Ramadan v The Queen; Boca v The Queen

[2011] VSCA 50

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Drug offences
4. › Trafficking in drugs of dependence
5. › Methylamphetamine
6. › Whether sentence manifestly excessive
7. › Relevance of quantity trafficked and role in distribution
1. Criminal Law
2. › Sentencing
3. › Delay
4. › Relevance of delay between offending and sentence
5. › Whether sentencing judge gave appropriate weight to delay and rehabilitation during delay period
1. Criminal Law
2. › Sentencing
3. › Parity
4. › Co-offenders sentenced together
5. › Whether disparity in sentences engendered justified sense of grievance
6. › Relevance of differences in quantity trafficked, age, timing of plea, and role in distribution
1. Criminal Law
2. › Sentencing
3. › Fresh evidence on appeal
4. › Illness affecting harshness of incarceration
5. › Serious cardiac condition not fully appreciated at time of sentence
6. › Whether sentence should be reduced

Quick Take

Fresh medical evidence revealing the hitherto unrealised extent of a prisoner's serious medical condition can warrant a grant of leave to appeal and a reduction in sentence, even where the condition was known to some extent at the time of sentencing. The legal custodians of prisoners have a duty to ensure access to medical care reasonably available to members of the wider community. The relevance of delay in sentencing lies in whether the prisoner has used the delay period profitably for rehabilitation, not in the explanation for the delay.