Elias v The Queen; Issa v The Queen

Jeremy Gans, ‘The Charge for Serving Fat Tony: Elias v The Queen; Issa v The Queen’ (10 July 2013).

In Elias v The Queen and Issa v The Queen, the High Court upheld the Victorian Court of Appeal’s decision to sentence both Elias and Issa to eight years imprisonment after they were convicted of perverting the course of justice for their role in assisting prominent gangland figure Tony Mokbel’s escape. Elias and Issa sought to appeal their sentences on the basis of an earlier Victorian Supreme Court ruling, R v Liang, which they argued stood for the principle that sentencing judges should consider lower maximum penalties for other charges that the prosecutor might have ‘appropriately’ brought (in this case, a federal charge with a five year maximum). The High Court rejected the purported ‘principle’ of Liang as unsound and dismissed both appeals.

High Court Judgment [2013] HCA 4  27 June 2013
Result Appeals dismissed
High Court Documents Elias v The Queen
Issa v The Queen
Related Case Pantazis v The Queen
Full Court Hearing [2013] HCATrans 125 30 May 2013
Special Leave Hearing [2013] HCATrans 51 15 March 2013
Appeal from VSCA [2012] VSCA 160 30 July 2012
Elias Trial Judgment [2011] VSC 423 5 September 2011
Issa Trial Judgment [2011] VSC 633 24 November 2009
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About Martin Clark

Martin Clark is a PhD Candidate and Judge Dame Rosalyn Higgins Scholar at the London School of Economics and Political Science and Research Fellow at Melbourne Law School. He holds honours degrees in law, history and philosophy from the University of Melbourne, and an MPhil in Law from MLS. While at MLS, he worked as a researcher for several senior faculty members, was a 2012 Editor of the Melbourne Journal of International Law, tutor at MLS and various colleges, a Jessie Legatt Scholar, and attended the Center for Transnational Legal Studies Program.