Donnes v The Queen

Case [2022] VSCA 132


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2021 0165
CHRISTOPHER DONNES Applicant
v
THE QUEEN Respondent

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JUDGE: WALKER JA
WHERE HELD: Melbourne
DATE OF HEARING: 27 May 2022 
DATE OF JUDGMENT: 6 July 2022
MEDIUM NEUTRAL CITATION: [2022] VSCA 132
JUDGMENT APPEALED FROM: [2021] VCC 1662 (Judge Dean)

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CRIMINAL LAW – Appeal – Sentence – Applicant pleaded guilty to trafficking and possessing various drugs – Total effective sentence of 5 years’ imprisonment – Majority of charges arose from warrants executed on same day across two properties – Whether totality infringed – Whether manifestly excessive – Judge plainly aware of totality – Extensive criminal history – Sentence comfortably within range – No error identified – Leave to appeal refused.

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Counsel

Applicant: Mr J O’Connor
Respondent: Ms DI Piekusis QC

Solicitors

Applicant: Balmer & Associates
Respondent: Ms A Hogan, Solicitor for Public Prosecutions

WALKER JA:

  1. On 15 October 2021 the applicant pleaded guilty to three charges of trafficking in a drug of dependence, four charges of possessing a drug of dependence, one charge of knowingly possessing counterfeit money, and related summary offences of dealing with property reasonably suspected of being the proceeds of crime, knowingly possessing identification information of another person, and unauthorised possession of a Schedule 4 poison. He was sentenced as follows:

Charge

Offence Maximum Sentence Cumulation

1

Traffick in a drug of dependence[1] (Heroin) 15 years’ imprisonment and/or fine of 1800 penalty units 30 months’ imprisonment 6 months

2

Traffick in a drug of dependence (1,4-Butanediol) 15 years’ imprisonment and/or fine of 1800 penalty units 24 months’ imprisonment 6 months

3

Traffick in a drug of dependence (Methylamphetamine)

15 years’ imprisonment and/or fine of
1800 penalty units

39 months’ imprisonment Base

4

Possess a drug of dependence[2] (Cocaine) 5 years’ imprisonment and/or fine of 600 penalty units 6 months’ imprisonment 3 months

5

Possess a drug of dependence (MDMA) 5 years’ imprisonment and/or fine of 600 penalty units 6 months’ imprisonment 3 months

6

Possess a drug of dependence (Cannabis) 5 years’ imprisonment and/or fine of 600 penalty units 1 month imprisonment Nil

7

Possess a drug of dependence[3] 5 years’ imprisonment and/or fine of 600 penalty units 3 months’ imprisonment 1 month

8

Knowingly possess counterfeit money[4] 10 years’ imprisonment and/or fine of 600 penalty units Fine in the sum of $500.00 Nil
Related Summary Offences
19 Deal with property suspected of being proceeds of crime[5] 2 years’ imprisonment and/or fine of 250 penalty units 3 months’ imprisonment 1 month
34 Knowingly possess identification information (that is not identification information that relates to the person)[6] 3 years’ imprisonment and/or fine of 360 penalty units 1 month imprisonment 1 month
36 Unauthorised possession of a Schedule 4 poison[7] Fine of 10 penalty units Fine in the sum of $500.00 Nil
Total Effective Sentence: 5 years’ imprisonment
Non-Parole Period:  3 years 6 months’ imprisonment
Section 6AAA Statement:  7 years’ imprisonment with a non-parole period of 5 years’ imprisonment
Other relevant orders:  Forfeiture and disposal orders…

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Donnes v The Queen [2022] VSCA 132
Case
[2022] VSCA 132
Decision Date

CaseChat Overview and Summary

The appellant, Donnes, appealed against the sentence imposed following his guilty plea to drug trafficking and possession charges. The case was heard in the High Court of Australia. Donnes was found in possession of a substantial quantity of drugs, leading to the execution of warrants at two properties on the same day. The appellant argued that the totality principle was infringed and that the sentence was manifestly excessive.

The court was required to determine whether the sentence imposed by the trial judge was within the range of reasonable discretion and whether it adhered to the principles of totality and proportionality. The court examined the individual sentences, orders for cumulation, and the total effective sentence of 5 years’ imprisonment. It also considered the appellant’s extensive criminal history.

The High Court held that the sentence was comfortably within the range open to the trial judge and that the non-parole period of 3 years and 6 months was not manifestly excessive, being 70 per cent of the total effective sentence. The court found that the judge was plainly aware of the totality principle and that there was no error in the sentencing process. Consequently, the court refused leave to appeal.

No further orders were made by the court.

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

For completeness, I record that I do not regard the non-parole period of 3 years and 6 months as manifestly excessive. It is 70 per cent of the total effective sentence, which is comfortably within the range open to the sentencing judge.Conclusion on ground 2 In my opinion the individual sentences, orders for cumulation and total effective sentence were open to the trial judge in the reasonable exercise of his discretion and were not manifestly excessive. Ground 2 thus has no prospects of success. For the above reasons, I would refuse leave to appeal.---

Ratio Decidendi

Legal Principle Established

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