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Polos, Rayan v The King [2022] VSCA 258

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Priest and Niall JJA
Parties: 

Polos, Rayan v The King

Judgment Date: 
24 November 2022
Catchwords: 

CRIMINAL LAW - Extension of time - Leave to appeal - Sentence - Principle of totality - Applicant's parole cancelled as a result of commission of offences - Whether judge failed to take into account entire period of imprisonment for prior offending - Sentence properly moderated by principle of totality - Sentencing Act 1996, s 16(3B).

CRIMINAL LAW - Extension of time - Leave to appeal - Sentence - Gravity of offending - Applicant sentenced for trafficking in a drug of dependence in not less than a commercial quantity, among other offences - Whether gravity of offending assessed by reference to commercial quantity of pure methylamphetamine or mixture of methylamphetamine - No error in assessing gravity of offending by comparing proportion of mixture consisting of pure methylamphetamine with commercial quantity of pure methylamphetamine.

CRIMINAL LAW - Extension of time - Leave to appeal - Sentence - Applicant arranged for surrender of substantial number weapons to police - Whether discount for applicant's cooperation more than 'necessarily limited' - Discount for cooperation 'necessarily limited' on the basis that cooperation would not lead to any investigation or prosecution - Underlying fact accurate and not irrelevant to assessment of level and value of assistance - Extension of time refused.

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