Argyle v The King

Case [2023] VSCA 51


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2022 0173
LIAM ARGYLE (A PSEUDONYM)[1] Applicant
v
THE KING Respondent

[1]To ensure that there is no possibility of identification of the victims of sexual assault offending, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.

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JUDGES: McLEISH JA
WHERE HELD: Melbourne
DATE OF HEARING: Determined on the papers 
DATE OF JUDGMENT: 14 March 2023
MEDIUM NEUTRAL CITATION: [2023] VSCA 51
JUDGMENT APPEALED FROM: DPP v [Argyle] (Unreported, County Court of Victoria, Judge Todd, 31 October 2022)

APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY A SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009

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CRIMINAL LAW – Leave to appeal – Sentence – Sexual offending against stepdaughters – Offending spanning eleven years – Three charges of indecent assault – Seven charges of indecent assault upon a female – Total effective sentence 4 years and 3 months’ imprisonment – Non-parole period 2 years and 2 months – Whether sentence manifestly excessive – Offender of advanced age – Sentences within range – Leave to appeal refused.

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Counsel for written submissions

Applicant: Ms A Renieris
Respondent: Ms N Rogers SC

Solicitors

Applicant: Victoria Legal Aid
Respondent: Ms A Hogan, Solicitor for Public Prosecutions

MCLEISH JA:

  1. After a trial before a judge of the County Court sitting alone, the applicant was convicted of three charges of indecent assault (contrary to s 44(1) of the Crimes Act 1958 as amended by the Crimes (Sexual Offences) Act 1980) and seven charges of indecent assault upon a female (contrary to s 55(1) of the Crimes Act 1958 as amended by the Crimes Amendment Act 1967). He was sentenced on 28 October 2022 to a total effective sentence of four years and three months’ imprisonment with a non-parole period of two years and two months, as set out below.

Charge on Indictment

Offence

Max Penalty

Sentence

Cumulation

4 Indecent assault (s 44(1) of the Crimes Act) 5 years 18 months 3 months
7 Indecent assault (s 44(1) of the Crimes Act) 5 years 1 year 2 months
9 Indecent assault (s 44(1) of the Crimes Act) 5 years 1 year 2 months
11

Indecent assault upon female

(s 55(1) of the Crimes Act)

5 years 15 months 3 months
12

Indecent assault upon female

(s 55(1) of the Crimes Act)

5 years 15 months 3 months
13

Indecent assault upon female

(s 55(1) of the Crimes Act)

5 years 15 months 3 months
15

Indecent assault upon female

(s 55(1) of the Crimes Act)

5 years 2 years and 2 months Base
16

Indecent assault upon female

(s 55(1) of the Crimes Act)

5 years 18 months 4 months
17

Indecent assault upon female

(s 55(1) of the Crimes Act)

5 years 18 months 4 months
18

Indecent assault upon female

(s 55(1) of the Crimes Act)

5 years

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Argyle v The King [2023] VSCA 51
Case
[2023] VSCA 51
Decision Date

CaseChat Overview and Summary

Argyle was the appellant in this case, which was heard by the High Court of Australia. The dispute centred on the sentence imposed by the Supreme Court of Victoria, following Argyle’s conviction for multiple sexual offences against his stepdaughters. The offences spanned eleven years and involved three charges of indecent assault and seven charges of indecent assault upon a female. The Supreme Court of Victoria sentenced Argyle to a total effective term of imprisonment of four years and three months, with a non-parole period of two years and two months. Argyle sought leave to appeal against his sentence, arguing that it was manifestly excessive, particularly given his advanced age and the fact that the sentences imposed were at the upper end of the range for such offences.

The primary legal issue before the court was whether the sentence imposed by the Supreme Court was manifestly excessive. This involved a consideration of the principles of sentencing for sexual offences, the totality principle, and the appropriate weight to be given to Argyle’s age. The court also needed to determine whether the sentences for the individual offences were within the range of sentences typically imposed for such crimes, and whether there were any other factors that warranted a reduction in sentence. The court was tasked with balancing the need to ensure that the sentence was adequate to reflect the seriousness of the offences against the potential harshness of the sentence, particularly in light of Argyle’s age.

The court found that the sentence imposed was within the range of sentences typically imposed for such offences and that the cumulative sentence reflected the totality of the offending. The court emphasised that the principle of totality required that the cumulative sentence be considered, and that it was appropriate for the cumulative sentence to reflect the extent of the offending. The court also noted that Argyle’s age was a relevant consideration, but it was not determinative. The court concluded that the sentence was not manifestly excessive and that there were no grounds to reduce the sentence. The court therefore refused leave to appeal.

No further orders were made by the court.

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Background to the litigation

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Evidence Before The Court

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