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Barbaro, Pasquale v The Queen [2021] VSCA 277

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Kaye and T Forrest JJA
Parties: 

Barbaro, Pasquale v The Queen

Judgment Date: 
7 October 2021
Catchwords: 

CRIMINAL LAW - Appeal pursuant to leave - Sentence - Appellant pleaded guilty to trafficking in a commercial quantity of a drug of dependence (MDMA), trafficking in a drug of dependence (cannabis), trafficking in a drug of dependence (methylamphetamine), possessing a registered general category handgun without a licence, and related summary charges - Total effective sentence 7 years and 10 months' imprisonment with non-parole period of 5 years - Error by judge as to applicability of provisions of Sentencing Act 1991 - Error by judge as to size of commercial quantity of Cannabis L - Whether errors materially affected exercise of sentencing discretion - Whether judge erred in not taking into account appellant's dysfunctional upbringing and limited intellect as relevant mitigating circumstances - Whether sentence manifestly excessive - Appeal allowed - Resentenced to 5 years' imprisonment non-parole period of 2 years and 9 months - Bugmy v The Queen (2013) 249 CLR 571, Director of Public Prosecutions v Drake [2019] VSCA 293 applied - Sentencing Act 1991 ss 5(2H), 5(2HC).

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