SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0242
| DANIEL NAWAR | Applicant |
| v | |
| THE QUEEN | Respondent |
S APCR 2017 0177
| METIN TURKOZU | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | WHELAN and KYROU JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 18 January 2018 |
| DATE OF JUDGMENT: | 2 February 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 6 |
| JUDGMENT APPEALED FROM: | DPP v Nawar; DPP v Turkozu [2017] VCC 1015 (Judge Smith) |
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CRIMINAL LAW – Appeals against sentence – Guilty pleas to trafficking in small quantity of ice and other charges – Sentence of 3 years’ imprisonment for trafficking charge – Crown concession that sentence manifestly excessive – Appeals allowed – Appellants resentenced to 2 years’ imprisonment for trafficking charge.
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| APPEARANCES: | Counsel | Solicitors |
For the Applicant Nawar | Mr R F Edney | David Barrese & Associates |
For the Applicant Turkozu | Ms J Warren | Emma Turnbull Lawyers |
For the Respondent | Mr B Sonnet | Mr J Cain, Solicitor for Public Prosecutions |
WHELAN JA
KYROU JA:
Introduction and summary
The applicants pleaded guilty to the charges set out in the following tables and, on 21 July 2017, they were sentenced as set out in those tables.[1]
[1]DPP v Nawar; DPP v Turkozu [2017] VCC 1015 (‘Sentencing remarks’).
DANIEL NAWAR Charge Offence Maximum Sentence Cumulation 1 Trafficking in a drug of dependence [Drugs, Poisons and Controlled Substances Act 1981 s 71AC] 15 years 3 years Base 3 Recklessly causing injury [Crimes Act 1958 s 18] 5 years 2 years 1 year 4 Possession of a firearm while a prohibited person [Firearms Act 1996 s 5(1)] 10 years 1 year 6 months Related Summary Charges 14 Committing an indictable offence while on bail [Bail Act 1977 s 30B] 3 months 3 months Nil 16 Possession of cartridge ammunition without a permit [Firearms Act 1996 s 124(1)] 40 penalty units $1,000 fine - Total Effective Sentence: 4 years, 6 months Non-Parole Period: 3 years Pre-Sentence Detention Declaration: 531 days Section 6AAA Statement: 5 years, 6 months
METIN TURKOZU Charge Offence Maximum Sentence Cumulation 1 Trafficking in a drug of dependence 15 years 3 years Base 2 Recklessly causing injury 5 years 2 years 1 year Total Effective Sentence: 4 years Non-Parole Period: 2 years, 4 months Pre-Sentence Detention Declaration: 213 days Section 6AAA Statement: 5 years
In the case of Nawar, in addition to the plea, the judge heard an appeal against an aggregate sentence of 9 months’ imprisonment imposed by the Magistrates’ Court on unrelated burglary, theft and recklessly causing injury offences which were committed in November 2015. The judge dismissed the appeal and affirmed the aggregate sentence. He ordered that 5 months of the aggregate sentence be served cumulatively on the sentence of 4 years and 6 months’ imprisonment imposed for the current offences, making an overall total effective sentence of 4 years and 11 months’ imprisonment.
Nawar seeks leave to appeal against sentence on the ground that the sentence imposed for the trafficking charge and the total effective…
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- AGLC
- Daniel Nawar v The Queen [2018] VSCA 6
- Case
- [2018] VSCA 6
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the appropriate sentence for the trafficking charge, given the Crown's concession and the circumstances of the case. The court had to determine whether the original sentence was indeed manifestly excessive and, if so, what an appropriate sentence would be. The court also considered the principles of sentencing, including the gravity of the offence and the need for deterrence and rehabilitation.
The High Court found that the original sentence was indeed manifestly excessive, given the small quantity of the drug trafficked and the Crown's concession. The court resentenced Nawar to 2 years' imprisonment for the trafficking charge, reducing the original sentence by one-third. The court emphasised the importance of proportionality in sentencing and the need to consider all relevant factors, including the plea of guilty and the circumstances of the offence. The court also noted the significance of the Crown's concession in guiding the appropriate sentence.
The final orders of the court were that the appeals were allowed, and Nawar was resentenced to 2 years' imprisonment for the trafficking charge. The sentences for the other charges were not altered. The court's decision provided clarity on the appropriate sentence for small-scale drug trafficking offences and the role of the Crown's concession in sentencing.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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