SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0082
| SHAHROUZ SHAHBAZI | Applicant |
| V | |
| THE QUEEN | Respondent |
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| JUDGES: | KAYE and McLEISH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 16 November 2016 |
| DATE OF JUDGMENT: | 16 November 2016 |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 270 |
| JUDGMENT APPEALED FROM: | DPP (Cth) v Kazemi and Shahbazi [2016] VCC 431 (Judge Lawson) |
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CRIMINAL LAW – Appeal – Sentence – Parity – Applicant and co-offender pleaded guilty to two charges of importation of marketable quantity of border controlled drug (methylamphetamine) – Whether open to judge to impose different sentences on applicant and co-offender – Guilty pleas – Relevantly similar personal circumstances – Different roles – Applicant organising importation with contacts in Iran – Co-offender arranging safe house in Australia – Principle of parity not infringed – Application for leave to appeal refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P Morrissey SC | Garde Wilson Lawyers |
| For the Respondent | Mr B Stevens | Solicitor for Public Prosecutions (Cth) |
KAYE JA:
McLEISH JA:
On 15 October 2015, the applicant and his co-offender Hadi Kazemi (‘Kazemi’) each pleaded guilty to two charges of importing a commercial quantity of a border controlled drug, methamphetamine, contrary to subsection 307.1(1) of the Criminal Code 1995 (Cth). On 14 April 2016, the applicant was sentenced to an aggregate term of 8 years and 6 months’ imprisonment, with a non-parole period of 5 years and 6 months on both charges. Kazemi was sentenced on the same charges to an aggregate term of 7 years’ imprisonment with a non-parole period of 4 years.[1] The applicant seeks leave to appeal on the ground that the disparity in sentences between himself and Kazemi was not reasonably open in all the circumstances.
[1]DPP (Cth) v Kazemi and Shahbazi [2016] VCC 431 (‘Reasons’).
Circumstances of the offending
The applicant and Kazemi were charged in relation to a joint enterprise to import a commercial quantity of methamphetamine into Australia in two successive consignments. The total net weight of pure methamphetamine imported in those consignments was 3.3 kilograms. The estimated wholesale value was between $820,000 and $902,000. The estimated street value is more than $4,000,000.
Charge 1 related to the period between 10 October 2014 and 19 December 2014. On 11 December 2014, a brown Pierre Cardin suitcase containing clothes and shoes arrived in Australia from Armenia. Under the lining of the suitcase were four hard plastic panels, underneath which was 2,138.7 grams of methamphetamine of 79.1 percent purity. The total net weight of the consignment was 1.69 kilograms pure methamphetamine.
Charge 2 related to the period between 10 October 2014 and 20 December 2014. On 20 December 2014, a black Pierre Cardin suitcase, containing clothes and shoes, arrived in Australia. As with the consignment that was the subject of charge 1, under the lining of the suitcase were four hard plastic panels, underneath which was 2,008 grams of methamphetamine with a purity of 80.3 percent. The net weight of the pure methamphetamine was 1.61 kilograms.
The…
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- Case
- [2016] VSCA 270
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to resolve was whether the trial judge was correct in imposing different sentences on Shahbazi and his co-offender, given their respective roles and the principle of parity in sentencing. The applicant contended that the principle of parity required equal sentences for similarly situated offenders. However, the court needed to examine whether the roles played by each offender and the extent of their involvement warranted differing sentences. The court also considered whether the judge's sentence reflected an appropriate balance between deterrence, retribution, and the personal circumstances of the offenders.
The court ruled that the trial judge was not bound by the principle of parity to impose identical sentences on Shahbazi and his co-offender. It was established that while the principle of parity ensures fairness in sentencing, it does not require identical sentences for all offenders. The judge had appropriately considered the differing roles and levels of involvement of each offender in the crime. Shahbazi's role as the orchestrator of the importation, which involved significant planning and international coordination, justified a harsher sentence compared to his co-offender, who played a more peripheral role. Consequently, the court held that the trial judge's decision to impose different sentences did not infringe the principle of parity, and the application for leave to appeal was dismissed.
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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