SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0042
| STEVEN BRADLEY | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P, WEINBERG and TATE JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 3 March 2017 |
| DATE OF JUDGMENT: | 30 March 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 69 |
| JUDGMENT APPEALED FROM: | [2015] VSC 768 (Osborn JA) |
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CRIMINAL LAW – Application for leave to appeal against sentence – Murder of 16 year old girl in 1983 – Applicant sentenced to 27 years’ imprisonment with non-parole period of 21 years – Whether judge erred in finding youth of applicant at time of offence only relevant ‘to some limited extent’ – Whether trial judge erred in failing to take into account sentencing practices at time of offence – Whether sentence manifestly excessive – Judge gave sufficient weight to applicant’s youth at time of offence – Judge correct to consider ‘current sentencing practices’ under s 5(2)(b) of Sentencing Act 1991 as practices at time of sentencing – Judge appropriately moderated sentence to accord with principle of ‘equal justice’ – Stalio v The Queen (2012) 46 VR 426 – Sentence within range of current sentences for murder – Application for leave to appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr G M Hughan | Doogue O’Brien George |
| For the Crown | Mr C B Boyce SC | Mr J Cain, Solicitor for Public Prosecutions |
MAXWELL P
WEINBERG JA
TATE JA:
In 2015, after a trial in the Supreme Court sitting at Shepparton, the applicant, now aged 55, was convicted of the 1983 murder of Michelle Buckingham. He was sentenced to a term of 27 years’ imprisonment. A non-parole period of 21 years was fixed. He now seeks leave to appeal against that sentence.
The applicant originally relied upon four grounds of appeal, but prior to the hearing of this application, he abandoned the first of them. The remaining three grounds are as follows:
2.His Honour erred in finding that the youth of the applicant at the time of the offence was only relevant ‘to some limited extent’.
3.His Honour erred in failing to take into account sentencing practices at the time of the offence.
4. The sentence was manifestly excessive in light of:
·The young age of the applicant at the time of the offence;
·The sentencing practice at the time of the offence;
·Current sentencing practices;
·The age of the applicant at the time of his earliest release;
·The foreseeable recurrence of the applicant’s depressive disorder;
·The applicant having good prospects of rehabilitation; and
·The applicant underwent unusual stress during pre-trial detention.
For reasons which follow, we would refuse leave to appeal.
Background facts
On the night of 21 October 1983, Michelle Buckingham, then aged 16, was stabbed to death.
On the morning of 22 October 1983, the applicant approached his brother-in-law, Norman Gribble. He was in a highly agitated state, and had a cut on his hand. Mr Gribble bandaged up the cut and then drove the applicant to an area, not far from…
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- AGLC
- Bradley v The Queen [2017] VSCA 69
- Case
- [2017] VSCA 69
- Decision Date
CaseChat Overview and Summary
The court examined whether the judge had appropriately balanced the mitigating factor of the applicant’s youth against the gravity of the crime. It was necessary to determine if the judge had correctly applied the principles of sentencing, particularly the relevance of current sentencing practices under section 5(2)(b) of the Sentencing Act 1991. The court considered if the judge’s consideration of contemporary sentencing practices was appropriate and whether this approach aligned with the principle of equal justice.
The court found that the judge had given sufficient weight to the applicant’s youth and that it was correct to consider current sentencing practices. The judge’s sentence was deemed to be within the range of sentences for murder at the time and was thus not manifestly excessive. The court concluded that the judge had appropriately moderated the sentence to accord with the principle of equal justice, referencing the decision in Stalio v The Queen. Consequently, the application for leave to appeal was dismissed.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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