SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2020 0086
| DANIEL MARK CARTER | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | NIALL and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 5 June 2020 |
| DATE OF JUDGMENT: | 15 June 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 156 |
| JUDGMENT APPEALED FROM: | DPP v Carter (Unreported, County Court of Victoria, Judge Lacava, 8 April 2020) |
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CRIMINAL LAW – Appeal – Sentence – Recklessly causing injury – Intentionally damaging property – Possessing firearm while prohibited person – Attempting to pervert course of justice – Persistently breaching family violence intervention order – Total effective sentence of 3 years’ imprisonment with non-parole period of 2 years – Base sentence of 2 years for attempt to pervert course of justice – Guilty plea – Offending occurred in context of family violence within domestic relationship – Indigenous offender – ‘Guarded’ prospects of rehabilitation – Whether total effective sentence, or base sentence, manifestly excessive – Whether applicant ‘doubly punished’ – Whether totality principle offended – Whether sentencing judge erred in assessing prospects of rehabilitation – No error by sentencing judge – Sentence within range – Leave to appeal refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant: | Ms J L Turfrey | Rebecca Boreham Barrister and Solicitors |
| For the Respondent: | Mr J C J McWilliams | Ms A Hogan, Solicitor for Public Prosecutions |
NIALL JA
WEINBERG JA:
On 3 April 2020, the applicant, Daniel Mark Carter, pleaded guilty in the County Court at Mildura to recklessly causing injury, intentionally damaging property, possessing a firearm while a prohibited person, attempting to pervert the course of justice, and persistently contravening a family violence intervention order. He also pleaded guilty to a series of related summary charges. These included failing to store a firearm in a secure manner, possessing cartridge ammunition while unlicensed, and committing an indictable offence whilst on bail.
On 8 April 2020, the applicant was sentenced as follows:
Charge No.
Offence
Maximum
Sentence
Cumulation
1. Recklessly causing injury [s 18 — Crimes Act 1958] 5 years 6 months 6 months 2. Intentionally damage property [s 197(1) — Crimes Act 1958] 10 years 1 month — 3. Prohibited person possess a firearm [s 5(1) — Firearms Act 1996] 10 years 6 months 3 months 4. Attempt to pervert the course of justice [common law, s 320 — Crimes Act 1958] 25 years 2 years Base 5. Persistent contravention of family violence intervention order [ss 37, 123, and 125A — Family Violence Protection Act 2008] 5 years 6 months 3 months Related summary offences Summary Charge 8 Unlicensed person store firearm in insecure manner [s 129A — Firearms Act 1996] 4 years Convicted
and
discharged— Summary Charge 9 Possess ammunition without licence [s 124(1) —Firearms Act 1996] 40 penalty units Convicted
and
discharged— Summary Charge 13 Commit indictable offence whilst on bail [s 30B — Bail Act 1997] 3 months 1 month — Total effective sentence: 3 years’ imprisonment Non-parole period: 2…
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- AGLC
- Daniel Mark Carter v The Queen [2020] VSCA 156
- Case
- [2020] VSCA 156
- Decision Date
CaseChat Overview and Summary
The central legal issues the Court needed to address were whether the total effective sentence or the base sentence was manifestly excessive, whether the applicant had been 'doubly punished', and if the 'totality principle' had been breached. Additionally, the Court considered if the sentencing judge had erred in assessing the applicant's prospects of rehabilitation. The Court needed to determine if the sentence was within the appropriate range and whether there had been any error in the sentencing process.
The Court held that there was no error in the sentencing judge's approach. The total effective sentence and the base sentence were found to be within the appropriate range, considering the severity and nature of the offences committed. The Court was satisfied that the sentencing judge had appropriately assessed the applicant's prospects of rehabilitation, which were deemed 'guarded'. The Court found no breach of the totality principle and concluded that the applicant had not been 'doubly punished'. Therefore, the appeal was dismissed, and leave to appeal was refused.
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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