Dmitri Shakhanov v The Queen

Dmitri Shakhanov appealed against his sentence for attempted possession of a commercial quantity of a border controlled substance reasonably suspected of having been unlawfully imported. The appeal was heard in the High Court of Australia. The appeal was against the sentence of imprisonment of 9 years with a non-parole period of 6 years imposed by the Full Court of the Federal Court of Australia. The legal issues that the court was required to decide included whether the sentence imposed by the Full Court was manifestly excessive and whether there was a disparity in sentencing between the appellant and his co-offenders.

The court noted that the appellant was involved in the importation of a large quantity of a border controlled substance, and the sentence imposed by the Full Court was within the range of sentences that could be imposed for such an offence. However, the court also noted that the appellant's role in the offence was less significant than that of his co-offenders, and that the sentences imposed on them were significantly lower. The court found that the sentence imposed on the appellant was disproportionate when compared to the sentences imposed on his co-offenders, and that this disparity was a significant factor in determining whether the sentence was manifestly excessive. The court concluded that the sentence imposed on the appellant was manifestly excessive and granted leave to appeal.

The court ordered that the appeal be allowed, the conviction be quashed, and the matter be remitted to the Full Court of the Federal Court of Australia for re-sentencing. The court noted that the re-sentencing should take into account the disparity in sentencing between the appellant and his co-offenders, as well as any other relevant factors. The court did not specify what the appropriate sentence should be, leaving that decision to the Full Court on re-sentencing.