| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0232 |
| JASON ANDREWS | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | McLEISH, BOYCE and KIDD JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 23 June 2025 |
| DATE OF JUDGMENT: | 26 August 2025 |
| MEDIUM NEUTRAL CITATION: | [2025] VSCA 197 |
| JUDGMENT APPEALED FROM: | [2024] VCC 746 (Judge Gamble) |
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CRIMINAL LAW – Appeal – Conviction – Dangerous driving causing serious injury – Whether unfair plea and pressure to plead guilty – Whether full opportunity to plead case – No intention to drive dangerously – Grounds not reasonably arguable – Application for appeal bail refused – Application for extension of time to seek leave to appeal refused.
CRIMINAL LAW – Appeal – Sentence – Dangerous driving causing serious injury – Sentence 3 years’ imprisonment with non‑parole period 2 years – Guilty plea – Maximum penalty 5 years’ imprisonment – Family hardship – Extended period of extremely risky driving – Severe and life changing injuries – Prior convictions for speeding and dangerous driving – Whether sentence manifestly excessive – Application for extension of time to seek leave to appeal refused.
Carabott v The King [2025] VSCA 118; Grimm v The King [2025] VSCA 11; Madafferi v The Queen [2021] VSCA 332; Mongan v The King [2024] VSCA 126; R v Nguyen [2006] VSCA 184, applied.
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| Counsel | |||
| Applicant: | In person | ||
| Respondent: | A French | ||
Solicitors | |||
| Applicant: | Not applicable | ||
| Respondent: | A Hogan, Solicitor for Public Prosecutions | ||
TABLE OF CONTENTS
PART A:. INTRODUCTION
(1).... Circumstances of the offending
(2).... Sentencing remarks
(3).... Application for leave to appeal
PART B:. GROUNDS 1, 3 AND 4: CONVICTION
(1).... The principles of setting aside conviction after plea of guilty
(2).... The plea hearing
(3).... The applicant’s claim of involuntariness
(4).... Analysis of the applicant’s claim of involuntariness
(5).... The applicant’s claims of pressure and unfair treatment
(6).... Conclusion on conviction
PART C:. SENTENCE
(1).... The sentence was manifestly excessive
(2).... Ground 5: No medical report of [the applicant’s] health was ever done.
The parties’ arguments
Analysis
(3).... Ground 6: No compassion to [the applicant’s] grandmother who is an 88 year-old cancer patient.
The parties’ arguments
Analysis
PART D:. GROUND 2: BAIL
PART E:. CONCLUSION
MCLEISH JA
BOYCE JA
KIDD JA:
PART A:INTRODUCTION
The applicant pleaded guilty to the offence of dangerous driving causing serious injury. He was sentenced on 23 May 2024 as follows:
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| 1 | Dangerous driving causing serious injury (Crimes Act 1958 s 319(1A) | 5 years | 3 years | N/A |
| Total Effective Sentence: | 3 years | |||
| Non-Parole Period: | 2 years | |||
| Pre-sentence Detention Declared: | 50 days | |||
| Section 6AAA Statement: | Total Effective Sentence 4 years Non-parole Period 3 years | |||
| Other Relevant Orders: 1. Cancellation of all Victorian licences and/or permits 2. Disqualification from obtaining any Victorian licence/permit for 30 months | ||||
The applicant, who is self-represented, now seeks leave to appeal against his conviction and sentence.
The application for leave to appeal was filed on 12 December 2024 and is therefore…
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- AGLC
- Andrews v The King [2025] VSCA 197
- Case
- [2025] VSCA 197
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the Court were whether the applicant's plea was fair and whether the sentence imposed was manifestly excessive. The Court had to assess whether the applicant's plea was voluntary and made with a full understanding of the charges and consequences, as well as whether the sentence imposed was within the range of reasonable sentences for the offence.
The Court of Appeal found that there was no evidence of unfairness in the plea process. The applicant's plea constituted an admission to all essential elements of the offence, and there was no indication that the plea was induced by improper conduct or misunderstanding. The Court further found that the sentence was not manifestly excessive. The sentencing judge had correctly considered the high degree of risk created by the applicant's driving and the severe injuries inflicted on the victim, which justified a sentence at the upper end of the spectrum for such offences.
The Court dismissed the applicant's appeal against both conviction and sentence, confirming that the trial court's proceedings were fair and that the sentence was appropriate.
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
Ratio Decidendi
Legal Principle Established
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