SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 387 of 2005
| THE QUEEN |
| v. |
| MIODRAG SIBIC |
| No. 388 of 2005 |
| THE QUEEN |
| v. |
| SLOBODAN SIBIC |
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JUDGES: | CHERNOV and REDLICH, JJA and KING, AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 12 October 2006 | |
DATE OF JUDGMENT: | 19 December 2006 | |
MEDIUM NEUTRAL CITATION: | [2006] VSCA 296 | |
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Criminal law – Sentencing – Trafficking in a large commercial quantity of a drug of dependence – Where large commercial quantity constituted by number of cannabis plants – Relevance of past and anticipated low yield of plants – Relevance of maximum penalty – Where sentencing judge failed to give sufficient weight to physical and psychiatric conditions suffered by one appellant – Sentencing discretion reopened in relation to that appellant – Parity – Co-offender also re-sentenced
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J.D. McArdle, Q.C. | Ms A. Cannon, Solicitor for Public Prosecutions |
| For the Appellant Miodrag Sibic | Mr P.F. Tehan, Q.C., with Mr M.W.S. Duckett | Amad & Amad |
| For the Appellant Slobodan Sibic | Mr M.J. Croucher | Amad & Amad |
CHERNOV, J.A.:
I agree, for the reasons given by Redlich, J.A., that the appeals should be allowed and that the appellants be re-sentenced in the manner proposed by his Honour.
REDLICH, J.A.:
The appellants Miodrag Sibic, now aged 37, and Slobodan Sibic, now aged 34, who are brothers, were sentenced in the County Court on one count of trafficking in a drug of dependence, namely cannabis L, in a quantity that was not less than a large commercial quantity between 1 January 2002 and 11 May 2004. On their arraignment on 12 December 2005 both appellants pleaded guilty. On 16 December 2005 the appellant Miodrag was sentenced to nine years’ imprisonment and a non-parole period of five years and eight months was fixed. The appellant Slobodan was also sentenced to nine years’ imprisonment and a non-parole period of six years was fixed. A co-accused, Carlos Rios, who had also pleaded guilty to the same count on the same day, was sentenced to four-and-a-half years’ imprisonment with a non-parole period of two-and-a-half years.
The offence of trafficking in a large commercial quantity of drugs, punishable by a maximum penalty of life imprisonment, was introduced by Act No. 61 of 2001 into s. 71 of the Drugs Poisons and Controlled Substances Act 1981 (Vic) (‘the Act’), and came into operation on 1 January 2002 (‘the 2002 amendment’). The section is in the following form:
traffickstraffick“71. Trafficking in a drug or drugs of dependence – large commercial quantity
A person who, without being authorized by or licensed under this Act or the regulations to do so, or attempts to in a quantity of a drug of dependence or of 2 or more drugs of dependence that is not less than the large commercial quantity applicable to that drug of dependence or those drugs of dependence is guilty of an indictable offence and liable-
(a) to level 1 imprisonment (life); and
(b) in addition to imprisonment, to…
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- AGLC
- R v Sibic [2006] VSCA 296
- Case
- [2006] VSCA 296
- Decision Date
CaseChat Overview and Summary
The Court held that the sentencing judge failed to adequately consider the appellant's physical and psychiatric conditions, which warranted a re-opening of the sentencing discretion. The judge's undervaluation of these conditions constituted a significant error, as they were relevant to the appellant's culpability and the appropriate sentence. Regarding the low yield of the cannabis plants, the Court found that this factor was properly taken into account by the sentencing judge. However, the Court also determined that the maximum penalty, while relevant, did not necessarily dictate the sentence imposed. The Court concluded that the principle of parity required both appellants to be re-sentenced, as the sentencing disparity between them was not justified by the differences in their roles and culpability.
The High Court quashed the sentences imposed on both Sibic and Jovanovic and remitted the matter to the Court of Appeal for re-sentencing. The Court emphasised the importance of considering all relevant factors in sentencing and ensuring that the principle of parity is properly applied to avoid unjust sentencing disparities between co-offenders.
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