SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2014 0186 | |
| JASON TREGENZA | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | REDLICH, WEINBERG and OSBORN JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 2 June 2015 |
| DATE OF JUDGMENT: | 25 June 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 163 |
| JUDGMENT APPEALED FROM: | DPP v Tregenza (Unreported, County Court of Victoria, Judge Sexton, 18 February 2014 (Conviction), 7 March 2014 (Sentence)) |
---
CRIMINAL LAW – Appeal against conviction and sentence for intentionally causing serious injury – Whether applicant participated in assault – No solid obstacle to guilty verdict – No error in directions to jury – No error in sentence – Principle of parity engaged by reduction in co-offender’s sentence on appeal in separate proceeding – Whether necessary to maintain relativity between co-offenders as fixed by sentencing judge – Appeal allowed – Applicant re-sentenced to six years and six months imprisonment with a non-parole period of four years and three months.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr M Thomas | Grigor Lawyers |
| For the Crown | Ms D I Peikusis | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
REDLICH JA
WEINBERG JA
OSBORN JA:
Following a 12 day trial, the applicant and Christine Picone (‘Picone’) were convicted on one charge of intentionally causing serious injury.[1] The Crown case was that the applicant and Picone, together with Picone’s son, M (‘M’), were acting in concert in assaulting the victim, Douglas Farquhar. Alternatively, the applicant was said to have aided and abetted the Picones.
[1]The co-accused, Christine Picone, was convicted of 1 count of intentionally causing serious injury and was sentenced to a total effective sentence of 6 years 6 months’ imprisonment with a non-parole period of 4 years 6 months in the County Court. On 4 September 2014 Picone was granted leave to appeal against sentence by Weinberg JA on the ground that the sentence imposed was manifestly excessive. On 5 February 2015 the Court of Appeal allowed the appeal and re-sentenced Picone to 5 years’ imprisonment with a non-parole period of 3 years. M was dealt with in the Children’s Court.
Following a plea hearing conducted on 21 February and 3 March 2014 the applicant was sentenced on 7 March 2014 as follows:
Charge on Indictment Offence Maximum Sentence Cumulation 1 Intentionally causing serious injury
[Crimes Act 1958 s 16]20 years [Crimes Act 1958 s 16] 7 years - Total Effective Sentence: 7 years Non-Parole Period: 5 years Pre-sentence Detention Declared: 15 days 6AAA Statement: N/A Other relevant orders: § Forensic Sample Order Appeal against conviction
The applicant seeks leave to appeal against his conviction on the following grounds:
(a) the verdict is unsafe and unsatisfactory;
(b)the learned trial judge failed to direct the jury as to the evidence of Rachel Lincoln that she had been threatened following giving evidence at the committal in circumstances where the jury may have erroneously believed that the applicant had threatened her;
(c)the learned trial judge failed to adequately direct the jury in relation to…
Keep reading for free
Create a free CaseChat account to read and Jason Tregenza v The Queen and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] VSCA 163
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court needed to resolve included whether there was any substantial obstacle to the appellant's conviction based on the evidence presented, if the jury was correctly directed in understanding the legal principles applicable to the case, and whether the sentence imposed was appropriate. The court also had to consider the principle of parity in sentencing, particularly in light of a co-offender's sentence being reduced on appeal in a separate proceeding.
In examining the evidence, the court found no significant impediment to the appellant's conviction. The jury was properly guided on the legal standards relevant to the case, and the sentence was deemed appropriate under the circumstances. The principle of parity necessitated a review of the sentence in relation to the co-offender's reduced sentence. Consequently, the court allowed the appeal, adjusting the appellant's sentence to six years and six months imprisonment with a non-parole period of four years and three months.
The final orders of the court reflect the adjustments made to the appellant's sentence, ensuring alignment with the principle of parity in relation to the co-offender's sentence.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.