SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0043
| SLOBODAN DORDEVIC | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | WEINBERG and PRIEST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 13 July 2016 |
| DATE OF JUDGMENT: | 18 July 2016 |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 166 |
| JUDGMENT APPEALED FROM: | DPP v Dordevic (Unreported, County Court of Victoria, Judge Wilmoth, 27 November 2015) |
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CRIMINAL LAW —Appeal — Sentence —Trafficking in methylamphetamine and other offences — Appellant with low IQ — Whether judge failed to apply Verdins principles —Whether sentence manifestly excessive as a result — Sentence of 23 months’ imprisonment with two year CCO — Whether error in failing to impose non-parole period — Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr A J Patton | Valos Black & Associates |
| For the Respondent | Mr B F Kissane QC | Mr John Cain, Solicitor for Public Prosecutions |
WEINBERG JA
PRIEST JA:
Sentences and grounds of appeal
Pursuant to leave granted by Maxwell P on 27 May 2016, the appellant appeals against a sentence imposed in the County Court on 27 November 2015 on three grounds:
1. The total effective sentence imposed was manifestly excessive in that the sentencing judge failed to impose sentences in accordance with the principles in Verdins.
1A. The sentencing judge erred in failing to consider the Verdin’s (sic) principles raised in the written plea submissions which had been filed and relied upon by Counsel for the applicant during the oral plea hearing, other than Verdin’s (sic) principle 1;
—the sentencing judge erred in considering only the issue of moral culpability in applying the Verdin’s (sic) principles;
—the sentencing judge erred in failing to address principles of general and specific deterrence and the question of whether prison would be more burdensome for the applicant in accordance with the principles in Verdin’s (sic) case.
2. The Sentencing Judge erred in failing to impose a minimum non parole period in all the circumstances.
The appellant was sentenced according to the following table:
Charge Offence Sentence Cumulation 1 Trafficking in a drug of dependence[1] (methylamphetamine) 18 months Base 2 Trafficking in a drug of dependence (cocaine) 15 months 2 months 3 Prohibited person possessing a firearm[2] 9 months 1 month 4 Prohibited person possessing a firearm 9 months - 5 Prohibited person possessing an imitation firearm[3] 3 months - [1]Drugs, Poisons and Controlled Substances Act 1981, s 71AC. The maximum penalty is 15 years’ imprisonment.
[2]Firearms Act 1996, s 5(1). The maximum penalty is 10 years’ imprisonment (or 1200 penalty units).
[3]Control of Weapons Act 1990, s 5AB(2). The maximum penalty is 10 years’ imprisonment (or 1200 penalty units).
| Charge | Offence | Sentence | Cumulation | |
| 6 | Store firearm in an insecure manner whilst unlicensed[4] | 4 months | - | |
| 7 | Knowingly possess counterfeit money[5] | 1 month | - | |
| Summary offences | ||||
| 9 | Possess prohibited weapons without exemption or approval[6] | 6 months | - | |
| 10 | Deal with property suspected of being proceeds of crime[7] | 6 months | 1 month | |
| 12 | Contravene personal safety intervention… | |||
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- AGLC
- Dordevic v The Queen [2016] VSCA 166
- Case
- [2016] VSCA 166
- Decision Date
CaseChat Overview and Summary
The court examined the principles laid out in Verdins, which require that the sentence of a person with impaired cognitive functioning be appropriately adjusted. The High Court found that the trial judge had considered Dordevic's intellectual impairment and its impact on his offending behaviour. The court concluded that the judge had appropriately applied the Verdins principles and that the sentence of 23 months' imprisonment with a two-year community correction order was not manifestly excessive. The appeal was dismissed, with the court affirming the original sentence. The High Court found no error in the judge's decision not to impose a non-parole period, given the specific circumstances of the case.
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