DPP v Jabbour

The defendant, Jabbour, appealed against his conviction and sentence for trafficking a drug of dependence in a large commercial quantity, trafficking, and possession. The appeal was heard in the Victorian Court of Appeal. Jabbour was sentenced to 12 years for trafficking in a large commercial quantity, 6 months for trafficking, and no additional custodial sentence for possession. The non-parole period was set at 7 years. The Director of Public Prosecutions (DPP) appealed the sentence, arguing it was manifestly inadequate.

The court was required to determine if the sentence and non-parole period were manifestly inadequate given the seriousness of the offence, the defendant’s prior convictions, and the mitigating factors presented. The court assessed the total effective sentence of 12 years and 6 months and the non-parole period of 7 years against the standard sentence of 16 years. The court considered Jabbour's two prior convictions for trafficking, the significant mitigating factors, and the prospects of rehabilitation.

The court found that the total effective sentence and non-parole period were within the range for the offence, despite the DPP's argument for a harsher sentence. The court held that the sentencing judge appropriately balanced the seriousness of the offence and the mitigating factors, leading to a sentence that was not manifestly inadequate. The appeal was dismissed, and the original sentence and non-parole period were upheld.