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McKenzie v The Queen [2018] VSCA 34

appeal against sentence — importing a commercial quantity of a border controlled drug offence contrary to s 307.1(1) of Commonwealth Criminal Code — state offences — original sentence imposed 20 years’ imprisonment with 16 year non-parole period — offender appealed both federal and state sentences — commencement of federal sentence — s 19(3)(d) — state non-parole period will have been served 967 days before commencement date of federal sentence — sentence in breach of s 19(3)(d) — application of state sentencing principles — offender was sentenced as a serious drug offender for federal and state offences — federal charge is a drug offence and may be used as a qualifying offence for person being sentenced for Victorian drug offence — serious offender provisions of the Sentencing Act 1991 (Vic) do not apply to federal offences — sentencing judge erred in sentencing offender as serious offender in relation to federal charge — appeal allowed — offender resentenced to 18 years’ imprisonment with 14 year non-parole period
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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