Joseph Reivers and Applicant v The Queen , , Antonio Carnovale , the Queen , , George Georgeallis and the Queen

[2010] VSCA 159

SUPREME COURT OF VICTORIA

COURT OF APPEAL

JOSEPH REIVERS	S APCR 2008 0709
	Applicant
v
THE QUEEN	Respondent
S APCR 2009 0711
ANTONIO CARNOVALE	Applicant
v
THE QUEEN	Respondent
S APCR 2008 0715
GEORGE GEORGEALLIS	Applicant
v
THE QUEEN	Respondent

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JUDGES:	REDLICH and MANDIE JJA and COGHLAN AJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	30 November 2009
DATE OF JUDGMENT:	24 June 2010
MEDIUM NEUTRAL CITATION:	[2010] VSCA 159
JUDGMENT APPEALED FROM:	R v Joseph Reivers (Unreported, County Court of Victoria, Judge Barnett, 23 June 2008); R v Antonio CarnovaleandR v George Georgeallis (Unreported, County Court of Victoria, Judge Barnett, 25 June 2008)

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Criminal Law – Sentencing – Co-offenders convicted of traffick in not less than commercial quantity of cannabis – Impact of delay – Application of R v Verdins – Whether sentences imposed manifestly excessive – Parity between co-offenders – Whether medical evidence ‘fresh evidence’ – Applications for leave to appeal against sentence refused.

APPEARANCES:	Counsel	Solicitors
For the Applicant Reivers For the Applicant Carnovale For the Applicant Georgeallis	Mr L C Carter Mr D Grace QC Mr O P Holdenson QC	Robert Stary & Associates Patrick W Dwyer Theo Magazis & Associates
For the Crown	Mr T. Gyorffy	Mr C Hyland, Solicitor for Public Prosecutions

REDLICH JA:

1. I agree with Coghlan AJA.

MANDIE JA:

1. I also agree with Coghlan AJA.

COGHLAN AJA:

1. The applicants Joseph Reivers, Antonio Carnovale and George Georgeallis each seek leave to appeal against sentences imposed in the County Court. 

1. They were each found guilty of identical counts of trafficking in not less than a commercial quantity of cannabis between 24 June 2005 and 11 November 2005.  They had been presented separately and were sentenced separately as follows:

Applicant	Date of Sentence	Offence	Sentence
Joseph Reivers	23.06.08	Traffick cannabis	4 years with a non-parole period of 2 years
Antonio Carnovale	25.06.08	Traffick cannabis	5 years with a non‑parole period of 2 years 6 months
George Georgeallis	25.06.08	Traffick cannabis	5 years with a non‑parole period of 2 years 6 months

1. In relation to the applicants Carnovale and Georgeallis, confiscation and pecuniary orders were made.

1. The case against each of the applicants arose from their involvement with a number of other accused in the cultivation and distribution of cannabis.

Joseph Reivers

1. The applicant Reivers cultivated a large number of cannabis plants.  The plants were produced by cloning other cannabis plants and growing them utilising a

hydroponic system, set up in a bedroom of his house.  When the applicant’s house was raided by police on 11 November 2005, officers found 673 small plants, 4 large ‘mother’ plants which weighed 7.95kgs (total or each?), 23g of dried cannabis, and a bong.  Additional hydroponic equipment was also recovered. 

1. The applicant’s practice was to sell the plants to his uncle, Paul Reivers (a co-accused), when they reached a height of 20 to 30 cm, who in turn on-sold them to others.  The plants were sold to the end user for $20 to $30 each and the…