SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 575 of 2009
| THE QUEEN |
| v |
| REYN REKHVIASHVILI |
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| JUDGES | NEAVE and BONGIORNO JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 27 January 2010 |
| DATE OF JUDGMENT | 29 January 2010 |
| MEDIUM NEUTRAL CITATION | [2010] VSCA 3 1st Revision, 1 February 2010 |
| JUDGMENT APPEALED FROM | R v Rekhviashvili (Unreported, County Court of Victoria, Judge Gullaci, 27 March 2009) |
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CRIMINAL LAW – Sentence – Appeal – Appellant pleaded guilty to trafficking and possessing drugs of dependence and to possessing a prohibited firearm – Whether definition of ‘mixture’ includes mixed substances containing drugs found in separate containers – Appropriate weight given to low levels of purity of substances – Cumulation of sentences not excessive – Total effective sentence and non-parole period not manifestly excessive – Appeal dismissed.
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Appearances: | Counsel | Solicitors |
| For the Crown | Mr T Gyorffy | Mr C Hyland, Solicitor for Public Prosecutions |
| For the Appellant | Mr C Boyce | Grigor Lawyers |
NEAVE JA
BONGIORNO JA:
On 20 March 2009 the appellant, Reyn Rekhviashvili, pleaded guilty to one count of being a prohibited person in possession of an unregistered firearm, two counts of trafficking in a drug of dependence and two counts of possessing a drug of dependence. After hearing a plea in mitigation of sentence, the learned trial judge sentenced the appellant on 27 March 2009 as follows:
Count
Offence
Term/fine
Cumulation
1
Possessing an unregistered firearm[1]
18 months’ imprisonment
Base sentence
2
Trafficking in a drug of dependence (methylamphetamine)[2]
15 months’ imprisonment
9 months
3
Trafficking in a drug of dependence (amphetamine)[3]
15 months’ imprisonment
2 months
4
Possessing a drug of dependence (diacetylmorphine)[4]
$1,000
5
Possessing a drug of dependence (cocaine)[5]
$1,000
[1]Firearms Act 1996, s 5(1A).
[2]Drugs, Poisons and Controlled Substances Act 1981 (‘Drugs Act’), s 71AC.
[3]Ibid.
[4]Ibid s 73(1).
[5]Ibid.
The orders for cumulation made by his Honour resulted in a total effective sentence of 2 years and 5 months’ imprisonment. His Honour fixed a non-parole period of 18 months’ imprisonment.
The appellant now appeals against that sentence.
Circumstances of the offending
On 7 June 2007 police located a stolen car in the car park of an apartment block in Prahran. The car, which belonged to a car rental company, had been hired with the appellant’s credit card and had not been returned. Police interviewed the manager of the apartment block and were informed that the appellant was in possession of the car and had just entered one of the apartments. After entering the apartment, they discovered the appellant in a bedroom with another male. The appellant and his companion were seated on a bed and had next to them two rolled up bundles of cash amounting to $3,515.25. Underneath a pillow on the bed was a travel bag, out of which a handgun was protruding. The appellant admitted to police that the bag belonged to him.
The gun, a .25 millimetre automatic pistol, was not registered in Victoria. It was loaded with…
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- AGLC
- R v Rekhviashvili [2010] VSCA 3
- Case
- [2010] VSCA 3
- Decision Date
CaseChat Overview and Summary
The court examined whether the definition of 'mixture' under the relevant statute includes substances found in separate containers and whether the low levels of purity of the substances warranted a particular consideration. It was also necessary to determine if the cumulative sentences and the non-parole period were excessively punitive. The court assessed the arguments and concluded that the term'mixture' could encompass substances in separate containers under the given circumstances. The low purity of the substances was considered in sentencing, and the cumulative effect of the sentences and the non-parole period were deemed appropriate.
Ultimately, the court found that the sentences imposed were neither excessive nor manifestly disproportionate to the crimes committed. The appeal was dismissed as the total effective sentence and non-parole period were deemed to be within reasonable bounds given the nature and circumstances of the offences.
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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