McNaughton v The Queen

Case [2014] VSCA 174


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2013 0161

ANDREW McNAUGHTON Appellant
v
THE QUEEN Respondent

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JUDGES: HANSEN and PRIEST JJA
WHERE HELD: MELBOURNE
DATE OF HEARING: 5 August 2014
DATE OF JUDGMENT: 18 August 2014
MEDIUM NEUTRAL CITATION: [2014] VSCA 174
JUDGMENT APPEALED FROM: DPP v McNaughton (Unreported, County Court of Victoria, Judge Tinney, 25 July 2013)

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CRIMINAL LAW – Sentencing – Appeal – Multiple drug offences – Conspiracy to traffic cannabis, trafficking methylamphetamine, possession of substances and equipment for trafficking and possession of precursor chemicals  Parity – Whether sentencing judge mistook appellant’s role – Whether sentence manifestly excessive – Application for leave refused and appeal dismissed.

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APPEARANCES: Counsel Solicitors
For the Appellant Ms F H Todd Robert Stary
For the Crown Mr B F Kissane Mr C Hyland, Solicitor for Public Prosecutions

HANSEN JA:

I agree with Priest JA.

PRIEST JA:

Introduction

  1. On 2 July 2012, the appellant (now aged 50), pleaded guilty in the County Court to conspiracy to cultivate a drug of dependence (one charge, charge 1);  trafficking in a drug of dependence (five charges, charges 2, 3, 4, 5 and 6);  possession of substances and equipment for trafficking (one charge, charge 7);  and possession of a precursor chemical (one charge, charge 8).  He was sentenced on 25 July 2013, according to the table immediately following, so as to produce a total effective sentence of six (6) years and four (4) months’ imprisonment, upon which a non-parole period three (3) years and 10 months’ imprisonment was fixed:

Charge on Indictment Offence Sentence Cumulation
1 Conspiracy to cultivate a drug of dependence[1] (cannabis) 27 months 12 months
2 Trafficking in a drug of dependence[2] (methylamphetamine) 44 months Base
3 Trafficking in a drug of dependence[3] (ecstasy) 30 months 6 months
4 Trafficking in a drug of dependence[4] (cocaine) 18 months —
5 Trafficking in a drug of dependence[5] (MDA) 24 months 4 months
6 Trafficking in a drug of dependence[6] (LSD) 12 months —

[1]Crimes Act 1958, s 321 and Drugs, Poisons and Controlled Substances Act 1981, s 72B. The maximum penalty is 15 years’ imprisonment.

[2]Drugs, Poisons and Controlled Substances Act 1981 (Vic) s 71AC. The maximum penalty is 15 years’ imprisonment.

[3]Ibid.

[4]Ibid.

[5]Ibid.

[6]Ibid.

7 Possession of substances and/or equipment for trafficking[7] 30 months 10 months
8 Being in possession of precursor chemical[8] 6 months —
Total Effective Sentence: 6 years and 4 months
Non-Parole Period: 3 years and 10 months
Pre-sentence Detention Declared: 192 days
6AAA Statement: 8 years and 6 months’ imprisonment, with a non-parole period of 6 years.
Other orders: Forfeiture, disposal and forensic sample orders.

[7]Drugs, Poisons and Controlled Substances Act 1981, s 71A. The maximum penalty is 10 years’ imprisonment.

[8]Drugs, Poisons and Controlled Substances Act 1981, s 71D. The maximum penalty is five years’ imprisonment.

  1. A judge of this Court granted the appellant leave to appeal on all but one of the 11 grounds in…

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McNaughton v The Queen [2014] VSCA 174
Case
[2014] VSCA 174
Decision Date

CaseChat Overview and Summary

The appellant, McNaughton, was convicted of various drug-related offences and appealed against the sentence imposed by the sentencing judge. McNaughton was found guilty of conspiracy to traffic in cannabis, trafficking methylamphetamine, possession of substances and equipment for trafficking, and possession of precursor chemicals. The appeal focused on the sentence's fairness and whether the sentencing judge erred in determining McNaughton's role in the offences and whether the sentence was manifestly excessive.

The legal issues addressed in this case included whether the sentencing judge had made an error in assessing McNaughton's role in the drug offences and whether the sentence imposed was manifestly excessive. McNaughton argued that the sentencing judge had misunderstood his role and therefore imposed an unduly harsh sentence. The defence also contended that the sentence was disproportionate to the offences committed.

The court reviewed the sentencing judge's assessment of McNaughton's role in the drug offences and found no error in the determination. The court further held that the sentence imposed was not manifestly excessive, considering the seriousness of the offences and the need for deterrence. The court was satisfied that the sentencing judge had appropriately weighed the relevant factors in imposing the sentence. Consequently, the application for leave to appeal was refused, and the appeal was dismissed.

No specific final orders were made in the text provided. However, based on the outcome, it can be inferred that McNaughton's appeal was dismissed, and the original sentence imposed by the sentencing judge was upheld.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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