SUPREME COURT OF VICTORIA
COURT OF APPEAL
| THE QUEEN | No 525 of 2008 |
| v | |
| ANTHONY JAMES BIDMADE |
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JUDGES: | VINCENT and NETTLE JJA and WILLIAMS AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 7 April 2009 | |
DATE OF JUDGMENT: | 14 May 2009 | |
MEDIUM NEUTRAL CITATION: | [2009] VSCA 90 | |
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CRIMINAL LAW – Conviction – Trafficking and possession of drug of dependence – Whether act of possession part and parcel of trafficking.
CRIMINAL LAW – Sentencing – Applicant sentenced to a total effective sentence of two years and 10 months’ imprisonment with a non-parole period of two years on one count of trafficking in methyl amphetamine, one count of possessing methyl amphetamine – Whether judge gave sufficient weight to applicant’s youth and plea of guilty – Manifest excessiveness – Appeal allowed in part – Applicant re-sentenced to a total effective sentence of two years and seven months with a non-parole period of 21 months.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr T Gyorffy | Mr C Hyland, Solicitor for Public Prosecutions |
| For the Applicant | Mr C G Mandy | Slades & Parsons Solicitors |
VINCENT JA:
I have read the judgment of Nettle JA and agree that the application for leave to appeal against conviction on Count 3 be allowed and the conviction on that count quashed. I also agree that leave to appeal against sentence be granted and allowed, that the sentences imposed by the court below be set aside and the applicant re-sentenced as ordered by the Court.
NETTLE JA:
This is an application for leave to appeal from a total effective sentence of two years and 10 months’ imprisonment with a non-parole period of two years imposed on the applicant on pleading guilty in the County Court at Geelong to one count of trafficking in methyl amphetamine (Count 1), one count of criminal damage (Count 2), one count of possessing methyl amphetamine (Count 3) and one count of possessing cannabis (Count 4).
The judge sentenced the applicant on Count 1 (trafficking amphetamine) to two years and six months’ imprisonment, on Count 2 (criminal damage) to one months’ imprisonment, on Count 3 (possession of amphetamine) to three months’ imprisonment and on Count 4 (possession of cannabis) to a fine of $100.00. His Honour directed that the sentences imposed on Counts 2 and 3 be served cumulatively on each other and on the sentence imposed on Count 1 making for the total effective sentence of two years and 10 months’ imprisonment.
There is also an application for leave to appeal against conviction on Count 3, which we granted leave to file out of time, on the ground that the act of possession which comprised Count 3 was one of the acts which constituted the count of trafficking the subject of Count 1.
The circumstances of the offending
In brief substance, the circumstances of the offending are as follows. In
November 2006 police investigated an extensive drug ring which was then operating in the Geelong area. One Steven Dare was identified as the focal…
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- AGLC
- R v Bidmade [2009] VSCA 90
- Case
- [2009] VSCA 90
- Decision Date
CaseChat Overview and Summary
The respondent argued that the act of possession was not an integral part of the trafficking and that the sentence imposed was manifestly excessive. The court examined the nature of the trafficking operation and the role the respondent played in it. It was established that the possession was incidental to the trafficking, and this distinction was crucial for the sentencing considerations. The court also assessed the judge's weighing of the respondent's youth and plea of guilty against the seriousness of the offences.
The court found that while the judge had considered the respondent's youth and plea of guilty, the overall sentence imposed was manifestly excessive. The court was particularly concerned with the non-parole period, which it deemed too long given the circumstances. As a result, the appeal was allowed in part. The respondent was re-sentenced to a total effective sentence of two years and seven months with a non-parole period of 21 months, reflecting a more balanced consideration of all relevant factors.
The court ordered that the respondent be re-sentenced, reducing the non-parole period and the overall sentence, thereby providing a more proportionate punishment that aligned with the principles of sentencing in such cases.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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