Tarasinski v The King

Case [2025] VSCA 162


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2025 0027

BENJAMIN TARASINSKI

Applicant
v
THE KING Respondent

---

JUDGE: Kidd JA
WHERE HELD: Melbourne
DATE OF HEARING: 03 May 2025
DATE OF JUDGMENT: 10 July 2025
MEDIUM NEUTRAL CITATION: [2025] VSCA 162
JUDGMENT APPEALED FROM: DPP v Tarasinski [2024] VCC 1721 (Judge Cannon)

---

CRIMINAL LAW – Sentence – Application for leave to appeal – Trafficking in a drug of dependence – Possession of a drug of dependence – Prohibited person possess firearm – Knowingly deal in proceeds of crime – Where offending committed on parole – Whether cumulation orders amounted to double punishment – Whether sentencing judge erred in approach to totality – Whether sentencing judge erred in consideration of drug quantity – Whether sentence was manifestly excessive – No error in sentencing judge’s approach – Sentence not manifestly excessive in the circumstances – Leave refused.

DPP v Bowen (2021) 65 VR 385; Nguyen v The Queen [2019] VSCA 184; DPP v Pham (2015) 256 CLR 550; Velevski v The Queen [2010] VSCA 90; Zarghami v The Queen [2020] VSCA 74, referred to.

Clarkson v The Queen (2011) 32 VR 361; DPP v Johnson (2011) 35 VR 25; Einfeld v The Queen (2010) 200 A Crim R 1; Hogan v The King [2025] VSCA 142; Johnson v The Queen [2022] VSCA 228; Lago v The Queen [2015] NSWCCA 296; Pearce v The Queen (1998) 194 CLR 610; DPP v Kelly [2018] NSWCCA 44; R v Pidoto (2006) 14 VR 269; The Queen v Ververis [2010] VSCA 7; Wong v The Queen (2001) 207 CLR 584, applied.

Sentencing Act 1991, s 16(3B).

---

Counsel

Applicants: Mr C Hooper
Respondent: Mr L McAuliffe

Solicitors

Applicants: A Valos, Ann Valos Criminal Law
Respondent: A Hogan, Office of Public Prosecutions

KIDD JA:

  1. On 30 October 2024, the applicant was sentenced in the County Court of Victoria following his plea of guilty as follows:

Charge on Indictment

Offence

Max Penalty

Sentence

Cumulation

1 Prohibited Person Possess a Firearm 10 years 15 months 3 months
2 Traffick Drug of Dependence 15 years 3 years Base
3 Possess a Drug of Dependence 5 years 6 months
4 Possess a Drug of Dependence 5 years 6 months
5 Possess a Drug of Dependence 5 years 6 months
6 Knowingly Deal with Proceeds of Crime 15 years 12 months 6 months

Related Summary Offences

2 Possess Cartridge Ammunition without Licence / Permit 40 penalty units $500 fine N/A
9 Breach Prescribed Term / Condition of Parole 30 penalty units or 3 months 2 months
Total Effective Sentence: 3 years and 9 months
Non-Parole Period: 18 months
Pre-sentence Detention Declared: 35 days
Section 6AAA Statement:

Total Effective Sentence 5 years

Non-Parole Period 3 years

Other Relevant Orders: Forfeiture and disposal orders

The proposed grounds of appeal

  1. The applicant now seeks leave to appeal against his sentence on four grounds, namely:

    (1)the learned…

Continue reading Tarasinski v The King

Sign in free to access the full text

Details
AGLC
Tarasinski v The King [2025] VSCA 162
Case
[2025] VSCA 162
Decision Date

CaseChat Overview and Summary

Tarasinski sought leave to appeal against his sentence for drug trafficking, possession of a drug of dependence, possession of a firearm while being a prohibited person, and dealing in the proceeds of crime. The application was heard in the Victorian Court of Appeal. The central issues before the court were whether the sentencing judge erred in their approach to the totality principle, the consideration of drug quantity, and the cumulation of orders, as well as whether the sentence was manifestly excessive.

The court held that there was no error in the sentencing judge's approach to the totality principle, and the sentence was not manifestly excessive given the circumstances. The court found that the sentencing judge appropriately considered the totality of Tarasinski's offending and imposed a sentence that reflected the cumulative effect of his crimes. Regarding the consideration of drug quantity, the court noted that the sentencing judge had taken into account the quantity of drugs involved, but the overall sentence was not considered excessive. The court also found that the cumulation of orders did not amount to double punishment, as each order was necessary to address a separate aspect of Tarasinski's offending.

Consequently, the court refused leave to appeal, affirming the sentence imposed by the trial judge. The decision emphasised the importance of considering the totality of a defendant's offending and the need for sentences to reflect the seriousness of the crimes committed.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.