Ramezanian v The Queen

(2013) 37 VR 92; [2013] VSCA 71

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Fresh evidence
5. › Events occurring after sentence
6. › Whether fresh evidence demonstrates true significance of facts existing at time of sentence
7. › Whether different sentence should be substituted to avoid miscarriage of justice
1. Criminal Law
2. › Sentence
3. › Mitigating factors
4. › Family hardship
5. › Exceptional circumstances test
6. › Whether family hardship caused by imprisonment of offender constitutes exceptional circumstances warranting exercise of mercy
7. › Crimes Act 1914 (Cth), s 16A(2)(p)
1. Criminal Law
2. › Sentence
3. › Mitigating factors
4. › Hardship of imprisonment to offender
5. › Effect on offender of hardship caused to family members
6. › Whether increased burden of imprisonment is conventional mitigating factor not subject to exceptional circumstances limitation
1. Criminal Law
2. › Sentence
3. › Commonwealth offences
4. › Importing marketable quantity of border controlled substance
5. › Criminal Code (Cth), ss 307.2(1), 307.10(1), 314.4(1)

Quick Take

A child's diagnosis with a life-threatening illness (leukaemia) on the day of sentencing, where the offender is the primary carer, can constitute exceptional circumstances warranting departure from the principle that family hardship is ordinarily disregarded in sentencing. The effect on the offender of hardship caused to family members by imprisonment is a separate conventional mitigating factor not subject to the exceptional circumstances limitation.