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Said, Omid v The Queen [2020] VSCA 178

Victorian Court of Appeal
Beach, Emerton and Weinberg JJA

Said, Omid v The Queen

Judgment Date: 
1 July 2020

CRIMINAL LAW - Appeal - Conviction - Trafficking in a drug of dependence - Arson - Conspiracy to commit arson - Attempt to possess firearm while prohibited person - Common assault - Handling stolen goods - Plea of guilty to attempt to possess firearm said to be negated because, upon admitted facts, as set out in prosecution summary, applicant could not, in law, be guilty of offence - Acceptance during plea hearing as to accuracy and adequacy of summary with regard to charge of attempt to possess firearm - Plea of guilty to be given its ordinary effect - Leave to appeal against conviction refused.

CRIMINAL LAW - Appeal - Sentence - Total effective term of 14 years' imprisonment with non-parole period of 10 years - Sentence of 7 years and 3 months on charge of arson - Sentence conceded to be stern - Whether sentence manifestly excessive - Grave offending - Warring motorcycle gangs - Sentence within range - Leave to appeal against sentence refused.