Collins (a pseudonym) v The Queen

Case [2018] VSCA 131


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2017 0248

CARL COLLINS[1]
v
THE QUEEN

[1]To ensure that there is no possibility of identification, this judgment has been anonymised by the adoption of pseudonyms in place of the name of the applicant.

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JUDGES: OSBORN, WHELAN AND BEACH JJA
WHERE HELD: MELBOURNE
DATE OF HEARING: 26 April 2018
DATE OF JUDGMENT: 26 April 2018[2]
MEDIUM NEUTRAL CITATION: [2018] VSCA 131
JUDGMENT APPEALED FROM: R v Collins (Unreported, County Court of Victoria)

[2]This is a revised version of the oral reasons delivered on 26 April 2018.  It has been edited to protect the identity of the applicant.

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SENTENCING – Appeal – Handling stolen goods – Arson – Whether sentence manifestly excessive – Whether applicant’s assistance to authorities, guilty plea and prospects of rehabilitation adequately reflected in individual sentences imposed – Appeal allowed – Applicant resentenced.

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APPEARANCES: Counsel Solicitors
For the Applicant Ms E Clark James Dowsley & Associates
For the Respondent Mr B Sonnett Mr John Cain, Solicitor for Public Prosecutions

OSBORN JA:

  1. The applicant is aged 28.  On 4 October 2017 he pleaded guilty to one charge of handling stolen goods, one charge of arson and two related summary offences of driving whilst disqualified. 

  1. On 2 November 2017 he was sentenced in the County Court as follows:

Charge on Indictment Offence Maximum Sentence Cumulation
1 Handling stolen goods [Crimes Act 1958 s 88(1)] 15 years’ imprisonment 2 years 6 months 6 months
2 Arson [Crimes Act 1958 s 197(1) & (6)] 15 years’ imprisonment 5 years Base
Summary Charge 1 Drive whilst disqualified [Road Safety Act 1986 s 30(1)]

First offence: 30 penalty units or 4 months’ imprisonment

Subsequent offence: 240 penalty units or 2 years’ imprisonment

1 month Nil
Summary Charge 4 Drive whilst disqualified

First offence: 30 penalty units or 4 months’ imprisonment

Subsequent offence: 240 penalty units or 2 years’ imprisonment

1 month Nil
Total Effective Sentence: 5 years 6 months’ imprisonment
Non-Parole Period: 2 years 6 months
Pre-sentence Detention Declared: 281 days
6AAA Statement: Not declared
  1. The applicant seeks leave to appeal against sentence on the following grounds:

1.The individual sentences, total effective sentence, and non-parole period are each manifestly excessive in the circumstances of the case.

Particulars

(a)The weight said to be given by the learned sentencing judge to the applicant’s assistance to authorities is not reflected in the individual sentences imposed.

(b)The weight said to be given by the learned sentencing judge to the applicant’s plea of guilty is not reflected in the individual sentences imposed.

(c)The weight said to be given by the learned sentencing judge to the applicant’s prospects for rehabilitation is not reflected in the individual sentences imposed.

(d)The sentences imposed are not consistent with current sentencing practices.

2.The non-parole period imposed offends against s 5(2AA) Sentencing Act 1991 in that it is disproportionately short.

  1. For the reasons which follow I would grant leave to appeal and allow the appeal.  I…

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Collins (a Pseudonym) v The Queen [2018] VSCA 131
Case
[2018] VSCA 131
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CaseChat Overview and Summary

The case involved Collins, whose identity is protected under a pseudonym, and the Crown, represented by The Queen. The dispute centred on the sentencing of Collins, who was convicted of handling stolen goods and arson. Collins appealed against his sentence, arguing it was manifestly excessive. The appeal was heard in the High Court of Australia. The legal issues before the court included whether the sentence imposed was manifestly excessive and whether Collins's assistance to authorities, guilty plea, and prospects of rehabilitation were adequately reflected in the individual sentences.

The court examined the circumstances of the crimes and the sentencing principles that should apply. It considered the nature and gravity of the offences, Collins's cooperation with the authorities, his guilty plea, and his potential for rehabilitation. The court found that while the offences were serious, the sentence was disproportionate given the mitigating factors. The court also noted that the individual sentences did not sufficiently account for Collins's cooperation and prospects of rehabilitation. As a result, the appeal was allowed, and the case was remitted for resentencing.

In light of the findings, the High Court ordered that Collins be resentenced by the lower court. The court emphasised that the resentencing should appropriately reflect the mitigating factors identified during the appeal. The final orders were that the appeal be allowed, and the case be remitted for resentencing, with specific instructions to consider Collins's assistance to authorities, his guilty plea, and his prospects of rehabilitation in the new sentencing determination.

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

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Ratio Decidendi

Legal Principle Established

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