SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2021 0068
| RHYS ABELA-ROGERS | Applicant |
| v | |
| THE QUEEN | Respondent |
S EAPCR 2021 0074
| CHARLIE FARRUGIA | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | T FORREST and WHELAN JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 8 March 2022 |
| DATE OF JUDGMENT: | 18 March 2022 |
| MEDIUM NEUTRAL CITATION | [2022] VSCA 34 (First revision (18 March 2022): para [43]) |
| JUDGMENT APPEALED FROM: | [2020] VCC 1412 (Judge Gwynn) |
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CRIMINAL LAW – Appeal – Sentence – Aggravated burglary – Aggravated home invasion – Burglary – Theft – Traffick cannabis – Principle of parity – Sentences of 7 years 11 months’ imprisonment with 5 years non-parole and 5 years 11 months’ imprisonment with 3 years 10 months non-parole – Unjustifiable disparity with co-offender resentenced to 3 years 10 months’ youth justice detention – Well-organised and sophisticated sequence of offending – Balshaw v The Queen [2021] VSCA 78, Nipoe v The Queen [2020] VSCA 137, Wong v The Queen (2001) 207 CLR 584 applied – Crimes Act 1958 ss 74, 76–7, 77B, 321M, Drugs, Poisons and Controlled Substances Act 1982 s 71AC, Sentencing Act 1991 s 10AC – Leaves to appeal granted – Appeals allowed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant (Abela-Rogers) | Mr P J Smallwood | Lauren Tye Legal |
| For the Applicant (Farrugia) | Mr N J Goodfellow | Balmer & Associates |
| For the Respondent | Mr J C J McWilliams | Ms A Hogan, Solicitor for Public Prosecutions |
T FORREST JA
WHELAN JA:
The applicant Rhys Abela-Rogers pleaded guilty to four charges of aggravated burglary, two charges of burglary, three charges of theft, and one charge each of aggravated home invasion with intent to steal (offensive weapon), attempted aggravated burglary and trafficking cannabis. He also pleaded guilty to a summary charge of dealing with property suspected of being the proceeds of crime.
Abela-Rogers was sentenced as follows:
Charge on Joint Indictment Offence Maximum Sentence Cumulation 1 Aggravated burglary (person present) 25 years’ imprisonment 3 years - 2 Burglary 10 years’ imprisonment 1 year 6 months 2 months 3 Theft 10 years’ imprisonment 1 year - 4 Burglary 10 years’ imprisonment 2 years 2 months 5 Aggravated home invasion (steal) — Offensive weapon 25 years’ imprisonment 5 years 8 months Base 6 Theft 10 years’ imprisonment 1 year 6 months - 7 Aggravated burglary (person present) 25 years’ imprisonment 5 years 6 months 8 Aggravated burglary (offensive weapon) 25 years’ imprisonment 5 years 2 months 6 months 9 Aggravated burglary (person present) 25 years’ imprisonment 5 years 2 months 7 months 10 Theft 10 years’ imprisonment 1 year - 11 Attempted aggravated burglary 20 years’ imprisonment 3 years 4 months 13 Traffick drug of dependence (cannabis) 15 years’ imprisonment 4 months - Summary charge 27 Deal with property suspected of being proceeds of crime 2 years’ imprisonment Convicted and fined $1,000 - Total effective sentence: 7 years 11 months’ imprisonment Non-parole period: 5 years Pre-sentence declaration: 595 days Section 6AAA statement: 11 years’ imprisonment with non-parole period of 8…
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- AGLC
- Abela-Rogers v The Queen [2022] VSCA 34
- Case
- [2022] VSCA 34
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the sentences imposed on the appellants were unjust given the principle of parity, especially considering the co-offender's resentencing. The court had to consider the principles of sentencing, particularly the principle of parity, in light of the nature and severity of the crimes committed. The court also needed to determine if the sentences imposed were appropriate in the context of the appellants' roles in the offending and the mitigating and aggravating factors.
The Court of Appeal found that the sentences imposed on the appellants were unjust due to the significant disparity with the co-offender's sentence. The court emphasised the principle of parity and noted that the appellants' roles in the offending were comparable to that of their co-offender. The appeals were allowed, and the appellants' sentences were quashed. The matter was remitted to the County Court for resentencing.
The final orders included the quashing of the original sentences and the remission of the matter to the County Court for resentencing, ensuring that the sentences would be reconsidered in light of the principle of parity.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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