Deakin v Tasmania

Case [2016] TASCCA 19


[2016] TASCCA 19

COURT:        SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)

CITATION:                 Deakin v Tasmania [2016] TASCCA 19

PARTIES:  DEAKIN, Kevin Anthony
  v
  STATE OF TASMANIA

FILE NO:  891/2016
DELIVERED ON:  8 November 2016
DELIVERED AT:  Hobart
HEARING DATE:  6 October 2016
JUDGMENT OF:  Tennent, Wood and Pearce JJ

CATCHWORDS:

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Trafficking in a controlled substance – Regularly importing methylamphetamine for eight months - Sentence of 18 months' imprisonment, six months suspended – No provision for parole – No error demonstrated.

Sentencing Act 1997 (Tas), s 17.
Corrections Regulations 2008 (Tas), reg 22(3).
Aust Dig Criminal Law [3521]

REPRESENTATION:

Counsel:
             Appellant:  In person
             Respondent:  J Wade
Solicitors:
             Respondent:  Director of Public Prosecutions

Judgment Number:  [2016] TASCCA 19
Number of paragraphs:  52

Serial No 19/2016

File No 891/2016

KEVIN DEAKIN v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

TENNENT J
WOOD J
PEARCE J
8 November 2016

Order of the Court

Appeal dismissed.

Serial No 19/2016

File No 891/2016

KEVIN DEAKIN v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

TENNENT J
8 November 2016

  1. I have had the benefit of reading in draft form the reasons of Wood J. I agree with those reasons and would also dismiss the appeal.

File No 891/2016

KEVIN ANTHONY DEAKIN v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

WOOD J
8 November 2016

  1. This is an appeal brought by Kevin Anthony Deakin against a sentence he received for trafficking in a controlled substance, methylamphetamine, between 1 October 2014 and 25 June 2015.  He pleaded guilty before Porter J, and on 24 March 2016 was sentenced by his Honour to 18 months' imprisonment, with the execution of six months suspended on condition that he was not to commit an offence punishable by imprisonment for a period of two years following his release.  In addition, a probation order was imposed for 12 months.  The appellant appeals the sentence on the sole ground that the sentence was manifestly excessive. 

The facts of offending

  1. On 26 June 2015 police officers became aware of the appellant's offending when they received a report of a suspicious parcel from Australia Post.  The parcel was addressed to the appellant.  It was seized, and inside police found a vacuum sealed bag containing 83.1 grams of crystal methylamphetamine (Ice). The drug was replaced with an inert substance and delivered to the appellant's address.  Within a few minutes police attended and searched the appellant's home and found the parcel, unopened.  The search also yielded other drug associated items including snap lock bags, one of which contained .2 grams of methylamphetamine, a used smoking device and two sets of electronic scales.

  2. The appellant was interviewed by police and admitted he was a regular user of Ice and that he had purchased the Ice located in the snap lock…

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Details
AGLC
Deakin v Tasmania [2016] TASCCA 19
Case
[2016] TASCCA 19
Decision Date

CaseChat Overview and Summary

The appeal concerned the sentence imposed on the respondent, who had been convicted of trafficking in methylamphetamine. The respondent had been importing the drug regularly over an eight-month period. The sentencing judge imposed a term of 18 months' imprisonment, with six months suspended, and made no provision for parole. The appeal was heard by Tennent, Wood and Pearce JJ of the Supreme Court of Tasmania.

The primary legal issue before the Full Court was whether the sentence imposed by the sentencing judge was manifestly excessive or inadequate, thereby justifying interference on appeal. The appellant argued that the sentence did not adequately reflect the seriousness of the offending conduct.

The Full Court considered the sentencing judge's reasons and found no error in the application of sentencing principles. The court noted that the sentencing judge had taken into account relevant factors, including the duration and regularity of the trafficking, the nature of the drug, and the respondent's personal circumstances. The court concluded that the sentence was not demonstrably outside the range of a sound and just exercise of the sentencing discretion.

Accordingly, the appeal was dismissed.

Orders

Orders of the court

Appeal dismissed.

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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