R v Zeremes

[2003] QCA 255

SUPREME COURT OF QUEENSLAND

CITATION:	R v Zeremes & Zeremes [2003] QCA 255
PARTIES:	R v ZEREMES, Dimitri ZEREMES, Tina (applicants)
FILE NO/S:	CA No 135 of 2003 CA No 136 of 2003 SC No 361 of 2002 SC No 450 of 2002
DIVISION:	Court of Appeal
PROCEEDING:	Sentence Application
ORIGINATING COURT:	Supreme Court at Brisbane
DELIVERED EX	18 June 2003
TEMPORE ON:
DELIVERED AT:	Brisbane
HEARING DATE:	18 June 2003
JUDGES:	Davies and Williams JJA and Atkinson J Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:	In each case, application for leave to appeal against sentence dismissed
CATCHWORDS:	CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - SENTENCE - FACTORS TO BE TAKEN INTO ACCOUNT - CIRCUMSTANCES OF OFFENCE - where applicants pleaded guilty to drug related offences - where neither applicant had substantial previous criminal history - where applicants produced methylamphetamine in sophisticated and commercial laboratory - where applicants trafficking in methylamphetamine while on bail - where applicants co-operated with police in search - whether sentence imposed was manifestly excessive
COUNSEL:	A J Rafter for applicants S Bain for respondent
SOLICITORS:	N R Barbi for applicants Director of Public Prosecutions (Queensland) for respondent

DAVIES JA: These are applications against sentences imposed on each of the applicants in the Supreme Court on 9 April this year upon pleas of guilty by each of them. The applicant, Dimitri Zeremes pleaded guilty on two counts on one indictment, and one count on a second indictment. Count 1 was that between 1 January 2001 and 10 January 2001 he produced a dangerous drug, namely amphetamine. Count 2 was that between those dates he was in possession of things used in connection with producing that drug.

The count on the second indictment was that between 24 February 2001 and 9 August 2001, he trafficked in a dangerous drug which was also, as it turns out, amphetamine. On the offence of trafficking he was sentenced to seven years' imprisonment. On the production offence he was sentenced to three years' imprisonment. No further penalty was imposed in respect of the other offence. A recommendation for post prison community based release after three years was made, as also was a declaration that 606 days in custody from 10 August 2001 to 9 April 2003 was time already served under the sentence.

The applicant, Tina Zeremes was the first applicant's wife, Tina is 32. Neither has a substantial previous criminal history. Dimitri was sentenced for possession of a dangerous drug, possession of a pipe and some minor offences on 12 March 1997 and fined $780. No conviction was recorded on that occasion. Then on 26 September 1997 he was sentenced in respect of offences which included possession of a dangerous drug, possession of a thing used in connection with smoking a dangerous drug, and supplying a dangerous drug in respect of which he was convicted and fined $900.

pleaded guilty to each of the…