SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2008 0813 |
| SHANE FRANCIS BUGEJA |
| v |
| THE QUEEN |
| S APCR 2008 0812 |
| LANCE CRAIG JOHNSON |
| v |
| THE QUEEN |
- - -
JUDGES: | BUCHANAN, WEINBERG and BONGIORNO JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 8 November 2010 | |
DATE OF JUDGMENT: | 26 November 2010 | |
MEDIUM NEUTRAL CITATION: | [2010] VSCA 321 | |
JUDGMENT APPEALED FROM: | [2008] VSC 330 (Bell J) | |
- - -
CRIMINAL LAW – Conspiracy to traffic in a large commercial quantity of a drug of dependence – The prosecution threatened to lead evidence that an alleged conspirator had stolen chemicals adapted to manufacturing methylamphetamine if his counsel suggested to a witness that a meeting critical to the Crown case had not taken place – Prosecutor acted fairly in warning defence counsel – Ruling by trial judge that prosecutor could lead the evidence not in error – Verdict not unsafe or unsatisfactory – Prosecutor misled jury by suggesting that the fact that counsel for the alleged conspirator did not suggest to the witness that the meeting did not take place supported the conclusion that there was a meeting – Substantial miscarriage of justice.
CRIMINAL LAW – Sentence – Offer to plead guilty to trafficking in a commercial quantity not a mitigating factor – Head sentence of ten years’ imprisonment with a minimum term of eight years’ imprisonment – Non-parole period open to the judge in the exercise of his discretion.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant Bugeja | Mr C B Boyce | Leanne Warren & Assocs |
For the Applicant Johnson | Mr M J Croucher | Chester Metcalfe & Co |
| For the Respondent | Mr D A Trapnell SC | Mr C Hyland, Solicitor for Public Prosecutions |
BUCHANAN JA:
After a trial in the Supreme Court, the applicants and Brian Zerna were found guilty on a count alleging that between 1 October 2004 and 22 August 2005 they conspired with each other and with a person designated as ‘PTO’ and George Lipp to traffic in not less than a large commercial quantity of methylamphetamine. A plea was conducted. Each of the applicants was sentenced to be imprisoned for a term of ten years with a minimum term of eight years’ imprisonment.
Bugeja seeks leave to appeal against conviction and sentence. Johnson seeks leave to appeal against his sentence.
The principal Crown witness was PTO, who had been the operations manager of a company which dealt in chemicals. From the latter part of 2004 to 22 August 2005, when the conspirators were arrested, PTO sold Johnson large quantities of chemicals from which methylamphetamine could be manufactured. Johnson paid PTO about $60,000 in cash overall.
Apart from the evidence of PTO, the Crown led evidence of conversations recorded by listening devices, data from a tracking device in Bugeja’s car, surveillance of the conspirators, descriptions of chemicals and equipment from a laboratory at a farm at Knowsley and at the home of Zerna, recordings of intercepted telephone conversations and documents, including recipes, orders for chemicals, maps and accounts. It appeared…
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- AGLC
- Bugeja v The Queen [2010] VSCA 321
- Case
- [2010] VSCA 321
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the prosecution acted fairly in warning the defence counsel and if the trial judge's ruling permitting the evidence was correct. Additionally, the court examined whether the prosecutor's comments to the jury about the defence counsel's conduct constituted a significant error that led to a miscarriage of justice. The High Court held that the prosecutor's actions were fair and the evidence was properly admitted. The court found that while the prosecutor's comments to the jury were misleading, they did not result in a substantial miscarriage of justice, and thus the conviction was upheld. The court also addressed the sentencing issue, affirming that an offer to plead guilty was not a mitigating factor and that the sentence was within the appropriate range.
Finally, the High Court dismissed the appeal and upheld the conviction and sentence. The court confirmed the ten-year imprisonment term with a minimum of eight years before parole eligibility, leaving the non-parole period open for the trial judge's discretion.
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
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Ratio Decidendi
Legal Principle Established
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