SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2010 0083
| LEANNE ELIZABETH WALKER | |
| Applicant | |
| v | |
| THE QUEEN | Respondent |
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JUDGES: | HARPER and HANSEN JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 2 August 2011 | |
DATE OF JUDGMENT: | 2 August 2011 | |
MEDIUM NEUTRAL CITATION: | [2011] VSCA 230 | |
JUDGMENT APPEALED FROM: | DPP v Walker (Unreported, County Court of Victoria, Judge Hampel, 23 March 2010) | |
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CRIMINAL LAW – Sentence – Two counts of trafficking in a drug of dependence – Plea of guilty – Applicant sentenced to total effective sentence of four years' imprisonment with a non‑parole period of 2 years – Election following refusal of leave to appeal – Whether sentencing judge erred in not finding a nexus between the applicant’s mental state and offending – Whether sufficient weight given to mitigating factors – Whether sentence manifestly excessive – Parity – Application for leave to appeal refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T Kassimatis | Valos Black & Associates |
| For the Crown | Mr M Roper | Mr C Hyland, Solicitor for Public Prosecutions |
HARPER JA:
This application for leave to appeal follows an earlier refusal by Maxwell P to grant such leave. The earlier application was determined on the papers. Pursuant to s 315(2) of the Criminal Procedure Act 2009, the matter now comes before a bench of two.
The applicant pleaded guilty in the County Court to two charges of trafficking in a drug of dependence contrary to s 71AC of the Drugs, Poisons and Controlled Substances Act 1981. The maximum penalty for this offence is 15 years’ imprisonment. On 23 March 2010 she was sentenced to four years’ imprisonment on each count to be served concurrently. The total effective sentence was therefore four years' imprisonment. It was ordered that she serve two years before being eligible for parole.
The trafficking occurred over a five month period between 7 April 2008 and the following 16 September in Warrnambool and the surrounding area. The applicant ran the operation. She not only negotiated with her drug supplier, a man based in Melbourne and named Bill Nikolakos, but also chose how the drugs were distributed, how the money was collected and the nature of the transactions. In addition, she recruited those involved, three of whom were her daughters and their partners. Two of those daughters are sufficiently young to have been dealt with in the Children's Court.
The applicant also kept careful records of the trafficking transactions. The amount found by the police to have been made by her over the five months of her offending totalled $128,000. The judge was satisfied that it was a sophisticated operation.
The applicant raised three proposed grounds of appeal:
(a) the sentencing judge erred in not finding a nexus between the applicant’s mental impairment and the offending such that her moral culpability was reduced;
(b)the sentencing judge failed to give adequate weight to the mitigating factor of the applicant’s history of abuse and repeated trauma; and
(c)the sentence was manifestly excessive having regard…
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- AGLC
- Walker v The Queen [2011] VSCA 230
- Case
- [2011] VSCA 230
- Decision Date
CaseChat Overview and Summary
The High Court reviewed the sentencing judge's decision and found that no error was made in not finding a nexus between Walker's mental state and his offending. The court held that the sentencing judge correctly assessed the mitigating factors and gave them appropriate weight. The court also determined that the sentence was not manifestly excessive, taking into account the nature and circumstances of the offending. Furthermore, the court found that the sentence was in line with other sentences for similar offences, and no parity issues were identified.
In light of the court's findings, the High Court dismissed Walker's application for special leave to appeal. The court held that the sentencing judge's decision was not affected by any error or omission, and the sentence imposed was appropriate in the circumstances. The court found no basis to interfere with the sentence and thus refused the application for leave to appeal.
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