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Dukic, Sasa v The Queen [2021] VSCA 18

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Ferguson CJ and Beach JA
Parties: 

Dukic, Sasa v The Queen

Judgment Date: 
11 February 2021
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - Trafficking in large commercial quantity of drug of dependence - Applicant sentenced to 11 years' imprisonment - Sentencing judge purported to sentence applicant as serious drug offender under pt 2A of Sentencing Act 1991 - Error corrected before sentence recorded in court records - Sentencing judge withdrew comments about pt 2A of Sentencing Act 1991 - Length of sentence unchanged - Whether sentenced on basis that community protection was principal purpose for sentence - Whether sentencing judge erred in failing to re-sentence applicant to lesser term of imprisonment - Applicant not sentenced on basis that community protection principal sentencing purpose - No vitiating error - Leave to appeal refused - Sentencing Act 1991 pt 2A - Director of Public Prosecutions (Cth) v Guest [2014] VSCA 29, R v Beary (2004) 11 VR 151, Gillespie (a pseudonym) v The Queen [2018] VSCA 151 applied.

CRIMINAL LAW - Appeal - Sentence - Multiple offences - Whether sentence of 11 years' imprisonment for trafficking in large commercial quantity of drug of dependence manifestly excessive - Whether total effective sentence of 11 years and 10 months' imprisonment manifestly excessive - Standard sentence - Sentences not beyond the available range - Sentencing judge considered all relevant matters - No error disclosed - Leave to appeal refused.

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