SUPREME COURT OF QUEENSLAND
CITATION:
R v Slivo [2007] QCA 64
PARTIES:
R
v
SLIVO, Raid Mansour
(applicant)FILE NO/S:
CA No 344 of 2006
SC No 49 of 2006DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
9 March 2007
DELIVERED AT:
Brisbane
HEARING DATE:
5 March 2007
JUDGES:
McMurdo P, Holmes JA and Mackenzie J
Separate reasons for judgment of each member of the Court, each concurring as to the orders madeORDER:
Application refused
CATCHWORDS:
CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant pleaded guilty to trafficking in Schedule 1 and 2 dangerous drugs under the Drugs Misuse Act 1986 (Qld) – where applicant sentenced to 13 years imprisonment – where applicant contends sentence was manifestly excessive – whether sentencing Judge gave insufficient weight to plea of guilty – whether receiving the same sentence as co-accused gives rise to a “justifiable sense of grievance”
R v Bradforth [2003] QCA 183; CA No 423 of 2002, 9 May 2003, cited
R v George [2001] QCA 135; CA No 339 of 2000, 6 April 2001, cited
R v Matasaru [2000] QCA 246; CA No 24 of 2000, 19 June 2000, cited
R v Omer-Noori [2006] QCA 311; CA No 50 of 2006, 25 August 2006, considered
R v Raciti [2004] QCA 359; CA No 229 of 2004, 29 September 2004, citedCOUNSEL:
S Di Carlo for the applicant (pro bono)
M D Nicolson for the respondentSOLICITORS:
No appearance for the applicant
Commonwealth Director of Public Prosecutions for the respondent
McMURDO P: The application for leave to appeal against sentence should be refused for the reasons given by Holmes JA.
HOLMES JA: The applicant seeks leave to appeal against a sentence of 13 years imprisonment imposed on him on one count of trafficking in heroin, methylamphetamine, cocaine and 3,4‑methylenedioxymethamphetamine between 1 November 2003 and 13 April 2004. He had pleaded guilty to that charge, and also to six counts on an earlier indictment, which resulted in lesser, concurrent sentences. He makes no complaint in respect of those, but he contends that his sentence on the trafficking count was manifestly excessive, on two bases: that insufficient weight was given to his plea of guilty, which ought to have attracted a greater discount; and that his having received the same sentence as that imposed on a co-accused, Omer-Noori, gives rise to a “justifiable sense of grievance”.
The offences
The earlier indictment included four counts of supplying methylamphetamine to an undercover police officer, over a period of about a month in 2002. In those transactions, 21.988 grams of powder, containing 2.392 grams of methamphetamine, changed hands for $3010. The remaining counts were one count of possessing things used in connection with supplying dangerous drugs (scales and two mobile phones) and…
Continue reading R v Slivo
Sign in free to access the full text
- AGLC
- R v Slivo [2007] QCA 64
- Case
- [2007] QCA 64
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive. The applicant also sought to argue that the sentencing Judge did not appropriately consider the plea of guilty and that the parity of sentences between the applicant and the co-accused warranted a reconsideration of the sentence. The court had to evaluate the arguments presented by the applicant and determine whether the sentence was indeed excessive or if it was within the bounds of what could be considered appropriate given the nature of the offence.
In dismissing the application, the court held that the sentence was not manifestly excessive. The court acknowledged the seriousness of the offence and considered that the sentence reflected the gravity of the crime. Furthermore, the court found that the sentencing Judge had adequately considered the plea of guilty and that the parity of sentences did not inherently justify a reduction in the sentence. The court was satisfied that the sentence was proportionate to the offence and the circumstances surrounding it.
No orders were made in favour of the applicant. The application to reduce the sentence was refused.
Orders
Orders of the court
Application refused
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.