Director of Public Prosecutions [DPP] (Cth) v Afford, Steven [2017] VSCA 201

Judgment type: 
Victorian Court of Appeal
Maxwell ACJ, Priest JA, Beach JA

Director of Public Prosecutions [DPP] (Cth) v Afford, Steven

Judgment Date: 
10 August 2017

CRIMINAL LAW - Appeal - Sentence - Crown appeal - Importation of commercial quantity of heroin - Importation 1.61 times commercial quantity - Sentence of imprisonment of three years and two months, with non-parole period of two years - Whether manifestly inadequate - Intentional importation - Plea of not guilty - Respondent reckless as to whether substance was border controlled drug - Good prospects for rehabilitation - Sentence manifestly inadequate - Whether residual discretion should be exercised - Appeal allowed - Resentenced to imprisonment for 10 years, with non-parole period of seven years - Criminal Code 1995 (Cth) s307.1.

[2017] VSCA 201