Pasquale Barbaro v The Queen

Pasquale Barbaro sought leave to appeal against his sentence from the Supreme Court of Victoria. The respondent, The Queen, was represented by the Director of Public Prosecutions. The applicant had pleaded guilty to trafficking in commercial quantities of MDMA, cannabis, and methylamphetamine, possessing a handgun without a licence, and related summary charges. The Court was asked to determine whether the trial judge erred in applying the provisions of the Sentencing Act 1991 and whether the sentence was manifestly excessive.

The Court needed to determine if the trial judge had erred in applying the provisions of the Sentencing Act 1991 by not recognising that Barbaro was eligible for a discount under s 5(2H) and by not considering the appropriate discount under s 5(2HC) in relation to the commercial quantity of cannabis. The Court also needed to determine whether the trial judge failed to take into account the time Barbaro had spent in drug rehabilitation as additional punishment and whether the sentence was manifestly excessive.

The Court found that the trial judge had erred by not recognising Barbaro's eligibility for a discount under s 5(2H) and by not applying the appropriate discount under s 5(2HC) in relation to the commercial quantity of cannabis. The Court also found that the trial judge had failed to take into account the time Barbaro had spent in drug rehabilitation as additional punishment and that the sentence was manifestly excessive. Therefore, leave to appeal was granted.

The Court ordered that leave to appeal be granted.