SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2013 0121 | |
| GEORGE ERNEST LIPP | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES | REDLICH JA and LASRY AJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 1 November 2013 |
| DATE OF JUDGMENT | 18 December 2013 |
| MEDIUM NEUTRAL CITATION | [2013] VSCA 384 |
| JUDGMENT APPEALED FROM | Director of Public Prosecutions v Lipp (Unreported, County Court of Victoria, 22 February 2013, Judge Lacava) |
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CRIMINAL LAW – Sentence – Prohibited person in possession of an unregistered firearm – Whether sentence for possession in furtherance of criminal activity excessive – Possession of substance, material or equipment for trafficking in a drug of dependence contrary to s 71A of the Drugs, Poisons and Controlled Substances Act 1981 – Possession of a precursor chemical contrary to s 71D – Whether conviction on s 71D offence constituted double punishment for possession on s 71A offence – Pearce v The Queen (1998) 194 CLR 610; Lecornu v The Queen (2012) 222 A Crim R 73 applied – Leave granted – Appeal dismissed.
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| Appearances: | Counsel | Solicitors |
| For the Applicant | Mr T Kassimatis | Valos Black & Associates |
| For the Crown | Mr P Doyle | Mr C Hyland, Solicitor for Public Prosecutions |
REDLICH JA
LASRY AJA:
The applicant pleaded guilty on 29 January 2013 to one charge of possessing, whilst being a prohibited person, an unregistered firearm (charge 1).[1] Following a trial the applicant was convicted on 22 February 2013 on a further four charges of being a prohibited person in possession of an unregistered firearm (charges 2–5);[2] one charge of possessing explosives (charge 6);[3] one charge of possessing substances, materials or equipment for trafficking in a drug of dependence (charge 7);[4] and two charges of possessing a precursor chemical (charges 8 and 9).[5] He was sentenced to a total effective sentence of eight years and six months’ imprisonment and a non-parole period of five years and eight months was fixed.
[1]Section 5(1A) of the Firearms Act 1996.
[2]Ibid.
[3]Section 317(4) of the Crimes Act 1958.
[4]Section 71A of the Drugs, Poisons and Controlled Substances Act 1981.
[5]Section 71D of the Drugs, Poisons and Controlled Substances Act 1981.
On 4 July 2013 the applicant sought an extension of time to file and serve a notice of application for leave to appeal against his sentence. That application having been refused by the Registrar, he seeks to have that application determined by the Court of Appeal. As can be seen, the delay was a substantial one. Although the applicant almost immediately after sentence instructed his solicitors to commence an appeal, as Redlich JA said in Bowling v The Queen ‘the time limits set out in the rules of Court are not to be treated as some empty formality’.[6] The new regime does not permit delay because the applicant's legal practitioners cannot give the matter the immediate attention required. Although the material did not demonstrate ‘special and substantial reasons to extend the time’,[7] for the reasons that follow, we consider that one of…
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- Lipp v The Queen [2013] VSCA 384
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- [2013] VSCA 384
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