Charles v The Queen

Case [2011] VSCA 399


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2010 0082

PARRISH LACHLAN CHARLES

Applicant

v

THE QUEEN

Respondent

---

JUDGES:

REDLICH and HARPER JJA and ROBSON AJA

WHERE HELD:

MELBOURNE

DATE OF HEARING:

29 July 2011

DATE OF JUDGMENT:

30 November 2011

MEDIUM NEUTRAL CITATION:

[2011] VSCA 399

JUDGMENT APPEALED FROM:

[2009] VSC 667 (Curtain J)

---

CRIMINAL LAW – Application for leave to appeal sentence – Whether sentence was manifestly excessive – Whether the sentencing judge erred by failing to properly take into account the applicant’s mental condition – Discussion of the principles in R v Tsiaris and R v Verdins – Whether the sentencing judge erred by failing to properly take into account the sentencing principle of totality – Whether the sentencing judge erred by doubly punishing the applicant – Application for leave to appeal against sentence refused.

---

APPEARANCES: Counsel Solicitors
For the Applicant Mr C B Boyce Ronald V Tait
For the Crown Mr D A Trapnell Mr C Hyland, Solicitor for Public Prosecutions

REDLICH JA:

  1. I agree for the reasons Robson AJA has given that leave to appeal should be refused.

HARPER JA:

  1. I agree with Robson AJA.

ROBSON AJA:

  1. The applicant, Mr Parrish Charles, pleaded guilty in the Supreme Court of Victoria to two counts.  Count 1, that he intentionally caused serious injury.  Count 2, theft.  On 13 November 2009, he was sentenced as follows:

No.

Offence

Maximum

Sentence

Cumulation

1

Intentionally cause serious injury

20 years

[s 16 of the Crimes Act 1958]

9 years

Base

2

Theft

10 years [s 74(1) Crimes Act 1958]

1 year

6 months

Total Effective Sentence:

9 years 6 months

Non-Parole Period:

6 years 6 months

Pre-sentence detention declared:

277 days

Orders: Pursuant to s 28(1)(B) of the Road Safety Act 1986, the applicant’s driver’s licence be cancelled and the applicant disqualified from obtaining a licence for five years.

Section 6AAA:  Total effective sentence of 11 years and 6 months;  non-parole period of 8 years and 6 months.

  1. On 25 November 2009, the applicant gave notice of application for leave to appeal against sentence on the sole ground that the sentence was manifestly

excessive.  On 24 September 2010, Buchanan JA refused leave to appeal.[1]  He held it had not been demonstrated that the ground of the application was reasonably arguable.  On 25 October 2010, the applicant applied to the have the application for leave to appeal against sentence determined by three judges of the Court of Appeal.[2]

[1]Criminal Procedure Act 2009 s 315(1) gives a single judge of appeal power to give leave to appeal.

[2]Under s 315(2) of the Criminal Procedure Act 2009 if a Judge of Appeal refuses an application for leave to appeal in relation to any ground of appeal, the applicant is entitled to have the application determined by the Court of Appeal.

  1. For the reasons given below, I am not persuaded that leave to appeal should be granted.   

Circumstances of the offences

  1. The description of the circumstances is taken from…

Continue reading Charles v The Queen

Sign in free to access the full text

Details
AGLC
Charles v The Queen [2011] VSCA 399
Case
[2011] VSCA 399
Decision Date

CaseChat Overview and Summary

The applicant, Charles, sought leave to appeal against the sentence imposed by the court. The dispute centred around the severity of the sentence and the way it was determined, particularly in relation to the applicant's mental condition and the principle of totality. The case was heard in the High Court of Australia.

The court was tasked with determining whether the sentence imposed was manifestly excessive, whether the sentencing judge failed to adequately consider the applicant's mental condition, and whether the sentencing judge erred by not properly applying the principle of totality. Additionally, the court needed to assess if the sentencing judge erred by effectively punishing the applicant twice.

The court found that the sentence imposed was not manifestly excessive and that the sentencing judge had appropriately considered the applicant's mental condition. The court also found that the sentencing judge had correctly applied the principle of totality and had not doubly punished the applicant. As a result, the application for leave to appeal against the sentence was refused. The court held that the sentence was within the range of appropriate penalties for the offence committed and that there were no grounds for an appeal on the basis of the arguments presented by the applicant.

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.