SUPREME COURT OF VICTORIA
COURT OF APPEAL
| THE QUEEN v GARRY LEIGH WRIGHT | No 109 of 2007 |
| THE QUEEN v ANTONIOS GABRIEL | No 110 of 2007 |
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JUDGES: | ASHLEY and KELLAM JJA and HANSEN AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 7 February 2008 | |
DATE OF ORDERS: | 7 February 2008 – Gabriel 22 February 2008 - Wright | |
DATE OF JUDGMENT: | 22 February 2008 | |
MEDIUM NEUTRAL CITATION: | [2008] VSCA 19 | |
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Criminal Law - Sentencing – Appellants Gabriel and Wright each pleaded guilty to trafficking ecstasy and amphetamine – Appellant Wright also pleaded guilty to trafficking cannabis – Co-offender pleaded guilty to trafficking a commercial quantity of ecstasy and trafficking amphetamine and cocaine – Co-offender’s extensive admissions to police resulted in him being sentenced on the basis of an 18 month period of offending – Wright made limited admissions to police and was sentenced on the basis of a four month period of offending – Gabriel made no admissions and was sentenced on the basis of a two month period of offending – Co-offender sentenced to total effective sentence of six years with non-parole period of four years – Appellants each sentenced to total effective sentence of four years with non-parole period of three years – Crown conceded specific error as judge failed to properly exercise discretion to take into account pecuniary penalty orders made against appellants - Whether sentences manifestly excessive – Parity – Whether appellants sentenced on facts admitted by co-offender but not admissible as against them - Extent of appellants’ prospects of rehabilitation – Further material as to rehabilitation provided on the appeal – Reduced non-parole appropriate in each case – Appeals allowed – Appellants re-sentenced to total effective sentence of four years with non-parole period of two and a half years – Sentencing Act 1991, s 5(2A).
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr T Gyorffy | Ms A Cannon, Solicitor for Public Prosecutions |
| For the Appellant Wright | Mr P J Billings | Criminal Defence Associates |
| For the Appellant Gabriel | Mr P G Priest Q C with Mr T Kassimatis | Revill & Papa Lawyers |
ASHLEY JA:
KELLAM JA:
HANSEN AJA:
Introduction
These are appeals against sentence by Garry Leigh Wright and Antonios Gabriel. They, together with a co-offender Wairau, were each sentenced to terms of imprisonment in the County Court at Ballarat on 18 April 2007, having pleaded guilty to several counts of drug trafficking on a single presentment. Wright and Gabriel, who were aged 25 and 27 years respectively at the time of sentence, appeal pursuant to leave granted by a judge of this Court under s 582 of the Crimes Act 1958.
Wairau pleaded guilty to counts 1, 2 and 3 on the presentment, namely trafficking in a commercial quantity of ecstasy, trafficking amphetamine, and trafficking cocaine. He was sentenced to five years’ imprisonment on count 1, three and a half years on count 2, and six months on count 3, with orders for cumulation resulting in a total effective sentence of six years’…
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- AGLC
- R v Wright; R v Gabriel [2008] VSCA 19
- Case
- [2008] VSCA 19
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentences were manifestly excessive, whether parity was appropriately considered in sentencing the appellants, and whether the appellants were sentenced based on facts admitted by the co-offender but not admissible as against them. Additionally, the court considered the extent of the appellants' prospects of rehabilitation, especially in light of further material provided on appeal. The court examined whether the sentences imposed were appropriate given the circumstances and the nature of the offending. It also had to consider whether the sentences adequately reflected the differences in the appellants' roles and admissions in relation to the offending.
The court found that the original sentences were manifestly excessive and did not adequately reflect the differences in the appellants' roles and admissions. The court held that the sentences should have taken into account the pecuniary penalty orders made against the appellants, which the judge had failed to do. Furthermore, the court found that the appellants were sentenced based on facts admitted by the co-offender, which were not admissible as against them, and that this impacted the overall sentencing process. The court also considered the appellants' prospects of rehabilitation, particularly in light of the additional material provided on appeal. As a result, the court reduced the non-parole periods in each case to reflect the appropriate level of punishment. The appeals were allowed, and the appellants were re-sentenced to a total effective sentence of four years, with a non-parole period of two and a half years each.
The court's decision underscores the importance of properly considering all relevant factors in sentencing, including pecuniary penalty orders, the role and admissions of each offender, and prospects of rehabilitation. The court's ruling also highlights the need for parity in sentencing to ensure that similar offences are punished appropriately in relation to each offender's involvement. The reduced sentences reflect a more balanced approach to the appellants' circumstances and the nature of their offending.
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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