| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0005 |
| DANIEL CASTILLO (A PSEUDONYM) | Applicant |
| v | |
| THE KING | Respondent |
---
| JUDGES: | BEACH and TAYLOR JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 14 June 2023 |
| DATE OF JUDGMENT: | 20 June 2023 |
| MEDIUM NEUTRAL CITATION: | [2023] VSCA 150 |
| JUDGMENT APPEALED FROM: | Director of Public Prosecutions v Castillo (a pseudonym) [2022] VCC 2180 (Judge Morrish) |
---
CRIMINAL LAW – Appeal – Sentence – Armed robbery – Intentionally causing serious injury in circumstances of gross violence – Sentence of six years imprisonment – Non-parole period of three years and three months – Applicant aged 17 at the time of offending – Whether judge erred in finding that exceptional circumstances enabling the making of a Youth Justice Centre Order were not established – Whether judge erred in failing to moderate general deterrence for a young offender – Whether sentence manifestly excessive – Leave to appeal refused.
Sentencing Act 1991, ss 5(2H), 32; Children, Youth and Families Act 2005, ss 360–362.
---
| Counsel | |||
| Applicant: | Mr M D Stanton with Mr H Moodie | ||
| Respondent: | Ms A Moran | ||
Solicitors | |||
| Applicant: | James Dowsley & Associates | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
BEACH JA
TAYLOR JA:
Introduction and Overview
On 23 September 2021 the applicant pleaded guilty to one charge of armed robbery,[1] one charge of intentionally causing serious injury in circumstances of gross violence[2] and one charge of trafficking in a drug of dependence.[3]
[1]Contrary to s 75A of the Crimes Act 1958.
[2]Contrary to s 15A of the Crimes Act 1958.
[3]Contrary to s 71AC(1) of the Drugs, Poisons and Controlled Substances Act 1981.
The first two charges arose from the same May 2021 incident. In short, the applicant, then aged 17 years, had arranged to meet the victim, then aged 16 years, in order to purchase electronic cigarettes (known colloquially as ‘vapes’) from him. At the meeting the applicant produced a large butcher’s knife. As the victim, still in possession of the vapes, attempted to flee, the applicant gave chase, unsheathed the knife and stabbed the victim in the back. The applicant kicked the victim to the upper body before stabbing him multiple times to the chest as he lay incapacitated on the ground. He also slashed the victim’s fingers, scalp and neck before fleeing the scene with the vapes. The third charge arose when police later executed a search warrant at the applicant’s apartment block and found cannabis along with vapes and the knife.
Following a plea, which continued over five dates between March and December 2022, the applicant was sentenced on 13 December 2022 as follows.
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| 1 | Armed robbery | 25 years | 3 years | 1 year |
| 2 | Intentionally cause serious injury in circumstances of gross violence | 20 years | 5 years | Base |
| 3 | Trafficking in a drug of dependence | 15 years | 1 month | |
| Total Effective Sentence: | 6 years’ imprisonment | |||
| Non-Parole Period: | 3 years and 3 months’ imprisonment | |||
| Pre-sentence Detention Declared: | 18 days | |||
Continue reading Castillo (a Pseudonym) v The King
Sign in free to access the full text
- AGLC
- Castillo (a Pseudonym) v The King [2023] VSCA 150
- Case
- [2023] VSCA 150
- Decision Date
CaseChat Overview and Summary
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.