Event and Time
Event Description
On 27 September 1999, Dragan Arnautovic was found guilty by a jury of trafficking a commercial quantity of heroin. He was sentenced to 12 years in prison on 13 October 1999, with a non-parole period of nine years, and classified as a serious drug offender. The applicant later abandoned his conviction appeal but sought to appeal his sentence due to claims regarding his representation by barrister Nicola Gobbo, identified as a police informer.
Application and Claims
- Arnautovic applied for leave to appeal his conviction under section 326A of the Criminal Procedure Act 2009 (CPA).
- Proposed grounds for appeal:
1. Nicola Gobbo’s conduct caused a miscarriage of justice: - Deprivation of competent and independent counsel. - Breach of professional duties to the applicant. 2. Use of Gobbo by Victoria Police constituted an abuse of process. 3. Non-disclosure of Gobbo’s informer status denied a fair trial.
Judicial Decisions
- The court dismissed the sentence appeal but corrected the record regarding Arnautovic's classification as a 'serious drug offender'.
- A directions hearing led to the identification and referral of issues to the Trial Division of the Court for consideration under section 319A of the CPA.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Gobbo’s dual role breached legal professional obligations, compromising the applicant's defense. - Allegations of non-disclosure by Victoria Police infringing upon the principle of fair trial.
- Respondent's Arguments:
- Gobbo's conduct didn't deprive the applicant of a fair trial as her duties did not conflict significantly with her role as an informer. - The applicant's claims regarding fresh and compelling evidence were disputed on grounds of admissibility and reliability.