SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0177
| SAMUEL RYAN LUDWIG |
| Applicant |
| v |
| THE QUEEN |
| Respondent |
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| JUDGES: | WEINBERG and SANTAMARIA JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 26 February 2015 |
| DATE OF JUDGMENT: | 10 March 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 35 |
| JUDGMENT APPEALED FROM: | R v Ludwig [2014] VCC 997 (Judge Parsons) |
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CRIMINAL LAW – Sentence – Application for leave to appeal against sentence out of time – Multiple charges – Whether sentencing judge gave any or any proper consideration to relative youth of applicant – Manifest excess – Whether sentencing judge failed to give any or any proper consideration to relevant features of prohibited imports – Differential maximum penalties imposed by Parliament in respect of importation and possession.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T Kassimatis | David Barrese & Associates |
| For the Crown | Mr D D Gurvich | Commonwealth Director of Public Prosecutions |
WEINBERG JA
SANTAMARIA JA:
Introduction
On 5 March 2014, the applicant pleaded guilty in the County Court at Melbourne to a Commonwealth indictment containing the following charges: trafficking a marketable quantity of a controlled drug[1] (charge 1), importing a marketable quantity of a border controlled drug[2] (charges 2 and 5), importing Tier 2 goods[3] (charges 3 and 6), importing a marketable quantity of a border controlled precursor[4] (charge 4) and possession of a controlled drug[5] (charge 7). He also pleaded guilty to four uplifted summary charges.
[1]Criminal Code Act 1995 (Cth) s 302.3(1).
[2]Criminal Code Act 1995 (Cth) s 307.2(1).
[3]Customs Act 1901 (Cth) s 233BAB(5).
[4]Criminal Code Act 1995 (Cth) s 307.12(1).
[5]Criminal Code Act 1995 (Cth) s 308.1(1).
Following a plea hearing on 9 May 2014, the applicant was sentenced by the learned trial judge to be imprisoned for three years and 11 months and, after serving 30 months’ imprisonment, a Recognisance Release Order for a period of two years, according to the following table:[6]
[6]Section 19 of the Crimes Act 1914 (Cth) provides for cumulative, partly cumulative and concurrent sentences.
Charge Offence Penalty Sentence 1 Trafficking a marketable quantity of a controlled drug contrary to subsection 302.3(1) of the Criminal Code (Cth). 25 years 24 months
Head sentence, commencing 9 May 2014.
2 Import a marketable quantity of a border controlled drug contrary to subsection 307.2(1) of the Criminal Code (Cth). 25 years 15 months
Commences 18 months after the commencement of sentence on charge 1.3 Import Tier 2 goods contrary to subsection 233BAB(5) of the Customs Act 1901 (Cth). 10 years 6 months
Commences 30 months after the commencement of sentence on charge 1.4 Import a marketable quantity of a border controlled precursor contrary to subsection 307.12(1) of the Criminal Code (Cth). 15 years. 12 months
Commences 30 months after the commencement of sentence on charge 1.5 Import a marketable quantity of a border controlled drug contrary to subsection 307.2(1) of the Criminal Code (Cth). 25 years. 6 months
Commences 39 months after the commencement of sentence…
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- AGLC
- Ludwig v The Queen [2015] VSCA 35
- Case
- [2015] VSCA 35
- Decision Date
CaseChat Overview and Summary
The legal issues at the core of this case revolve around the adequacy of the sentencing process. Ludwig's primary contention was that the sentencing judge did not properly weigh his relative youth, a factor that could have resulted in a lesser sentence. Furthermore, Ludwig argued that the judge failed to adequately consider the nature and significance of the prohibited imports, which had differential maximum penalties imposed by Parliament. These arguments were framed within the context of whether the sentence imposed was manifestly excessive and if there was a failure to consider relevant mitigating factors.
The court meticulously reviewed the sentencing judge's decision and the factors considered. It found that while the sentencing judge did take into account the applicant's age, this alone did not warrant a reduction in sentence given the severity of the charges. Regarding the prohibited imports, the court held that the judge appropriately assessed the nature of the imports and their potential impact. The court concluded that there was no manifest excess in the sentence and that all relevant considerations had been appropriately addressed. Consequently, the application for leave to appeal was dismissed.
The court's final orders were that the application for leave to appeal against the sentence was dismissed. This outcome signifies that the court found no grounds for an appeal based on the arguments presented by Ludwig concerning the sentencing judge's consideration of his youth and the prohibited imports.
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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