Haddara v The Queen

Case [2016] VSCA 168


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2015 0204

ZIAD HADDARA Applicant
v
THE QUEEN Respondent

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JUDGES: REDLICH, PRIEST and BEACH JJA
WHERE HELD: MELBOURNE
DATE OF HEARING: 10 June 2016
DATE OF JUDGMENT: 18 July 2016
MEDIUM NEUTRAL CITATION: [2016] VSCA 168
JUDGMENT APPEALED FROM: [2015] VCC (Judge Quin)

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CRIMINAL LAW – Sentence – Trafficking in methylamphetamine (‘ice’) – Sentence of two years’ imprisonment – Whether sentencing judge took into account well-known harmful consequences of ice – Harmful qualities of drug not a relevant sentencing consideration – Matter for legislature whether harmful consequences of ice should be addressed – Sentencing error established – Whether applicant’s psychological condition given insufficient weight – Sentence not manifestly excessive – No different sentence should be imposed – Appeal dismissed – R v Pidoto (2006) 14 VR 269; Adams v The Queen (2008) 234 CLR 143 applied.

CRIMINAL LAW – Sentence – Trafficking in methylamphetamine – Prevalence of offence – Common knowledge as to increased prevalence of offence – General deterrence to be given greater emphasis by gradual increase in sentences – R v Downie and Dandy [1998] 2 VR 517; Ashdown v The Queen (2011) 37 VR 341 applied.

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APPEARANCES: Counsel Solicitors
For the Applicant Mr D Gurvich QC with
Mr S Grant
Ellinghaus & Lindner
For the Respondent Mr J Champion SC, DPP with
Mr C Carr
Mr J Cain, Solicitor for Public Prosecutions

REDLICH JA
PRIEST JA
BEACH JA:

Introduction

  1. On 10 March 2015, the applicant pleaded guilty in the County Court to two charges of trafficking a drug of dependence,[1] the drugs being methylamphetamine (charge 1) and cannabis (charge 2).  He also pleaded guilty to a charge of obtaining property by deception[2] (charge 3), and to two summary charges of dealing with property suspected of being the proceeds of crime[3] and possessing a prohibited weapon.[4]

    [1]Drugs, Poisons and Controlled Substances Act 1981 s 71AC. The maximum penalty is 15 years’ imprisonment.

    [2]Crimes Act 1958 s 81(1). The maximum penalty is 10 years’ imprisonment.

    [3]Crimes Act 1958 s 195. The maximum penalty is two years’ imprisonment.

    [4]Control of Weapons Act 1990 s 5AA. The maximum penalty is two years’ imprisonment (or a fine of 240 penalty units).

  1. Charge 1, trafficking in methylamphetamine — which is commonly and colloquially called ‘ice’ — related to a period between 18 September 2013 and 18 March 2014;[5] and charge 2, trafficking in cannabis, related to a single day, 19 November 2013.  The charge of obtaining property by deception, charge 3, was committed on 6 December 2013.  Summary charge 6, dealing in property suspected of being the proceeds of a crime, relates to two laptop computers and six iPads found in the applicant’s possession on 18 March 2014; and summary charge 7, possessing a prohibited weapon, relates to an extendable baton and a set of nunchacku, found in his possession on the same date.

    [5]Charge 1 was a ‘Giretti’ count:  R v Giretti (1986) 24…

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Haddara v The Queen [2016] VSCA 168
Case
[2016] VSCA 168
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CaseChat Overview and Summary

In the case of Haddara v The Queen, the applicant, Haddara, appealed against his sentence for trafficking in methylamphetamine, commonly referred to as "ice." The case was heard by the Court of Appeal, which considered whether the primary judge had adequately taken into account the harmful consequences of ice in sentencing and whether his psychological condition was given sufficient weight. The appeal was ultimately dismissed.

The primary legal issues for the court to decide were whether the sentencing judge had failed to adequately consider the well-known harmful consequences of the drug ice and whether the applicant's psychological condition had been given insufficient weight in determining the sentence. The court also needed to consider whether the sentence was manifestly excessive and if it should be altered.

The court held that while the harmful consequences of ice are widely known, they are not a relevant consideration for sentencing, as it is for the legislature to address such matters. The court noted that the sentence was not manifestly excessive and that the applicant's psychological condition, although a relevant consideration, did not warrant a different sentence. The court further held that general deterrence should be given greater emphasis by gradually increasing sentences for this type of offence. The appeal was dismissed, and the original sentence of two years’ imprisonment was upheld.

The final orders of the court were to dismiss the applicant's appeal and to affirm the original sentence. The court found that no error in the primary judge's sentencing process warranted a different sentence. The court also noted the importance of general deterrence in the sentencing of drug trafficking offences.

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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