Mokbel v The Queen

In the Supreme Court of Victoria, Mokbel sought to challenge the sentence imposed upon him following his guilty plea to one count of blackmail and multiple counts of dealing with the proceeds of crime and trafficking or attempted trafficking of drugs of dependence. The court was tasked with determining whether there was any error in the sentencing process, specifically focusing on the failure to make declarations under section 6AAA of the Sentencing Act 1991 in respect of the total effective sentence and non-parole period. Furthermore, the court had to decide whether the trafficking or attempted trafficking of drugs was less serious due to the context of a police operation, the presence of an agent provocateur, and the use of an inert substance.

The primary legal issues before the court were whether the failure to make section 6AAA declarations constituted a sentencing error and whether the nature of the drug trafficking offences warranted a lesser sentence. The court considered relevant legislation and case law, particularly R v Scerri and R v Mihalo, to evaluate the correctness of the sentence. It was necessary to discern whether the offences were appropriately cumulative given the separate instances of criminal activity and to assess if the sentences were manifestly excessive.

The court found no sentencing error in the failure to make section 6AAA declarations for the total effective sentence and non-parole period as the declaration was made for the blackmail count. The court also concluded that the drug trafficking or attempted trafficking offences were not less serious due to the context in which they were committed. It was held that the cumulation of particular counts was appropriate, and the sentences imposed were not manifestly excessive. Consequently, the application was refused.