SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2019 0145
| EFKAN DJEMAL | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | NIALL and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 11 February 2020 |
| DATE OF JUDGMENT: | 19 February 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 25 |
| JUDGMENT APPEALED FROM: | [2019] VCC 966 (Judge Coish) |
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CRIMINAL APPEAL – Sentence – Possession of equipment for trafficking a drug of dependence – Possession of small amounts of drugs and precursor chemicals – Firearms offences – Possession of a traffickable quantity of unregistered firearms – Whether judge misunderstood gravity of offending conduct – Whether sentence manifestly excessive –Ground not reasonably arguable – Application for leave to appeal refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant: | Mr C M Terry | Marcevski Lawyers |
| For the Respondent: | Ms G A Coghlan | Ms A Hogan, Solicitor for Public Prosecutions |
NIALL JA
WEINBERG JA:
Introduction
The applicant pleaded guilty to seven indictable offences and eight related summary offences that relate to three broad categories of offending. First, possession of equipment for trafficking a drug of dependence. Second, possession of relatively small amounts of various drugs or precursor chemicals, being MDA, MDMA, methylamphetamine, cannabis, pseudoephedrine and ephedrine. Third, possession of a traffickable quantity of unregistered firearms and possession of other controlled or prohibited weapons.
Following a plea of guilty, on which the applicant accepted that a period of imprisonment was open to the sentencing judge, the applicant was sentenced as follows:
Charge on Indictment J11373648
Offence
Maximum
Sentence
Cumulation
1. Possession of substance, material, document or equipment for trafficking a drug of dependence
(s 71A of the Drugs, Poisons and Controlled Substances Act 1981)10 years 24 months Base 2. Possession of a drug of dependence
(s 73 of the Drugs, Poisons and Controlled Substances Act 1981)
5 years / 1 year non-trafficking purpose 2 months 1 month 3. Possession of a drug of dependence
(s 73 of the Drugs, Poisons and Controlled Substances Act 1981)
5 years / 1 year non-trafficking purpose 14 days — 4. Possession of a drug of dependence
(s 73 of the Drugs, Poisons and Controlled Substances Act 1981)
5 penalty units Fined $300 — 5. Possession of a drug of dependence
(s 73 of the Drugs, Poisons and Controlled Substances Act 1981)
5 years / 1 year non-trafficking purpose 4 months 2 months 6. Possession of a traffickable quantity of unregistered firearms
(s 7C of the Firearms Act 1996)
1200 penalty units or 10 years 10 months 5 months 7. Non-prohibited person possess unregistered paintball marker
(s 6A(4) of the Firearms Act 1996)
120 penalty units or 2 years 3 months 1 month Related Summary Offences 5. Possess prohibited weapon without exemption or approval — taser
(s 5AA of the Control of Weapons Act 1990)
240 penalty units or 2 years’ imprisonment 2 months 1 month 6. Store unauthorised explosive — smoke grenades
(s 54(5) of the Dangerous Goods Act 1986)
100 penalty units
Fined…
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- AGLC
- Djemal v The Queen [2020] VSCA 25
- Case
- [2020] VSCA 25
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the judge had misunderstood the gravity of Djemal's offending conduct, and whether the sentence was manifestly excessive. The court was also required to determine if the grounds of appeal were reasonably arguable and whether leave to appeal should be granted.
The court found that the judge had not misunderstood the gravity of Djemal's offending conduct, and that the sentence was not manifestly excessive. The court held that the grounds of appeal were not reasonably arguable, and therefore, the application for leave to appeal was refused. The court found that the sentence was within the range of sentences that could be imposed for the offences committed, and that the judge had properly considered all relevant factors in imposing the sentence. The court held that the appeal was groundless and that leave to appeal should not be granted.
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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