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Diler, Burak v The Queen [2019] VSCA 271

Victorian Court of Appeal
Priest and Hargrave JJA

Diler, Burak v The Queen

Judgment Date: 
21 November 2019

CRIMINAL LAW - Appeal - Sentence - Trafficking in drug of dependence - Carrying on business of being a firearms dealer without licence - Possessing firearm while prohibited person - Total effective sentence of four years and six months' imprisonment - Non-parole period of two years - Acting as 'middleman' in sale of sawn-off shotgun - No reasonable prospect court would reduce total effective sentence despite apparent error in allocating cumulation between firearms offences - Manifest excess - Serious offences - Prior convictions for drug trafficking and possession of firearm while a prohibited person - History of non-compliance with CCOs - Offending occurred while on bail and subject to CCO - Leave to appeal refused - Criminal Procedure Act 2009 s 280(1)(b).