R v Violi

In *R v Violi*, the Court of Criminal Appeal of South Australia considered an appeal against sentences imposed on the respondent for drug trafficking and firearm offences. The dispute centred on whether the sentences for these distinct offences should be served concurrently or cumulatively.

The primary legal issue before the Court was whether the sentencing judge had erred in ordering that the sentences for the drug trafficking and firearm offences be served cumulatively, rather than concurrently. This involved determining the appropriate approach to sentencing when an offender commits both drug offences and offences involving the possession of firearms.

The Court reasoned that there is a deliberate choice involved in engaging in both drug trafficking and the possession of firearms, as these activities are not inherently linked. Drug trafficking can occur without firearms, and firearms can be possessed by individuals not involved in the drug trade. Consequently, the Court held that there is little justification for ordering concurrency between sentences for these offences, particularly given the need for strong deterrence against the illegal possession of firearms by drug traffickers. The Court concluded that the sentencing judge had not erred in ordering cumulative sentences and that the total sentence was not manifestly excessive.

The appeal was dismissed, with all members of the Court agreeing with the reasons provided by Kourakis CJ.