SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2015 0035
| ENEASI TAUMOEFOLAU |
| v |
| THE QUEEN |
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| JUDGES: | HANSEN, WHELAN and BEACH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 7 August 2015 |
| DATE OF JUDGMENT: | 25 August 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 221 |
| JUDGMENT APPEALED FROM: | [2014] VCC 1328 (Judge Gucciardo) |
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CRIME – Sentence – Trafficking offences – Drugs not distributed – Whether relevant in mitigation – DPP v Holder [2014] VSCA 61 explained – Harm (actual or potential) of particular conduct potentially a relevant matter – Application for leave to appeal granted – Not satisfied different sentence should be imposed – Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T Kassimatis | Valos Black & Associates |
| For the Respondent | Mr B F Kissane QC | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
HANSEN JA
WHELAN JA
BEACH JA:
Introduction
On 14 April 2014, the applicant pleaded guilty in the County Court to three charges of trafficking in a drug of dependence contrary to s 71AC of the Drugs, Poisons and Controlled Substances Act 1981. On 30 July 2014, the applicant pleaded guilty to the summary offence of possessing a prohibited weapon contrary to s 5AA of the Control of Weapons Act 1990. Following a plea hearing, on 18 August 2014, the applicant was sentenced as follows:
Charges on Indictment Offence Maximum Sentence Cumulation 1 Trafficking in a drug of dependence – Ecstasy [s 71AC of the Drugs, Poisons and Controlled Substances Act 1981] 15 Years
[s 71AC of the Drugs, Poisons and Controlled Substances Act 1981]
3 ½ years’ imprisonment Base 2 Trafficking in a drug of dependence –
Methylamphetamine
[s 71AC of the Drugs, Poisons and Controlled Substances Act 1981]
15 years
[s 71AC of the Drugs, Poisons and Controlled Substances Act 1981]
3 ½ years’ imprisonment 12 months 3 Trafficking in a drug of dependence – Cannabis
[s 71AC of the Drugs, Poisons and Controlled Substances Act 1981]
15 years
[s 71AC of the Drugs, Poisons and Controlled Substances Act 1981]
2 years’ imprisonment 6 months Summary Charge Possess Prohibited Weapon
[s 5AA of the Control of Weapons Act 1990]
2 years
[s 5AA of the Control of Weapons Act 1990]
2 months’
imprisonment
Nil
| Total Effective Sentence: | 5 years |
| Non-Parole Period: | 3 ½ years |
| Pre-Sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991: | 6 days |
| 6AAA Statement: 6 years’ imprisonment with a non-parole period of 4 ½ years. | |
| Other relevant orders: Forfeiture and Disposal Orders Forensic Procedure Sample Order | |
On 20 February 2015, the applicant filed an application for leave to appeal against his sentence. In that application, the applicant set out his proposed ground of appeal as follows:
1.The judge erred by sentencing the applicant on charge 2 on the basis that:
(a)trafficking is no less serious in respect of unsupplied drugs than in respect of those which are actually supplied to ultimate consumers and other traffickers;
(b)the…
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- AGLC
- Taumoefolau v The Queen [2015] VSCA 221
- Case
- [2015] VSCA 221
- Decision Date
CaseChat Overview and Summary
Orders
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Background
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Evidence
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