SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0079
| FLORINEL CAMARA | Appellant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | BONGIORNO and PRIEST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 10 February 2015 |
| DATE OF JUDGMENT: | 10 February 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 20 |
| JUDGMENT APPEALED FROM: | DPP v Camara (Unreported, County Court of Victoria, Judge Gaynor, 11 April 2014) |
---
CRIMINAL LAW – Sentence – Appellant convicted of two charges of conspiracy to defraud – Appellant and co-offenders engaged in ‘card skimming’ and ‘cash trapping’ at Automatic Teller Machines – Appellant a youthful offender with no prior convictions – Whether the sentence imposed on the appellant disclosed insufficient disparity between the appellant and co-offender.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr T Kassimatis | James Harris Lawyers |
| For the Crown | Mr D A Trapnell QC | Mr C Hyland, Solicitor for Public Prosecutions |
BONGIORNO JA:
I will invite Priest JA to deliver the first judgment.
PRIEST JA:
Introduction
On 10 February 2014, Florinel Camara — whom I shall refer to as the appellant — pleaded guilty in the County Court to two charges of conspiracy to defraud.[1]
[1]Conspiracy to defraud is a crime at common law. By virtue of s 320 of the Crimes Act 1958 the maximum penalty is 15 years’ imprisonment.
A judge of the County Court sentenced him on 11 April 2014 to be imprisoned for five (5) years on the first charge, and for three (3) years on the second charge. One year of the sentence on the second charge was ordered to be served cumulatively with the sentence on the first charge, leading to a total effective sentence of six (6) years’ imprisonment. It was ordered that the appellant serve four (4) years’ imprisonment before being considered eligible for release on parole.
On 6 August 2014, a judge of this Court granted the appellant leave to appeal against sentence on the following ground:
1. The individual sentences imposed upon the [appellant] and Christian Georges (on Charges 1 and 2), the orders for cumulation made and non-parole periods fixed in both their cases:
(i)disclosed no or insufficient disparity; and
(ii)are such as to engender a justifiable sense of grievance.
Leave to appeal was refused on a second ground, expressed as follows:
2. The individual sentences imposed upon the [appellant] on Charges 1 and 2, the order for cumulation and the non-parole period fixed are manifestly excessive.
The appellant elected to renew his application for leave to appeal on the second ground.
For the reasons that follow, I would allow the appeal on the first ground and resentence the appellant. With respect to the second ground, I would refuse leave to appeal.
The offending
The appellant had three co-offenders, Antal Donka, Velentin Anania and Christian Georges. Donka and Anania both pleaded guilty to one charge of conspiracy to defraud financial institutions between 3 December 2012 and 12 March 2013 ‘by physically manipulating automatic teller machines to enable unauthorised withdrawals of money’. Georges and the appellant also…
Continue reading Camara v The Queen
Sign in free to access the full text
- AGLC
- Camara v The Queen [2015] VSCA 20
- Case
- [2015] VSCA 20
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were the appropriateness of the disparity between the sentences of the appellant and his co-conspirators, and whether the sentencing judge adequately considered the appellant's age, lack of criminal history, and relative role in the offences. The court had to examine whether the sentencing principles were correctly applied and whether the sentence imposed was disproportionate. This involved a detailed analysis of the sentencing decisions of the lower courts, the principles of sentencing in Australia, and the specific circumstances of the appellant and his co-offenders.
The High Court found that the disparity between the appellant’s sentence and those of his co-offenders was not sufficiently justified by the evidence and sentencing principles. The court determined that the sentencing judge had not adequately addressed the differences in the roles and culpability of the participants. The appellant's youth and lack of prior criminal history were critical factors that warranted a lesser sentence. Consequently, the court held that the sentence imposed was excessive and did not appropriately reflect the lesser involvement and culpability of the appellant compared to his co-offenders. The court quashed the sentence and remitted the matter to the lower court for re-sentencing.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.