SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 235 of 2006
| THE QUEEN |
| v |
| DANIEL QUINN |
---
JUDGES: | MAXWELL P, VINCENT and ASHLEY JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 27 June 2007 | |
DATE OF JUDGMENT: | 29 June 2007 | |
MEDIUM NEUTRAL CITATION: | [2007] VSCA 141 | |
---
Criminal law – Sentence – Whether principle described in R v Hall (1994) 76 A Crim R 454 infringed – Whether failure to give adequate consideration to delay as a mitigating circumstance – R v Merrett (2007) 14 VR 392 – Whether sentence on count of trafficking in drug of dependence in not less than a commercial quantity manifestly excessive – Whether imposition of penalty under s 39(2), Dangerous Goods Act 1985 (Vic) based upon a misconstruction of the provision – Error in sentence which purported to defer commencement of non-parole period – Application and appeal allowed – Appellant re-sentenced for offence against s 54(5), Dangerous Goods Act – Form of sentence corrected.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mrs C M Quin | Ms A Cannon, Solicitor for Public Prosecutions |
| For the Applicant | Mr C B Boyce | Victoria Legal Aid |
MAXWELL P:
I have had the advantage of reading in draft the reasons for judgment of Ashley JA. I agree that the application should be disposed of as his Honour proposes, for the reasons which he gives.
VINCENT JA:
I agree in the disposition of this matter proposed by Ashley JA, and I do so for the reasons advanced by him in his judgment.
ASHLEY JA:
The applicant, Daniel Quinn, pleaded guilty in the County Court to a count of blackmail on one presentment[1]; and to counts of burglary,[2] theft,[3] trafficking in a drug of dependence in not less than a commercial quantity,[4] possession of a drug of dependence,[5] and being a prohibited person in possession of a firearm[6] on a second presentment. He also pleaded guilty to a summary offence of possession of unauthorized explosives.[7]
[1]Crimes Act 1958 (Vic) s 87(1). Maximum penalty, 15 years’ imprisonment.
[2]1 Count, count one. Ibid, s 76. Maximum penalty, 10 years’ imprisonment.
[3]2 Counts, counts 2 and 5. Ibid, s 74(1). Maximum penalty, 10 years’ imprisonment.
[4]1 Count, count 3. Drugs, Poisons and Controlled Substances Act 1981, s 71AA. Maximum penalty, 25 years’ imprisonment.
[5]2 Counts, counts 7 and 8. Ibid, s 73. Maximum penalty, 30 penalty units and/or one year’s imprisonment.
[6]1 Count, count 9. Firearms Act 1996, s 5(1A). Maximum penalty, 1800 penalty units or 15 years’ imprisonment.
[7]Dangerous Goods Act 1985 (Vic), s 54(5). Maximum penalty, see s 45(2)(b), effectively not more than ten penalty units.
On 20 July 2006 he was sentenced as follows:
Blackmail - 12 months’ imprisonment
Burglary - 18 months’ imprisonment
Theft (Count 2) - 18 months’ imprisonment
Theft (Count 5) - 6 months’ imprisonment
Trafficking - 4 years’ imprisonment
Possession of drug
of dependence
(Counts 7 & 8) - fines of $200
Possession of firearm - 12 months’ imprisonment
The sentence…
Continue reading R v Quinn
Sign in free to access the full text
- AGLC
- R v Quinn [2007] VSCA 141
- Case
- [2007] VSCA 141
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved whether the sentence for trafficking in a drug of dependence in a non-commercial quantity was manifestly excessive and whether the penalty imposed under section 39(2) of the Dangerous Goods Act 1985 (Vic) was correctly applied. Additionally, the court had to consider whether there was an error in the sentence that purported to defer the commencement of the non-parole period. These issues were examined in light of previous cases such as R v Hall and R v Merrett, which provide guidance on sentencing principles and the consideration of mitigating factors.
The Court of Appeal found that the sentence imposed by the County Court was indeed manifestly excessive and that there was a failure to give adequate consideration to the delay as a mitigating circumstance. Furthermore, the court determined that the penalty imposed under section 39(2) was based on a misconstruction of the provision. There was also an error in the sentence concerning the commencement of the non-parole period. Consequently, the Court of Appeal allowed the application and appeal, re-sentenced the appellant for the offence against section 54(5) of the Dangerous Goods Act, and corrected the form of the sentence.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.