SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2014 0112 | |
| ANTONIO SERGI | Appellant |
| v | |
| DIRECTOR OF PUBLIC PROSECUTIONS (COMMONWEALTH) | First Respondent |
| and | |
| DIRECTOR OF PUBLIC PROSECUTIONS (VICTORIA) | Second Respondent |
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JUDGES: | MAXWELL P, REDLICH and BEACH JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 4 June 2015 | |
DATE OF JUDGMENT: | 21 July 2015 | |
MEDIUM NEUTRAL CITATION: | [2015] VSCA 181 | |
JUDGMENT APPEALED FROM: | DPP v Sergi (Unreported, County Court of Victoria, Judge Montgomery, 13 May 2014) | |
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CRIMINAL LAW – Appeal – Sentence – Trafficking in a commercial quantity of a controlled drug contrary to s 302.2(1) of the Criminal Code (Cth) – Sentenced to 9 years' imprisonment with non-parole period of 7 years – Trafficking in a drug of dependence (large commercial quantity) contrary to s 71 of the Drugs Poisons and Controlled Substances Act 1981 (Vic) – Sentenced to 7 years' imprisonment with non-parole period of 5 years – State sentence ordered to commence 5 years after commencement of Commonwealth sentence – Total effective sentence of 12 years with appellant required to serve 10 years before being eligible for parole – Whether sentence manifestly excessive – Whether non-parole period of Commonwealth sentence manifestly excessive – Whether order for cumulation manifestly excessive – Delay – Delay during period where appellant changed plea to not guilty – Consequences of delay – State offence committed while on bail for Commonwealth offence – Totality – Sentence not manifestly excessive – Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr D D Gurvich | Emma Turnball Lawyers |
| For the First Respondent | Mr L K Crowley | Director of Public Prosecutions (Cth) |
| For the Second Respondent | Mr B F Kissane QC | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
MAXWELL P
REDLICH JA
BEACH JA:
On 29 April 2014, the appellant, who had previously pleaded guilty to one charge of trafficking a commercial quantity of a controlled drug (MDMA), contrary to s 302.2(1) of the Criminal Code Act 1995 (Cth), was arraigned and pleaded guilty to one charge of possessing a drug of dependence (MDMA) contrary to s 73 of the Drugs, Poisons and Controlled Substances Act 1981 and one charge of trafficking in a drug of dependence (MDMA) in a quantity not less than the large commercial quantity applicable to that drug, contrary to s 71 of the Drugs, Poisons and Controlled Substances Act 1981. In addition, the applicant consented to the uplifting of, and pleaded guilty to, two summary charges, namely possessing cartridge ammunition while not being the holder of a licence under the Firearms Act 1996 and driving a motor vehicle while his authorisation to do so was suspended.
Following a plea hearing in relation to all charges, the appellant was sentenced on 13 May 2014 as follows:
Commonwealth indictment
Count No
Count
Statutory Maximum
Sentence
Cumulation
1 Trafficking in a commercial quantity of a controlled drug (MDMA)
[Criminal Code 1995 (Cth) s 302.2(1)]Life imprisonment and/or 7500 penalty units 9 years’ imprisonment Commences 13 May 2014 Total effective sentence 9…
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- AGLC
- Sergi v DPP (Cth) [2015] VSCA 181
- Case
- [2015] VSCA 181
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentence was manifestly excessive and whether the delay in the proceedings, which occurred when the appellant changed his plea to not guilty, warranted a reduction in sentence. The court also examined the impact of the state offence being committed while the appellant was on bail for the Commonwealth offence. The court found that the sentence was not manifestly excessive, taking into account the totality of the appellant's offending, which involved trafficking in a large quantity of a controlled drug, and the need to deter such conduct. The court also found that the delay did not warrant a reduction in sentence, as the appellant had not demonstrated that he was prejudiced by the delay. The appeal was dismissed.
The court did not order any specific relief for the appellant but dismissed the appeal against his sentence. The appellant remained subject to the original sentence imposed by the courts.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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