Berichon v The Queen

In the case of Berichon v The Queen, the applicant was convicted of conspiracy to cause serious injury intentionally and possessing an unregistered firearm. The applicant appealed against his sentence, arguing that the judge erred in sentencing him for the firearm charge and in treating the possession of the firearm as an aggravating circumstance of the conspiracy. The applicant contended that he was effectively being punished twice for the same conduct. The Court of Appeal examined the relevant authorities and concluded that the judge did not err in imposing the sentence and treating the possession of the firearm as an aggravating circumstance. The Court of Appeal dismissed the application.

The Court of Appeal also considered whether the sentence was manifestly excessive. The sentencing judge had characterised the applicant’s prospects for rehabilitation as poor, which influenced the sentence. The Court of Appeal held that the sentencing judge properly characterised the applicant’s prospects for rehabilitation and that the sentence was not manifestly excessive. The Court of Appeal dismissed the application.

Lastly, the Court of Appeal considered whether the sentencing judge properly interpreted the meaning of ‘victim’ in the context of victim impact statements. The occupants of the house, who were not the intended targets of the assault, were injured as a direct result of the planned substantive offence. The Court of Appeal held that the sentencing judge correctly interpreted the meaning of ‘victim’ and that the victim impact statements were properly considered. The Court of Appeal dismissed the application.

The Court of Appeal dismissed the applicant’s appeal against his sentence and the orders of the sentencing judge.