SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v KOULIOUBAS
[2012] SASCFC 49
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Doyle, The Honourable Justice Anderson and The Honourable Justice Kelly)
2 May 2012
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - SENTENCE MANIFESTLY EXCESSIVE OR INADEQUATE
CRIMINAL LAW - APPEAL AND NEW TRIAL - APPEAL AGAINST SENTENCE - GROUNDS FOR INTERFERENCE - JUDGE ACTED ON WRONG PRINCIPLE
CRIMINAL LAW - APPEAL AND NEW TRIAL - INTERFERENCE WITH DISCRETION OR FINDING OF JUDGE - FAILURE TO EXERCISE DISCRETION
Appeal against sentence – appellant pleaded guilty to one count of supplying a controlled drug (methylamphetamine) and sentenced to one year and eight months imprisonment with a non-parole period of six months – appellant was serving a two year good behaviour bond with supervision conditions for a previous drug conviction at the time of sentencing for the present charge – appellant attended a drug rehabilitation clinic as an in-patient and was completing a follow up regime with a psychiatrist – whether the sentence was manifestly excessive – whether the sentencing Judge erred in placing too much emphasis on general and personal deterrence and gave insufficient weight to the appellant’s personal circumstances – whether the sentencing Judge erred in failing to suspend the term of imprisonment imposed.
Held: (Kelly J, Doyle CJ and Anderson J concurring): appeal dismissed – possession of methylamphetamine for supply is a serious offence – appellant committed offence while on bail for a previous offence of trafficking in methylamphetamine – appellant’s response to supervision under previous suspended sentence bond was poor, attendances at drug rehabilitation clinic belated and did not indicate a genuine commitment to rehabilitation – sentence not outside range available – no error in approach of sentencing Judge – appeal dismissed.
Controlled Substances Act 1984 (SA) s 33I(1)(b), referred to.
R v Proom (2003) 85 SASR 120, applied.
R v Gibbons (1998) 72 SASR 408; R v Urbanski (2010) 108 SASR 369, distinguished.
R v KOULIOUBAS
[2012] SASCFC 49Court of Criminal Appeal: Doyle CJ, Anderson and Kelly JJ
DOYLE CJ. I would dismiss the appeal against sentence. I agree with the reasons given by Kelly J for so deciding.
ANDERSON J. I agree that the appeal against sentence should be dismissed for the reasons given by Kelly J.
KELLY J.
Introduction
This is an appeal against a sentence imposed in the District Court on 21 February 2012. The appellant pleaded guilty to one count of supplying methylamphetamine, a controlled drug, contrary to s 33I(1)(b) of the Controlled Substances Act 1984 (SA). The District Court Judge sentenced the appellant to a term of imprisonment of one year and eight months and imposed a non-parole period of six months. She declined to suspend the sentence of imprisonment.
A Judge of this Court granted permission to appeal on two grounds; first that the head sentence imposed by the sentencing Judge is manifestly excessive…
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CaseChat Overview and Summary
The Court of Criminal Appeal was required to determine whether the sentence imposed was manifestly excessive, and whether the sentencing Judge had failed to properly exercise their discretion by overemphasising deterrence and underemphasising the appellant's personal circumstances and rehabilitation efforts. Specifically, the Court had to consider if the Judge erred in not suspending the sentence, given the appellant's engagement with drug rehabilitation programs and psychiatric treatment.
The Court dismissed the appeal, finding that the possession of methylamphetamine for supply is a serious offence. The Court noted that the appellant committed the offence while on bail for a previous drug trafficking charge. Furthermore, the Court found that the appellant's response to supervision under a previous suspended sentence bond had been poor, with belated attendances at a drug rehabilitation clinic that did not demonstrate a genuine commitment to rehabilitation. Consequently, the Court concluded that the sentence imposed was not outside the available range and that there was no error in the sentencing Judge's approach.
Orders
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Background
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Evidence
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Decision
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