SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2007 0938
| MARK DONALD CHANDLER |
| v |
| THE QUEEN |
S APCR 2007 0956
| CANER PAKSOY |
| v |
| THE QUEEN |
---
| JUDGES | MAXWELL P and WEINBERG JA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 16 June, 17 November and 2 December 2010 |
| DATE OF ORDERS | 2 December 2010 |
| DATE OF JUDGMENT | 9 December 2010 |
| MEDIUM NEUTRAL CITATION | [2010] VSCA 338 |
| JUDGMENT APPEALED FROM | R v Chandler & Paksoy (Unreported, County Court of Victoria, Judge Campton, 18 December 2007) |
---
CRIMINAL LAW – Appeal – Sentencing – Trafficking drug of dependence – Large commercial quantity – Appellants were manufacturers of drug – No less culpable than distributors – Sentencing range – Consistency of sentencing – Comparable cases – Delay – Rehabilitation – Severe clinical depression making imprisonment more burdensome – Sentences manifestly excessive – Appeals allowed – Resentenced.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J D McArdle QC | Mr C Hyland, Solicitor for Public Prosecutions |
| For the Appellant (Chandler) | Mr P G Priest QC with Mr T Kassimatis (hearing) Mr J C Stanley (orders) | Bayside Solicitors Vic Pty Ltd |
| For the Appellant (Paksoy) | Mr R Richter QC with Mr C B Boyce (hearing) Mr J Slucki (Sol) (orders) | Grigor Lawyers |
MAXWELL P
WEINBERG JA:
Mark Chandler and Caner Paksoy each pleaded guilty to one count of trafficking in a large commercial quantity of methylamphetamine (and to certain other counts). They were sentenced in the County Court on 18 December 2007, as set out in Table A below. Their appeals against sentence were heard together.
At the conclusion of the appeal hearing, we announced that the appeals would be allowed and that we would publish our reasons ‘as soon as practicable’. Because more than two and a half years had by then passed since sentence was imposed in the County Court, it seemed to us appropriate that each appellant should have the opportunity to make a submission, as on a plea in mitigation, based on up-to-date material. Their respective counsel indicated that they wished to take up that opportunity.
In the event, it has taken many months for those supplementary submissions to be filed. The delay appears to have been attributable, in a large part, to difficulties experienced by the respective solicitors for the appellants in obtaining relevant information from Corrections Victoria and, in the case of Mr Chandler, a supplementary expert’s report. It is only to be regretted that, in a case which has already been bedevilled by delay, the appellants have had to wait even longer to learn of the outcome of their appeals. The information sought from Corrections Victoria was of a routine kind and should have been able to be supplied within a matter of days, not months.
As set out below, we took the supplementary information into account in reaching our conclusion as to the appropriate resentencing. On 2 December 2010, the appellants were resentenced as set out in Table B at the conclusion of the reasons.
Background facts
On…
Continue reading Chandler v The Queen
Sign in free to access the full text
- AGLC
- Chandler v The Queen [2010] VSCA 338
- Case
- [2010] VSCA 338
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around whether the appellants' sentences were consistent with those of comparable cases, considering their roles in the drug trade and the unique circumstances of their mental health and rehabilitation efforts. The court had to determine if the sentences were manifestly excessive, and if there were any factors that warranted a reconsideration of the original sentences.
The court found that the appellants' sentences were indeed excessive. They considered the appellants' roles as manufacturers, which, while serious, did not make them as culpable as distributors. The court also highlighted the need for consistency in sentencing, comparing the appellants' case to other similar cases. Furthermore, the appellants' efforts towards rehabilitation and their severe clinical depression, which made imprisonment particularly burdensome, were significant factors in the court's reconsideration. As a result, the court allowed the appeals and ordered a resentencing that took these factors into account.
The court provided detailed guidelines for the resentencing, ensuring that the new sentences would be consistent with the principles of justice and the unique circumstances of the appellants' cases. The resentencing was aimed at addressing the perceived imbalances in the original sentences, ensuring that the appellants' rehabilitation efforts and mental health conditions were adequately considered.
Orders
Orders of the court
Resentencing at [39] - [51]
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.