SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2019 0117
| CHRIS LYTRAS | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | PRIEST and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 4 June 2020 |
| DATE OF JUDGMENT: | 10 June 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 150 |
| JUDGMENT APPEALED FROM: | DPP v Lytras (Unreported, County Court of Victoria, Judge Chettle, 6 September 2018) |
---
CRIMINAL LAW — Appeal — Sentence — Trafficking in not less than a commercial quantity of methylamphetamine — Trafficking in cocaine and MDMA — Whether a total effective sentence of 12 years’ imprisonment with non-parole period of 8 years manifestly excessive — Plea in mitigation incompetently conducted by counsel — Appeal allowed — Resentenced to a total effective sentence of 9 years and 6 months’ imprisonment with non-parole period of 6 years — DPP v Dalgliesh (a pseudonym) (2017) 262 CLR 428; Gregory (a pseudonym) v The Queen (2017) 268 A Crim R 1; DPP v Condo [2019] VSCA 181 considered.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P Smallwood and Mr T Bourbon | Stephen Andrianakis & Associates |
| For the Respondent | Mr J Lewis | Ms A Hogan, Solicitor for Public Prosecutions |
PRIEST JA
WEINBERG JA:
On 10 November 2017, the applicant pleaded guilty before a judge in the County Court to one charge of trafficking in not less than a commercial quantity of a drug of dependence,[1] methylamphetamine (charge 1), and two charges of trafficking in a drug of dependence,[2] respectively cocaine and MDMA (charges 2 and 3).
[1]Drugs, Poisons and Controlled Substances Act 1981, s 71AA. The maximum penalty is 25 years’ imprisonment.
[2]Drugs, Poisons and Controlled Substances Act 1981, s 71AC. The maximum penalty is 15 years’ imprisonment.
After a plea conducted before another judge on 17 August 2018,[3] the applicant was sentenced on 6 September 2018 to 12 years’ imprisonment, with a non-parole period of eight years, in accordance with the following table:
[3]The delay between 10 November 2017 and 17 August 2018 was in part attributable to a foreshadowed application by the applicant to change his plea. By 6 April 2018, the applicant had indicated that he would not proceed with that application.
Charge Offence Sentence Cumulation 1 Trafficking in not less than a commercial quantity of a drug of dependence (methylamphetamine) 10 years Base 2 Trafficking in a drug of dependence (cocaine) 4 years 1 year 3 Trafficking in a drug of dependence (MDMA) 4 years 1 year Total Effective Sentence 12 years’ imprisonment Non-Parole Period 8 years Pre-Sentence Detention 874 days 6AAA statement 15 years’ imprisonment with 11 years non-parole Other Orders Forensic sample
The applicant seeks leave to appeal against his sentence on two grounds, formulated as follows:
1. The individual sentences imposed, the orders for cumulation made, the resulting total effective sentence and the non‐parole period fixed were each manifestly excessive.
Particulars:
(a) The individual sentences imposed, in particular that imposed on charge 1, were manifestly too long.
(b) The sentence imposed on charge…
Continue reading Lytras v The Queen
Sign in free to access the full text
- AGLC
- Lytras v The Queen [2020] VSCA 150
- Case
- [2020] VSCA 150
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to address were whether the sentence imposed was manifestly excessive and whether the appellant's plea in mitigation was conducted incompetently by his counsel. The court considered relevant authorities, including DPP v Dalgliesh, Gregory v The Queen, and DPP v Condo, to evaluate the proportionality of the sentence. The court also examined the appellant's argument that his sentence was manifestly excessive in light of the totality principle and the need for proportionality in sentencing. The court further scrutinised the conduct of the appellant’s counsel during the plea in mitigation phase to determine if it met the required standards of competency.
The Supreme Court found that the original sentence was indeed manifestly excessive and did not adequately reflect the totality principle in sentencing. The court accepted that the plea in mitigation was incompetently conducted, which adversely affected the appellant’s sentencing outcome. Consequently, the appeal was allowed, and the appellant was resentenced to a total effective term of 9 years and 6 months’ imprisonment, with a non-parole period of 6 years. This decision took into account the totality principle, the need for proportionality, and the impact of the ineffective plea in mitigation. The court emphasised the importance of competent legal representation in ensuring just outcomes in criminal cases.
The final orders of the court included the resentencing of the appellant to a total effective term of 9 years and 6 months’ imprisonment, with a non-parole period of 6 years. The court also directed that the appellant’s legal representation issue be brought to the attention of the relevant authorities for further scrutiny. This decision underscored the significance of fair and competent legal representation in the criminal justice system and the need for proportionality in sentencing.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.