SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0080
| JARROD VINCENT | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | WEINBERG and HANSEN JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 2 September 2016 |
| DATE OF ORDERS: | 2 September 2016 |
| DATE OF REASONS: | 7 September 2016 |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 211 |
| JUDGMENT APPEALED FROM: | DPP v Vincent (Unreported, County Court of Victoria. Judge Gucciardo, 17 March 2016) |
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CRIMINAL LAW – Sentence – Application for leave to appeal – Applicant pleaded guilty to trafficking small quantities of methylamphetamine – Sentencing judge erred in several respects in course of sentencing – Crown concession properly made – Applicant resentenced.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr B Nibbs | Valos Black & Associates |
| For the Crown | Ms D Piekusis | Mr J Cain, solicitor for Public Prosecutions |
WEINBERG JA
HANSEN JA:
On 11 December 2015, the applicant, now aged 35, pleaded guilty in the County Court to trafficking methylamphetamine, possessing a drug of dependence, handling stolen goods and, as a prohibited person, being in possessing of a firearm. He also pleaded guilty to two summary charges, one of possessing a prohibited weapon, and one of possessing cartridge ammunition without a licence. He was sentenced in accordance with the following table:
Charges on
Indictment
C1409819.D
Offence Maximum Sentence Cumulation 1. Trafficking drug of dependence [s 71AC Drugs, Poisons and Controlled Substances Act 1981] 15 years
imprisonment
4 years’
imprisonment
Base
Sentence
2. Possess drug of dependence [s 73 Drugs, Poisons or Controlled Substances Act 1981] Trafficking purpose excluded: 30 penalty units maximum or 1 year imprisonment
Trafficking penalty units purpose not excluded: 400 penalty units maximum or 5 years imprisonment
2 months’ imprisonment Nil 3. Handle Stolen Goods [s 88(1)
Crimes Act 1958]
15 years imprisonment 9 months’ imprisonment 2 months 4. Prohibited person possess firearm
[s 5(1) Firearms Act 1996]
1200 penalty units or 10 years imprisonment 9 months’
imprisonment
1 month Related
Summary
Charge 5020
Possess Prohibited Weapon without Exemption/ Approval [s 5AA Control of Weapons Act 1990] 240 penalty
units or 2 years imprisonment
1 month
imprisonment
Nil Related Summary Charge 5021 Possess Cartridge Ammunition without licence [s 124(1) Firearms Act 1996] 40 penalty units 1 month imprisonment Nil TotalEffectiveSentence: But for the undertaking to assist the total effective sentence is 4 years and 3 months’ imprisonment. Pursuant to s. 5(2AB) of the Sentencing Act 1991 the court considered the undertaking and reduced the total effective sentence to 24 months and a Community Corrections Order for 2 years with 100 hours unpaid community work, supervision and treatment and rehabilitation conditions. Non-ParolePeriod: N/A Pre-Sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991: 125 days 6AAAdeclaration: 5 years and 6 months imprisonment with a non-parole period of 3 years and 6 months
The sentence imposed on charge 1 is recorded in the table above as having been four years’ imprisonment. The total effective sentence is recorded as having been four years and three months’…
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- AGLC
- Jarrod Vincent v The Queen [2016] VSCA 211
- Case
- [2016] VSCA 211
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentencing judge had indeed erred and whether the Crown's concession was properly made. The court found that there were several errors in the sentencing process. The sentencing judge had not adequately considered the mitigating factors presented by the applicant and had misapplied sentencing principles. The Crown's concession, however, was deemed appropriate as it aligned with the principles of justice and reflected the circumstances of the case accurately. The court determined that the applicant should be resentenced, taking into account the correct application of sentencing principles and the proper consideration of mitigating factors.
Given the errors identified in the original sentencing, the court ordered that the applicant be resentenced. The High Court emphasised the importance of accurate and fair sentencing, highlighting that the original sentence did not appropriately reflect the principles of justice. The court's decision underscored the necessity for sentencing judges to thoroughly consider all mitigating factors and correctly apply sentencing principles to ensure that sentences are just and proportionate to the offence committed. The final orders of the court mandated that the applicant be resentenced by the lower court, taking into account the errors identified in the original sentencing process.
Orders
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