R v Lines - [2007] VSCA 229

SUPREME COURT OF VICTORIA

COURT OF APPEAL

No 380 of 2006

THE QUEEN
	v
DAVID JOHN LINES

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JUDGES:	MAXWELL P and ASHLEY and KELLAM JJA
WHERE HELD:	SALE
DATE OF HEARING:	16 October 2007
DATE OF JUDGMENT:	16 October 2007
MEDIUM NEUTRAL CITATION:	[2007] VSCA 229

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Criminal law – Appeal against sentence – Appellant guilty of one count of trafficking in a drug of dependence and many summary offences – All sentences imposed on summary charges ordered to be served concurrently with the sentence imposed on the count of trafficking – Total effective sentence of six years’ imprisonment with a non-parole period of four years not manifestly excessive – Appeal dismissed.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr M A Gamble SC with Ms D I Piekusis	Ms A Cannon, Solicitor for Public Prosecutions
For the Appellant	Ms S E Cure	O’Sullivan & Ruffilli

MAXWELL P:

Ashley JA will deliver the first judgment.

ASHLEY JA:

The appellant, David Lines, a man now aged 53, appeals by leave against sentence passed upon him in the County Court on 21 November 2006. The appellant pleaded guilty to one count of trafficking in a drug of dependence[1] and to the following summary offences – driving whilst unlicensed (20 charges),[2] dealing with property suspected of being the proceeds of crime (four charges),[3] possessing a prohibited weapon without exemption/approval (one charge)[4] and possessing a controlled weapon without excuse (one charge).[5] He admitted 78 prior convictions and two findings of guilt from 19 court appearances between July 1971 and April 2003. He was sentenced as follows:
[1]Amphetamine, contrary to s 71AC of the Drugs, Poisons and Controlled Substances Act 1981, maximum penalty 15 years’ imprisonment.
[2]Road Safety Act 1986, s 18(1A). Maximum penalty 25 penalty units or three months’ imprisonment.
[3]Crimes Act 1958, s 195. Maximum penalty two years’ imprisonment.
[4]Control of Weapons Act 1990, s 5(1)(e). Maximum penalty 120 penalty units or six months’ imprisonment.
[5]Control of Weapons Act 1990, s 6(1). Maximum penalty 60 penalty units or six months’ imprisonment.

Trafficking: 6 years’ imprisonment
Driving whilst unlicensed: 2 months’ imprisonment on each charge

Dealing with property suspected
of being proceeds of crime: 6 months’ imprisonment on each charge

Possessing a prohibited weapon: 7 days’ imprisonment
Possessing a controlled weapon: 7 days’ imprisonment

The learned sentencing judge ordered that all the sentences imposed on the summary charges be served concurrently with the sentence imposed on the count of trafficking. The total effective sentence was thus six years’ imprisonment. His Honour fixed a non-parole period of four years, and made a declaration that the appellant had served 194 days by way of pre-sentence-detention.

The sole ground of appeal is that the sentence is manifestly excessive.

Circumstances of the offences

The police conduced surveillance of the appellant, and premises which he occupied at Old Dookie Road, Shepparton in the period 22 February 2006 to 11 May 2006. On the last mentioned date a search warrant…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Lines

Details

AGLC: R v Lines [2007] VSCA 229
Case: [2007] VSCA 229
Decision Date: 16 October 2007

CaseChat Overview and Summary

In the matter of the Director of Public Prosecutions versus Lines, the defendant appealed against his sentence, having been found guilty of one count of trafficking in a drug of dependence and several summary offences. The case was heard by the High Court of Australia, which was tasked with reviewing the severity of the sentence imposed.

The primary legal issue before the court was whether the total effective sentence of six years' imprisonment, with a non-parole period of four years, was manifestly excessive. The court had to consider the nature and severity of the crimes committed, the appellant's culpability, and the principles of proportionality and deterrence in sentencing. Additionally, the court needed to assess whether the cumulative sentence for the summary charges, ordered to be served concurrently with the trafficking sentence, was appropriate.

The court found that the sentence was not manifestly excessive, taking into account the appellant's criminal history and the seriousness of the trafficking offence. The court held that the total effective sentence was proportionate to the crimes committed and did not breach any principles of sentencing. The appeal was dismissed, and the original sentence was upheld.

No further orders were made by the court.

Orders