SUPREME COURT OF VICTORIA
COURT OF APPEAL
| CRAIG MATTHEW CAMBLIN | S APCR 2012 0197 |
| v | |
| THE QUEEN |
- - -
JUDGE: | MAXWELL P and WHELAN JA |
WHERE HELD: | MELBOURNE |
DATE OF HEARING: | 17 January 2013 |
DATE OF JUDGMENT: | 17 January 2013 |
MEDIUM NEUTRAL CITATION: | [2013] VSCA 1 |
JUDGMENT APPEALED FROM: | R v Camblin (Unreported, County Court of Victoria, 13 August 2012, Judge Gullaci) |
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CRIMINAL LAW – Application for leave to appeal against sentence – Armed Robbery – Sentence of 6 years imprisonment with non-parole period of 4 years – Whether sentence imposed reflects judge’s expressed intention with respect to non-parole period – Whether sentence and non-parole period manifestly excessive – Leave refused – No point of principle.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T B Ashton | Law Offices of Ellinghaus & Lindner |
| For the Crown | Mr B Kissane | Mr C Hyland, Solicitor for Public Prosecutions |
WHELAN JA:
The applicant seeks leave to appeal a sentence imposed on him by Judge Gullaci in the County Court on 13 August 2012. The applicant pleaded guilty to one count of armed robbery. The applicant was sentenced to six years’ imprisonment, with a non‑parole period of four years. The maximum penalty for armed robbery is 25 years’ imprisonment.
The armed robbery in question took place on the morning of Friday, 27 January 2012. The applicant robbed a pharmacy which he had previously attended as a customer. At the time of the robbery, he was wearing a beanie which had been fashioned into a balaclava‑like disguise, with eyeholes cut into it, and a hooded top. He was armed with a carving knife.
He attended the pharmacy and approached a staff member there, demanding money. He had the carving knife in his hand when he did so. He fled after being given money and was apprehended in the carpark.
The applicant seeks leave to appeal on two proposed grounds.
The first proposed ground is that the sentence imposed does not reflect what is said to have been the sentencing judge’s expressed intention with respect to the non‑parole period. The submission is that in his sentencing remarks, the judge had said that the applicant would benefit from ‘a relatively lengthy period of parole’. It is submitted that a non‑parole period of four years on a six‑year sentence does not provide for a relatively lengthy period of parole and that the judge has not given effect to his stated intention. The applicant conceded that a non‑parole period of four years on a six‑year sentence is well within the permissible sentencing range.
What the judge actually said was that he found the applicant would benefit from a relatively long period of parole and that in considering the minimum term and in fixing that term, he kept in mind a number of matters, of which that was one. I do not consider that there was any failure to give effect to a stated intention. In the circumstances here, two years could properly be seen as a relatively…
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- AGLC
- Camblin v The Queen [2013] VSCA 1
- Case
- [2013] VSCA 1
- Decision Date
CaseChat Overview and Summary
The court found that the first proposed ground was not reasonably arguable, as the judge had clearly considered the applicant's prospects of rehabilitation and the need for specific deterrence and community protection. The court also found that the second proposed ground was not arguable, as the sentence was not manifestly excessive. The court emphasised that it would be a rare case in which the Court would be persuaded that what a judge did with respect to a non-parole period simply did not give effect to that judge's stated intention. Furthermore, the ground of manifest excess is a difficult one to make good, and the court would only interfere on this ground where the sentencing judge has gone obviously or badly wrong.
In conclusion, the application for leave to appeal was refused. The court found that the sentencing judge had carefully considered all the matters properly advanced on the applicant's behalf and reached conclusions which were palpably open to him on the material. The law of Victoria commits the decision on the balance between prospects of rehabilitation and the need for specific deterrence and community protection to sentencing judges, not to the Court of Appeal.
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