Maiolo v The Queen

The applicant, Maiolo, sought leave to appeal against a sentence imposed by a sentencing judge for drug trafficking offences. The core of the dispute concerned the sentencing judge's adoption of a notional starting point of four years imprisonment for the trafficking offence, which Maiolo argued was manifestly excessive.

The legal issues before the court were whether the sentencing judge erred in adopting a notional starting point of four years imprisonment for the drug trafficking offence, and whether this approach was appropriate given the applicant's circumstances, specifically his motivation for selling drugs to fund his own addiction. The applicant contended that the standard established in *R v Young* regarding profit motivation for trafficking offences did not apply to his situation.

The Court reasoned that while the circumstances of a case can justify a starting point below four years, the applicant's situation did not necessitate such a reduction. The Court referred to *R v Keut*, which held that even when the proceeds of drug dealing are used to satisfy an addiction, the offender is still motivated by profit, albeit to a lesser extent. This would ordinarily have an ameliorating impact on the sentence. The sentencing judge had noted an element of profit in the applicant's conduct, as sales to others covered the costs of his own drug use. The Court found no error in the sentencing judge's approach.

The Court refused the application for permission to appeal, upholding the sentencing judge's decision.