Christopher Wayne Hudson v The Queen

[2013] HCASL 196

CHRISTOPHER WAYNE HUDSON

v

THE QUEEN

[2013] HCASL 196
M77/2013

1. On 22 September 2008, having entered a plea of guilty, the applicant was sentenced in the Supreme Court of Victoria to: five years' imprisonment for being a prohibited person using an unregistered firearm; eight years' imprisonment on one count of intentionally causing serious injury; life imprisonment on one count of murder; and 12 years' imprisonment on each of two counts of attempted murder.  The sentencing judge (Coghlan J) declared the total effective sentence to be life imprisonment and fixed a non-parole period of 35 years' imprisonment.  Coghlan J indicated that, but for the plea of guilty, he would not have fixed a non-parole period.

2. On 9 December 2010, the Court of Appeal of the Supreme Court of Victoria (Ashley, Redlich and Harper JJA) refused the applicant leave to appeal his sentence.  Their Honours rejected the applicant's contention that the non‑parole period was manifestly excessive.  The applicant did not resist Coghlan J's characterisation of his offending as "falling into the highest category" of seriousness.  The length of the non-parole period fell within the range of sentences reasonably open to Coghlan J, and it was not to the point that lesser sentences had been imposed in some comparable cases.  Their Honours concluded that the non-parole period reflected the totality of the applicant's offending and the degree of his criminality.  There had also been an appropriate discount for the plea of guilty.

3. The applicant seeks an extension of time in which to file an application for special leave to appeal to this Court.  He continues to argue that the non-parole period imposed by Coghlan J was manifestly excessive.  There is no reason to doubt the Court of Appeal's decision.  An appeal to this Court would enjoy no prospects of success.  The extension of time should not be granted.

4. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 December 2013 P.A. Keane