SUPREME COURT OF VICTORIA
COURT OF APPEALS APCR 2010 0409
SCOTT WILLIAM WILSON Applicant v THE QUEEN Respondent S APCR 2011 0007
DIRECTOR OF PUBLIC PROSECUTIONS Appellant v RAYMOND SASSINE Respondent S APCR 2010 0437
DIRECTOR OF PUBLIC PROSECUTIONS Appellant v STELLIOS KALAKIAS Respondent S APCR 2010 0461
VICKI WILSON Applicant v THE QUEEN Respondent ---
JUDGES MAXWELL P, WEINBERG JA and COGHLAN AJA WHERE HELD MELBOURNE DATE OF HEARING 7 November 2011 DATE OF JUDGMENT 29 June 2012 MEDIUM NEUTRAL CITATION [2012] VSCA 141 JUDGMENTS APPEALED FROM DPP (Vic) v Kalakias, S Wilson & Ors (Unreported, County Court of Victoria, Judge Lawson, 5 November 2010)
DPP (Vic) v V Wilson (Unreported, County Court of Victoria, Judge Lawson, 29 November 2010)
DPP (Vic) v Sassine (Unreported, County Court of Victoria, Judge Lawson, 16 December 2010)---
CRIMINAL LAW – Appeal – Sentence – Manufacturing and trafficking of MDMA, methylamphetamine and cocaine – Counts of trafficking in large commercial quantity and commercial quantity – Possess drug of dependence – Possess pill press – Handle stolen goods – Co-offenders – Two offender appeals – Whether sentences manifestly excessive – Two Crown appeals – Whether sentences manifestly inadequate – Objective gravity – General deterrence – Trafficking sentences ‘extraordinarily lenient’ – Parity – Constraints imposed on resentencing by unappealed sentence – Procedural fairness – Verdins principles applicable – Appeals allowed – Offenders resentenced – Drugs, Poisons and Controlled Substances Act 1981 (Vic) ss 71, 71AA, 71AC, 71A, 71C, 73(1).
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Appearances: Counsel Solicitors
For the Applicant, S Wilson Mr D A Dann Randles, Cooper & Co Pty Ltd
For the Respondent, Sassine Mr P F Tehan QC with
Ms K BlairPatrick Dwyer For the Respondent, Kalakias Mr C B Boyce Andrianakis & Associates
For the Applicant, V Wilson Mr J McLoughlin Victorian Legal Aid For the Crown
Mr P B Kidd SC
Mr C Hyland, Solicitor for Public Prosecutions
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MAXWELL P
WEINBERG JA
COGHLAN AJA:1 In 2007, Victoria Police commenced an investigation into the manufacturing and trafficking of MDMA (‘ecstasy’) and methylamphetamine, and the trafficking of cocaine, in Melbourne’s northern suburbs. That investigation resulted in the arrest, conviction and sentencing of a large number of individuals.
2 These appeals concern the sentences imposed on four of those involved. In two cases, the offender seeks leave to appeal against sentence; in the other two, the Director has appealed against the inadequacy of the sentence. For reasons which follow, we have concluded that each of the applications should be granted and each of the Director’s appeals should succeed. Annexure A to these reasons is a table which sets out, for each of the four individuals, both the original sentence and the resentencing which we propose.
3 Before we deal with the grounds of appeal in each of the separate appeals, it is necessary to set out a summary of the offending. This summary is taken from the Crown opening, which was the basis of the sentencing in each case.…
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- AGLC
- R v Wilson & Ors [2012] VSCA 141
- Case
- [2012] VSCA 141
- Decision Date
CaseChat Overview and Summary
The court found that the sentences imposed on the appellants were manifestly excessive. The court held that the sentences did not reflect the objective gravity of the offending and did not provide sufficient general deterrence. The court further found that the trafficking sentences were 'extraordinarily lenient'. In terms of the Crown's appeals, the court found that the sentences imposed on the co-offenders were manifestly inadequate. The court held that the sentences did not reflect the objective gravity of the offending and did not provide sufficient general deterrence. The court also found that the sentences did not provide adequate parity between the co-offenders.
The court noted the constraints imposed on resentencing by the unappealed sentence of the co-offender and the need for procedural fairness. The court applied the Verdins principles and allowed the appeals. The offenders were resentenced. The court held that the objective gravity of the offending required sentences that reflected the serious nature of the crimes committed. The court also held that the sentences needed to provide adequate general deterrence and ensure parity between co-offenders. The court took into account the constraints imposed by the unappealed sentence and the need for procedural fairness in reaching its decision.
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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