Hafner v The Queen

[2012] VSCA 190

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2011 0294
DARREN JOHN HAFNER	Appellant
v
THE QUEEN	Respondent

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JUDGES:	BUCHANAN, BONGIORNO and OSBORN JJA
WHERE HELD:	MELBOURNE
DATES OF HEARING:	16 August 2012
DATE OF JUDGMENT/ORDER:	16 August 2012
MEDIUM NEUTRAL CITATION:	[2012] VSCA 190
JUDGMENT APPEALED FROM:	Unreported (County Court of Victoria, Judge Gaynor, Date of Sentence 3 November 2011)

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CRIMINAL LAW – Sentence – Drug offences, conspiracy to defraud and passport offences – Parity – Different sentences justified by differences in roles and criminal records of offenders – Non-parole period excessive – No point of principle.

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APPEARANCES:	Counsel	Solicitors
For the Appellant	Mr D A Dann	Leanne Warren & Associates
For the Crown	Mr B F Kissane	Mr C Hyland, Solicitor for Public Prosecutions

BUCHANAN JA:

1. The appellant was arraigned in the County Court on two presentments and one indictment containing one count of conspiracy to cheat and defraud, one count of trafficking in a commercial quantity of amphetamine, one count of trafficking in MDMA, one charge of conspiracy to damage an Australian travel document and one charge of conspiracy to make a false foreign passport.

1. After a plea, the appellant was sentenced to be imprisoned for a term of 5 years on the count of conspiracy to cheat and defraud, for a term of 7 years on the count of trafficking in a commercial quantity of amphetamine, for a term of 3 years on the count of trafficking in MDMA, for a term of 2 years on the charge of conspiracy to damage an Australian travel document and for a term of 2 years on the charge of conspiracy to make a false foreign passport.  With a measure of cumulation, a total effective sentence of 9 years and 6 months was produced.  A minimum term of 8 years and 6 months was fixed.

1. The facts constituting the conspiracy to defraud were that the appellant entered into an agreement with Biljana Jorgiovski, his de facto wife, Craig Wheeler, Saleh Khoder and Peter Hosri to obtain and use stolen credit card details to purchase goods.  Khoder, Wheeler and Hosri gained access to these details through their employment and supplied them to the appellant.  The appellant, in turn, used the credit card numbers to purchase goods and services, amounting to a total value of $15,769.  In addition, the appellant unsuccessfully attempted to obtain a further $12,272 worth of goods.  Over the same period, Jorgiovski was supplied with credit card numbers by the appellant, which she used to pay for goods and services. 

1. The offence of trafficking in amphetamine involved 600 grams of the drug.  The appellant was involved in arranging the purchase and on sale of the drug with the co-offenders John Sammut, Wheeler and Khoder and he was also alleged to have prepared amphetamine for use and sale.  The sentencing judge described the appellant as ‘the hub’ in the commission of the trafficking offences. 

1. The offence of trafficking in MDMA was constituted by the supply…