SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2010 0169 | |
| RODNEY CHARLES COLLINS | Appellant |
| v | |
| THE QUEEN | Respondent |
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JUDGES: | WARREN CJ, REDLICH and HANSEN JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 1 May 2012 | |
DATE OF JUDGMENT: | 30 July 2012 | |
MEDIUM NEUTRAL CITATION: | [2012] VSCA 163 | 1st revision 5 October 2012 |
JUDGMENT APPEALED FROM: | DPP v Collins [2010] VSC 209 (Curtain J) | |
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CRIMINAL LAW – Conviction – Two counts of murder – Admissibility of conversations covertly recorded in prison – Discretion to exclude evidence on basis of unfairness and/or public policy grounds – R v Swaffield (1998) 192 CLR 159; Tofilau v The Queen (2007) 231 CLR 396; Em v The Queen (2007) 232 CLR 67 referred to – Judge’s factual findings open – Evidence properly admitted – Appeal dismissed.
CRIMINAL LAW – Sentence – Two counts of murder – Life imprisonment with non-parole period of 32 years – Not manifestly excessive – Judge had proper regard to appellant’s age and principles relating to ‘crushing sentences’ – Offences correctly described as ‘worst category’ – Relevance of restrictive prison conditions – Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr C B Boyce | C D Traill Lawyers |
| For the Crown | Mr T Gyorffy SC | Mr C Hyland, Solicitor for Public Prosecutions |
WARREN CJ
REDLICH JA:
We have had the advantage of reading in draft form the judgment of Hansen JA. We agree with his Honour, for the reasons that he gives, that the appeals against conviction and sentence should both be dismissed.
However, we would add that the condition in which the appellant is currently detained is troubling. In the course of submissions counsel for the appellant adverted, effectively in passing, that the appellant’s custodial arrangements were harsh. No separate argument was articulated in any precise manner. The Court took the matter up with the Crown. Ultimately, it was only through the questioning by the Court and the request for information that the Crown came to expose the circumstances of the appellant’s custody. Whilst the appellant’s counsel relied on the circumstances and burden of imprisonment as a particular of manifest excess, no evidence was given. Eventually, at the Court’s request, the Crown filed an affidavit sworn by Brendan Francis Money, the Director of the Sentence Management Branch of Corrections Victoria, describing the conditions of the appellant’s custody.
Mr Money deposes that in November 2011, whilst in custody, the appellant was observed to have a black eye. CCTV footage showed the appellant pushing and shoving with another prisoner ‘but it was not clear that there was any assault or how the incident started’. The appellant told the prison authorities that he got the black eye after slipping in the shower. It appears that the prison authorities did not accept this explanation and believed that the appellant was assaulted. Mr Money deposes that the prison authorities were concerned about the appellant ‘being unpopular with other prisoners’. He says that ‘[t]here has been considerable speculation amongst the…
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- AGLC
- Collins v The Queen [2012] VSCA 163
- Case
- [2012] VSCA 163
- Decision Date
CaseChat Overview and Summary
The High Court concluded that the judge's findings were open and appropriately exercised discretion in admitting the evidence, given the circumstances. The court found that the evidence did not warrant exclusion on fairness or public policy grounds, as it was relevant and necessary for the trial. The court further determined that the sentence was not manifestly excessive, as the judge had properly considered the appellant's age and the principles of sentencing. The court recognised the gravity of the crimes, describing them as belonging to the 'worst category', and acknowledged the restrictive conditions of the prison sentence. The appeal was dismissed on both the admissibility of the evidence and the appropriateness of the sentence.
The final orders of the court were to dismiss both the appeal concerning the admissibility of the evidence and the appeal regarding the sentence. The conviction and sentence remained upheld, reflecting the court's confidence in the judge's handling of the case.
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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