Sharbell, Edmond v The Queen [2018] VSCA 324

CRIMINAL LAW, NATURAL JUSTICE, EVIDENCE
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Maxwell P and Niall JA
Parties: 

Sharbell, Edmond v The Queen

Judgment Date: 
6 December 2018
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - Attempt - Impossibility - Attempt to traffick commercial quantity of 1,4-butanediol - Firearms offences - Driving whilst disqualified, dealing with property suspected of being proceeds of crime - Sentence of 5 years and 3 months' imprisonment - Whether culpability reduced because product unsaleable - Whether judge took into account plea of guilty - Whether judge took into account likely effect of incarceration on applicant's psychological state - Whether sentence manifestly excessive - Changed sentencing practice for trafficking commercial quantity - Gregory (a pseudonym) v The Queen [2017] VSCA 151 applied - Application refused.

NATURAL JUSTICE - Procedural fairness - Defence counsel submitted non-custodial penalty appropriate - Judge imposed custodial penalty - Whether judge obliged to warn of risk of custodial penalty - No denial of procedural fairness.

EVIDENCE - Expert evidence - Evidence of mental functioning - Report from forensic psychologist - Late filing of report - Plea submissions focused on physical injuries - No development of Verdins submission - No sentencing error - Importance of compliance with Practice Note - Practice Note No 1 of 2017, Sentencing Hearings: Expert Reports on Mental Functioning of Offender.

Citation: 
[2018] VSCA 324