Velevski v the Queen

The case of Velevski v the Queen involved the defendant, Velevski, who was convicted of trafficking in different drugs of dependence in commercial quantities. The dispute centred on the sentencing, specifically whether the lesser role of Velevski in the trafficking activities warranted a lesser sentence in comparison to more dominant participants. The High Court of Australia was tasked with determining the appropriate sentence and whether the disparity between the sentences imposed for different drugs warranted review.

The legal issues before the court involved the principles of parity in sentencing, the relevance of the defendant’s role in the trafficking activities, and the appropriateness of the sentence in relation to the nature and quantity of the drugs involved. The court had to consider whether the sentences imposed for trafficking different drugs on different dates should be treated equivalently and if there was a need to adjust the sentences to reflect the defendant's lesser involvement.

In its decision, the court noted that while Velevski played a lesser role in the trafficking, the nature of the crimes and the quantities involved warranted significant sentences. The court found that the sentences of 4½ years' imprisonment for each count were appropriate, given the commercial scale of the trafficking and the absence of a relevant distinction in criminality between the single date count and the between dates count. The court held that the sentences were consistent with the need to deter such activities and to reflect the seriousness of the offences.

The final orders confirmed the sentences of 4½ years' imprisonment for each count, totalling nine years, with the possibility of parole after serving two-thirds of the sentence. The court's reasoning underscored the importance of considering the totality of the circumstances, including the scale of the trafficking and the specific role of the defendant, in determining an appropriate sentence.