SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0039
| ANTHONY VITO BRANCATELLA | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | WEINBERG AP and COGHLAN JA | |
| WHERE HELD: | MELBOURNE | |
| DATE OF HEARING: | 4 May 2016 | |
| DATE OF JUDGMENT: | 6 May 2016 | |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 94 | 1st Revision 13 July 2016; para [2] Table |
| JUDGMENT APPEALED FROM: | DPP v Brancatella (Unreported, County Court of Victoria, Judge Douglas, 10 February 2016) | |
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CRIMINAL LAW – Sentence – Application for leave to appeal – Applicant convicted of 62 charges of wrongful conversion and false accounts pursuant to ss 91(1)(a)(i) and 91(1)(a)(ii) of the Estate Agents Act 1980 – Total effective sentence three years and four months’ imprisonment with non-parole period of 20 months – Applicant maintained he intended to repay funds taken – 62 separate victims – Offending involved using trust monies received from clients - General deterrence, punishment and denunciation important sentencing considerations – Sentence not manifestly excessive – Application for leave to appeal refused
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr R Melasecca | Melasecca Kelly & Zayler |
| For the Crown | Mr C B Boyce SC | Mr J Cain, Solicitor for Public Prosecutions |
WEINBERG AP:
I agree with Coghlan JA.
COGHLAN JA:
On 1 February 2016 the applicant pleaded guilty in the County Court at Melbourne to 62 separate offences under the Estate Agents Act 1980. On 10 February 2016 he was sentenced as set out below:
Charge on
IndictmentOffence Maximum Sentence Cumulation 1. Estate Agent – Convert Money for Own Use [s 91(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 8 months 2. Estate Agent – Convert Money for Own Use [s 91(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 8 months 3.
Estate Agent – Convert Money for Own Use [s 91(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 8 months 4.
Estate Agent – Convert Money for Own Use [s 1(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 10 months 5.
Estate Agent – Convert Money for Own Use [s 91(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 8 months 6.
Estate Agent – Convert Money for Own Use [s 91(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 2 months 7.
Estate Agent – Convert Money for Own Use [s 91(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 8 months
Charge on
Indictment
Offence Maximum Sentence Cumulation 8.
Estate Agent – Convert Money for Own Use [s 91(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 2 months 9.
Estate Agent – Convert Money for Own Use [s 91(1)(a)(ii) Estate Agents Act 1980] 10 years [s 91(1) Estate Agents Act 1980] 8 months 10.
Estate Agent…
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- AGLC
- Brancatella v The Queen [2016] VSCA 94
- Case
- [2016] VSCA 94
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the sentence imposed was manifestly excessive and whether the applicant should be granted leave to appeal. The court considered the principles of sentencing, including general deterrence, punishment, and denunciation, in relation to the applicant's offending. The court also examined whether the sentence imposed was disproportionate to the offending and whether it failed to achieve the purposes of sentencing.
In assessing the application for leave to appeal, the court found that the sentence imposed was not manifestly excessive. The court recognised that the applicant's offending involved significant breaches of trust and had a substantial impact on multiple victims. However, the court determined that the sentence reflected the seriousness of the offending and served the purposes of general deterrence, punishment, and denunciation. The court concluded that the sentence was proportionate to the offending and did not warrant the grant of leave to appeal.
Accordingly, the application for leave to appeal was refused by the court. The court upheld the sentence imposed by the lower court and determined that it appropriately reflected the gravity of the applicant's offending. The court emphasised the importance of maintaining public confidence in the administration of justice and the need for sentences to reflect the seriousness of the offending.
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Background to the litigation
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