SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 910 of 2008
| THE QUEEN |
| v |
| DRAGAN STAMENKOVIC |
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JUDGES: | BUCHANAN JA, BONGIORNO and LASRY AJJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 28 July 2009 | |
DATE OF JUDGMENT: | 28 July 2009 | |
MEDIUM NEUTRAL CITATION: | [2009] VSCA 185 | |
JUDGMENT APPEALED FROM: | R v Stamenkovic | |
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CRIMINAL LAW — Sentencing — Settled presentment — Pleas of guilty to three drug offences — Trafficking and possession of different parcels — Alleged double punishment — s. 51, Interpretation of Legislation Act 1984
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| APPEARANCES: | Counsel | Solicitors |
| For the applicant | Mr. M. Kowalski | Balot Reilly |
| For the respondent | Ms. G. T. Cannon | Mr. C. Hyland, Solicitor for Public Prosecutions |
BUCHANAN JA:
I will ask Justice Bongiorno to deliver the first judgment.
BONGIORNO AJA:
Dragan Stamenkovic pleaded guilty on 7 November 2008 in the County Court to one count of trafficking in a drug of dependence (methyl-amphetamine), contrary to s. 71AC of the Drugs, Poisons and Controlled Substances Act 1981, two counts of possession of the same drug, contrary to s. 73(1) of the same Act, and five charges of dealing with property suspected of being the proceeds of crime, contrary to s. 195 of the Crimes Act 1958 (uplifted from the Magistrates’ Court pursuant to s. 359AA of that Act). The trafficking count carries a maximum of 15 years’ imprisonment, the possession counts each carry five years, and the summary offences each carry a maximum of two years’ imprisonment.
The sentencing judge imposed a sentence of 18 months in respect of count 1, three months in respect of counts 2 and 3, and one month in respect of each of the five summary offences. By cumulating one month of each of the sentences on counts 2 and 3 with that on count 1 and making all the sentences on the summary offences concurrent, a total effective sentence of 20 months was arrived at. His Honour fixed a non-parole period of 12 months.
The events giving rise to these offences occurred on 27 February 2007. On that date the applicant was arrested by police in Carlton whilst in possession of a trafficable quantity of methyl-amphetamine: 24.2 grams of 30 per cent pure methyl-amphetamine, being the drug referred to in count 1. This drug was found in a ‘Glad’ brand snap-lock bag within a carry bag in a motel room of which he was the occupier. In the same place another snap-lock bag was found containing 1.3 grams of 30 per cent methyl-amphetamine, the possession of which constituted count 2. Count 3 related to a further quantity, 0.2 grams of methyl-amphetamine of 25 per cent purity, found with some digital scales, also in the applicant’s possession. The proceeds of crime charges related to money and other items of property found in his possession at the same time.
The applicant has a long history of poly-substance abuse and an extensive criminal record, having amassed some 65 convictions, many of them for…
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- AGLC
- R v Stamenkovic [2009] VSCA 185
- Case
- [2009] VSCA 185
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court to decide was whether the sentences imposed on the appellant for the different offences amounted to double punishment, which would contravene section 51 of the Interpretation of Legislation Act 1984. This section prohibits a person from being twice punished for the same offence. The court had to consider the nature of the offences, the intent behind the legislation, and whether the sentences could be considered separate and distinct punishments for separate acts.
The court, in its reasoning, closely examined the language of the relevant legislation and the principles of statutory interpretation. It found that the offences, though interconnected, were distinct in their elements and the legal consequences they entailed. The court held that the sentences imposed did not amount to double punishment as they were for separate acts with different legal consequences. The court further noted that the intent behind section 51 of the Act was to prevent a person from being punished twice for the same act, not for multiple acts that were distinct in their legal characterisation. Consequently, the appeal was dismissed, and the sentences were upheld as lawful.
No additional orders were made by the court beyond the dismissal of the appeal and the affirmation of the sentences imposed by the lower court.
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