Begg v The Queen

[2020] VSCA 183

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2019 0093

JAMES BEGG	Applicant
v
THE QUEEN	Respondent

S APCR 2019 0077

DAMIEN HOBBY	Applicant
v
THE QUEEN	Respondent

S APCR 2019 0085

ANTHONY CLARIDGE	Applicant
v
THE QUEEN	Respondent

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JUDGES:	PRIEST, KAYE and T FORREST JJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	19 June 2020
DATE OF JUDGMENT:	8 July 2020
MEDIUM NEUTRAL CITATION:	[2020] VSCA 183
JUDGMENT APPEALED FROM:	[2019] VCC 337 (Judge Riddell)

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CRIMINAL LAW – Appeal – Sentence – Co-offenders – Different involvements in three incidents – Aggravated burglary – Common assault – Theft – Prohibited person in possession of firearm – Pleas of guilty – Applicant Begg sentenced to 6 years and 6 months’ imprisonment with non-parole period of 4 years – Applicant Hobby sentenced to 8 years and 6 months’ imprisonment with non-parole period of 6 years and 10 months – Applicant Claridge sentenced to 11 years’ imprisonment with non-parole period of 8 years and 3 months – Whether individual sentences, orders for cumulation, total effective sentence and non-parole period for each applicant manifestly excessive – Whether principle of parity infringed – No unjustifiable disparity between sentences – Individual sentences, orders for cumulation and total effective sentence not manifestly excessive for each applicant – Non-parole period not manifestly excessive for applicants Begg and Claridge – Leave to appeal refused for applicants Begg and Claridge – Non-parole period manifestly excessive for applicant Hobby – Leave to appeal allowed for applicant Hobby – Resentenced to non-parole period of six years.

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APPEARANCES:	Counsel	Solicitors
For the Applicant Begg	Mr R W O’Neill	Valos Black & Associates
For the Applicant Hobby	Mr H A Rattray with Ms F Fox	David Barrese & Associates
For the Applicant Claridge	Mr R W Backwell	Chris McLennan & Co
For the Respondent	Ms M Mahady	Ms A Hogan, Solicitor for Public Prosecutions

PRIEST JA
KAYE JA
T FORREST JA:

Introduction

1. In this complicated set of appeals against sentence, there are three co-offenders (James Begg, Anthony Claridge and Damien Hobby) each seeking leave to appeal with different involvements in three separate incidents.  They pleaded guilty to the charges in the County Court[1] and were sentenced on 2 March 2019.  The details of their sentences are set out in the tables below.[2]  For convenience, we shall refer to each applicant by his surname.

   [1]The charges relating to Claridge and Hobby are contained in Indictment C1711385.1 (‘first indictment’) and the charges relating to Begg are contained in Indictment H12173739.1 (‘second indictment’).

   [2]We have modified the table of sentences which is appended to the judge’s reasons for sentence: see DPP v Begg [2019] VCC 337, appendix 1 (‘Reasons’).

2. The co-offenders were sentenced as follows in relation to incident one:

Incident one	Sentence: Claridge	Sentence: Hobby	Sentence: Begg
Indictment 1 — charge 1 (assault contrary to common law)	Aggregate sentence of 3 years and 4 months’ imprisonment; 12 months’ cumulation	Aggregate sentence of 3 years and 4 months’ imprisonment; 12 months’ cumulation	N/A