v The Queen [2018] VSCA 210
Case: [2018] VSCA 210
Decision Date: 24 August 2018

CaseChat Overview and Summary

Blango appealed against his sentence for drug trafficking, arguing that the individual sentences for each charge, the orders for cumulation, and the total effective sentence were manifestly excessive. The appeal was heard in the Victorian Court of Appeal. The central legal issue was whether the sentences imposed by the trial judge were manifestly excessive and not justifiable under the principles established by the High Court in Brown v The Queen [2017] HCA 4. The Court of Appeal needed to determine if the sentences were disproportionate to the offending and whether they failed to reflect the principles of sentencing proportionality and individualisation.

The Court of Appeal examined the nature and seriousness of the offending, the appellant's criminal history, and the impact of his offending on the community. It considered the principles established in Brown v The Queen, which emphasised that sentences should not be manifestly excessive, and the totality principle, which requires consideration of the cumulative effect of multiple sentences. The Court held that the trial judge had properly exercised his discretion in imposing the sentences and that they were not manifestly excessive. The appeal was dismissed, and the sentences were upheld.

The Court of Appeal found that the trial judge had considered the relevant factors and had not erred in his assessment of the seriousness of the offending and the appellant's culpability. The Court also noted that the appellant's criminal history was extensive and that the offending had a significant impact on the community. The sentences imposed were considered to be proportionate to the offending and consistent with the principles of sentencing. The Court of Appeal concluded that the appeal should be dismissed, and the sentences were affirmed.

Orders