SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0106
| ANTHONY ROBERT COLEMAN |
| Applicant |
| v |
| THE QUEEN |
| Respondent |
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JUDGES: | NEAVE, PRIEST and BEACH JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | On the papers | |
DATE OF JUDGMENT: | 17 September 2014 | |
MEDIUM NEUTRAL CITATION: | [2014] VSCA 228 | |
JUDGMENT APPEALED FROM: | [2013] VSC 548 (Dixon J) | |
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CRIMINAL LAW – Sentence – Theft – Obtaining financial advantage by deception – Deficiency in trust account – Solicitor – Total effective sentence of 5 years with non-parole period of 3 years – Application for extension of time to file application for leave to appeal against sentence – No error by sentencing judge – No different sentences should have been imposed – Application futile – Application refused.
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| APPEARANCES: | Counsel | Solicitors |
| No oral hearing. By consent the matter was decided having regard to the written materials filed by the parties. | ||
NEAVE JA
PRIEST JA
BEACH JA:
Introduction
On 3 June 2013, the applicant pleaded guilty to one charge of theft contrary to s 74(1) of the Crimes Act 1958, one charge of having a deficiency in a trust account contrary to s 3.3.21 of the Legal Profession Act 2004 and 12 charges of obtaining a financial advantage by deception contrary to s 82(1) of the Crimes Act. On 25 October 2013, following a plea hearing, a judge of the Trial Division sentenced the applicant as follows:
Charges on
Indictment
Offence
Maximum
Sentence
Cumulation
1. Theft [s 74(1) Crimes Act 1958] 10 years [s 74(1) Crimes Act 1958] 2 years 2. Deficiency in trust account
[s3.3.21 Legal Profession Act2004]
15 years [s3.3.21 Legal Profession Act 2004] 2 years 6 months 3. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 18 months 4. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 18 months 3 months 5. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 18 months 6. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 18 months 9 months 7. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 2 years Charges on
Indictment
Offence
Maximum
Sentence
Cumulation
8. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 18 months 9. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 3 years Base 10. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 18 months 11. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958] 18 months 12. Obtaining a financial advantage by deception [s 82(1) Crimes Act 1958] 10 years [s 82(1) Crimes Act 1958]
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- Case
- [2014] VSCA 228
- Decision Date
CaseChat Overview and Summary
The court found that the sentencing judge had not erred in the sentence imposed. The sentencing judge had considered all relevant factors and had imposed a sentence that was neither manifestly excessive nor inadequate. The court found that there was no basis for a different sentence to be imposed. The application for an extension of time to file an application for leave to appeal against sentence was deemed futile and was therefore refused. The court found that there was no error by the sentencing judge and that the application should not have been made. The court did not consider it necessary to make any further orders.
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