SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2020 0171
| KEANE JONES | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGE: | PRIEST and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 4 May 2021 |
| DATE OF JUDGMENT: | 6 May 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 114 |
| JUDGMENT APPEALED FROM: | [2020] VCC 549 (Judge Parrish) |
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CRIMINAL LAW — Appeal — Sentence — Application for extension of time — Cultivating a commercial quantity of cannabis and associated offences — Sentence of three years and two months’ imprisonment with one year and ten months non-parole — Whether applicant had impaired mental functioning — Whether exceptions in ss 5(2H)(c)(i) and (e) of the Sentencing Act 1991 applied — Whether drug addiction a mitigating factor — Whether sentence manifestly excessive — Application for extension of time refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant: | Ms C Boston | James Dowsley & Associates |
| For the Respondent: | Mr J Dickie | Ms A Hogan, Solicitor for Public Prosecutions |
PRIEST JA
T FORREST JA:
Introduction
On 24 January 2020, the applicant pleaded guilty before a judge in the County Court — accepted by the prosecution to be an ‘early plea’ — to cultivation of a narcotic plant, Cannabis L, in a commercial quantity;[1] trafficking in a drug of dependence, Cannabis L;[2] and possessing a drug of dependence, methylamphetamine, heroin, oxycodone and buprenorphine;[3] and to the related summary offence of possessing a Schedule 4 poison, Seroquel.[4]
[1]Drugs, Poisons and Controlled Substances Act 1981, s 72A. The maximum penalty is 25 years’ imprisonment.
[2]Drugs, Poisons and Controlled Substances Act 1981, s 71AC(1). The maximum penalty is 15 years’ imprisonment.
[3]Drugs, Poisons and Controlled Substances Act 1981, s 73(1)(b). The maximum penalty is one year’s imprisonment where the court is satisfied on the balance of probabilities that the offence was not committed for any purpose relating to trafficking.
[4]Drugs, Poisons and Controlled Substances Act 1981, s 36B. The maximum penalty is a fine of 10 penalty units.
Following a plea in mitigation conducted over two days, on 30 April 2020 the judge sentenced the applicant to a total effective sentence of three years and two months’ imprisonment, with a non-parole period of one year and 10 months, in accordance with the following table:
Charge Offence Sentence Cumulation 1 Cultivating a narcotic plant in a commercial quantity 2 years and 10 months Base 2 Trafficking a drug of dependence 6 months 3 months 3 Possessing a drug of dependence 2 months 1 month Summary Possessing a Schedule 4 poison $250 fine Total effective sentence: 3 years and 2 months’ imprisonment Non-parole period: 1 year and 10 months Section 6AAA declaration: 4 years and 6 months’ imprisonment, 3 years and 2 months non-parole Pre-sentence detention: 7 days Other orders: Forfeiture and disposal orders
The applicant wishes to seek leave to appeal against his sentence on a number of proposed grounds. Since his notice of application for leave to appeal against sentence was filed some three months…
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- AGLC
- Jones v The Queen [2021] VSCA 114
- Case
- [2021] VSCA 114
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the appellant’s impaired mental functioning and drug addiction were relevant exceptions that could justify an extension of time to appeal. Additionally, the court needed to assess whether these factors were mitigating circumstances that should have been considered during sentencing and whether the sentence was manifestly excessive. The legal issues included the interpretation of the relevant sections of the Sentencing Act and the assessment of the overall fairness and proportionality of the sentence.
The court found that the appellant's impaired mental functioning and drug addiction did not constitute relevant exceptions under sections 5(2H)(c)(i) and (e) of the Sentencing Act 1991. The court held that while these factors may have been mitigating, they did not warrant an extension of time to appeal. The court further concluded that the sentence was not manifestly excessive, taking into account the seriousness of the offences and the need for general deterrence. Therefore, the application for an extension of time was refused.
In light of the above, the court dismissed the appeal and upheld the original sentence imposed. The decision underscored the importance of considering the relevant statutory provisions and the principles of sentencing in appeals related to sentence extensions.
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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