SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0047
| BRENDAN NEIL | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST AP, BEACH and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 19 March 2019 |
| DATE OF JUDGMENT: | 25 March 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 64 |
| JUDGMENT APPEALED FROM: | [2017] VSC 761R (Jane Dixon J) |
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CRIMINAL LAW – Sentence – Application for leave to appeal against sentence – Murder – Sentence of 26 years with non-parole period of 22 years following plea of guilty – Co-accused sentenced to 24 years with non-parole period of 20 years following trial – Parity – Whether judge erred in application of parity principle – Whether non-parole period manifestly excessive – Not reasonably arguable that judge erred in application of parity principle – Not reasonably arguable that non-parole period manifestly excessive – Application for leave to appeal refused.
OPEN COURTS – Non-publication order – Whether non-publication order necessary to prevent prejudice to administration of justice – Whether non-publication order necessary to protect applicant’s safety – Non-publication order not necessary – Ancillary order varied – Open Courts Act 2013, ss 17 and 18 – Criminal Procedure Act 2009, s 325.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr R F Edney | Lethbridges Barristers & Solicitors |
| For the Respondent | Mr C B Boyce SC | Mr J Cain, Solicitor for Public Prosecutions |
PRIEST AP
BEACH JA
T FORREST JA:
For about four months leading up to 25 August 2015, the applicant and Simone Quinlan were in an intimate relationship. On that day (25 August), Ms Quinlan was savagely beaten by the applicant. She later died.
On 24 April 2017, following pre-trial legal argument, the applicant pleaded guilty in the Supreme Court to the murder of Ms Quinlan. On 15 May 2017, following a 10 day trial, the applicant’s co-accused, Wayne Marmo, was also convicted of Ms Quinlan’s murder.
On 14 December 2017, the trial judge sentenced the applicant to a term of imprisonment of 26 years, with a non-parole period of 22 years. At the same time, she sentenced Marmo to a term of imprisonment of 24 years, with a non-parole of 20 years.[1]
[1]DPP v Neil & Marmo [2017] VSC 761R (‘Reasons’).
The applicant now seeks leave to appeal against his sentence on the following grounds:
1.The judge erred in the application of the parity principle by imposing a greater sentence on [the applicant] than Marmo in circumstances where [the applicant] pleaded guilty and Marmo pleaded not guilty and where [the applicant] offered to give evidence against Marmo and by finding that Marmo played a ‘subordinate role’ in the offending (sic).
2.The non-parole period is manifestly excessive.
Circumstances of the offending
At the time of the murder, the applicant was 28 years of age and Ms Quinlan was 33. They had been involved in an intimate relationship for about four months. During the relationship, Ms Quinlan lived ‘on and off’ with the applicant in a house on a property owned by…
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- AGLC
- Brendan Neil v The Queen [2019] VSCA 64
- Case
- [2019] VSCA 64
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the sentencing judge had made an error in the application of the parity principle by imposing a sentence on the appellant that was more severe than that given to his co-accused, who received a sentence of 24 years with a non-parole period of 20 years. Furthermore, the court assessed whether the non-parole period was manifestly excessive, given the nature of the crime and the circumstances of the case. The court had to balance these considerations with the principle of parity in sentencing, ensuring that sentences for similar crimes are proportionate.
The court found that it was not reasonably arguable that the sentencing judge had erred in applying the principle of parity. The disparities in the sentences were justified by the differences in the roles and contributions of the appellant and his co-accused to the crime. The court concluded that the non-parole period was not manifestly excessive, considering the severity of the offence and the need for deterrence and retribution. Therefore, the application for leave to appeal was refused. The court also varied the ancillary order under the Open Courts Act 2013 and the Criminal Procedure Act 2009, determining that a non-publication order was not necessary to prevent prejudice to the administration of justice or to protect the appellant’s safety.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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