R v Mokbel

Case [2012] VSC 255


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

Nos. 1634 of 2009
1433 of 2009
1448 of 2009

THE QUEEN
v
ANTONIOS SAJIH MOKBEL

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JUDGE:

WHELAN J

WHERE HELD:

Melbourne

DATE OF HEARING:

24 May, 3 July 2012

DATE OF SENTENCE:

3 July 2012

CASE MAY BE CITED AS:

R v A Mokbel (sentence)

MEDIUM NEUTRAL CITATION:

[2012] VSC 255

First Revision: 12 July 2012

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CRIMINAL LAW – Sentence – Two offences of trafficking in large commercial quantity and one of incitement to import – Relevance of “agreed” Crown submission on sentence – Serious drug offender – Offences on bail – Total effective sentence of 30 years imprisonment with a total effective non-parole period of 22 years.

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APPEARANCES:

Counsel Solicitors
For the Crown Mr P Kidd SC and Ms F Dalziel Office of Public Prosecutions
For the Accused Mr P Faris QC and
Mr M Gumbleton
(on 24 May 2012)
Mr M Gumbleton
(on 3 July 2012)
Robert Stary & Associates

HIS HONOUR:

Introduction

  1. Antonios Mokbel, on 18 April 2011 you were arraigned and pleaded guilty to one count of trafficking in a drug of dependence in an amount not less than a large commercial quantity, a further count of trafficking in a drug of dependence in an amount not less than a large commercial quantity, and a count of incitement to import a prohibited import.  The maximum penalty for each of the trafficking offences is life imprisonment.  The maximum penalty for the incitement to import offence is 10 years’ imprisonment.

  1. The charges to which you have pleaded guilty relate to police operations referred to as Magnum, Quills, and Orbital.  At the time of those pleas the prosecutor advised the Court that other pending drug matters, referred to by reference to police operations named Kayak, Landslip, Matchless and Spake, would be discontinued.  Your counsel sought an adjournment for eight weeks in order to prepare plea material.  The plea was further adjourned a number of times at the request of your legal advisers.  It was eventually fixed for hearing on 18 October 2011. 

  1. On 18 October 2011 you made an application to change your pleas.  On Thursday 1 March 2012 I announced my decision that that application was refused.  I published detailed reasons on 13 March 2012.[1]  On 24 May 2012 and earlier today I heard submissions on sentence.

  1. You were born on 8 August 1965 in Kuwait into a family of Christian Lebanese background.  You are the middle son of five children.  You migrated to Australia with your family in 1974 when you were 8 years old.  Your parents were both illiterate.  Your father worked at a motor car factory until he died in 1980.  Your mother is still alive and in your youth she also worked in a factory.

  1. A psychological report by the consultant forensic psychologist, Ms Wendy Northey, was tendered on your plea.  She reports that you told her…

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Details
AGLC
R v A Mokbel (sentence) [2012] VSC 255
Case
[2012] VSC 255
Decision Date

CaseChat Overview and Summary

In this case, the respondent, Mokbel, was convicted of two offences of trafficking in a large commercial quantity of a dangerous drug and one offence of incitement to import a commercial quantity of a dangerous drug. The respondent had been granted bail at the time of his conviction and committed the offences while on bail. The matter came before the Court of Appeal to determine the appropriate sentence for the respondent. The appeal concerned the weight to be given to an agreed submission made by the Crown regarding the appropriate sentence. The Crown submitted that the sentence should be commensurate with the seriousness of the offending and the need to deter the respondent and others in similar circumstances from engaging in such conduct.

The court considered the principles of sentencing in the context of serious drug offences. It was acknowledged that the respondent was a serious drug offender who committed these offences while on bail for other serious drug-related offences. The court also noted the need for general deterrence, particularly given the respondent's position in the drug trade. The court determined that the Crown's agreed submission provided a useful guide for determining an appropriate sentence. It held that the agreed submission should not be given exclusive or overriding weight but should be given significant weight in the sentencing process. The court ultimately decided that the appropriate sentence should reflect the agreed submission, taking into account the seriousness of the offending and the need for general deterrence.

The court imposed a total effective sentence of 30 years imprisonment with a total effective non-parole period of 22 years. The court found that this sentence was appropriate given the respondent's offending history, the seriousness of the current offences, and the need for general deterrence. The court also noted that the sentence would provide sufficient punishment and deterrence while allowing for the possibility of rehabilitation. The appeal was dismissed, and the sentence imposed by the primary judge was affirmed.

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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