Full Court Minute Books

Case M3/2013

Barbaro v. The Queen

Case No.


Related matter

M1/2013 – Zirilli v. The Queen

Case Information

Lower Court Judgment

30/11/2012 Supreme Court of Victoria (Court of Appeal) (Maxwell P, Harper JA & T Forrest AJA)

[2012] VSCA 288


Criminal law – Sentencing – Crown submission on sentencing range – Appellants convicted of conspiracy to traffic in commercial quantity of controlled drug and sentenced to 26 years imprisonment – Trial judge refused to hear prosecution’s submission on appropriate sentencing range and imposed sentences higher than the range the prosecutor would have proposed – Whether trial judge erred in refusing to hear the prosecution’s submission on sentencing range – Whether refusal to hear prosecutions’ submission on sentencing range constitutes a denial of procedural fairness – Whether prosecution’s submission on sentencing range was a relevant consideration in sentencing – Whether R v MacNeil-Brown (2008) 20 VR 677 is good law.

Short Particulars


02/01/2013 Application for special leave to appeal

16/08/2013 Hearing (SLA, Melbourne)

23/09/2013 Chronology (Applicant)

26/09/2013 Amended written submissions (Applicant)

11/10/2013 Written submissions (Respondent)

25/10/2013 Reply

30/10/2013 Amended written submisssions (Director of Public Prosecutions (Victoria) seeking leave to intervene)

27/11/2013 Hearing (Full Court, Canberra) (Audio-visual recording)

12/02/2014 Judgment (Judgment summary)