SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2020 0120
| DANIEL ZAMPATTI | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST and T FORREST JJA | |
| WHERE HELD: | MELBOURNE | |
| DATE OF HEARING: | 13 November 2020 | |
| DATE OF JUDGMENT: | 13 November 2020 | |
| MEDIUM NEUTRAL CITATION | [2020] VSCA 285 | |
| JUDGMENT APPEALED FROM: | [2020] VCC 628 (Judge Tinney) | |
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CRIMINAL LAW – Appeal – Sentence – Sentencing considerations – Manifest excess – Principle of totality – Indecent act with a 16 or 17 year old under care, supervision or authority – Principle of totality – Mitigating factors – Delay as a mitigating factor – Whether total effective sentence of 27 months’ imprisonment manifestly excessive – Range of sentences reasonably open to sentencing judge – Prosecution concession that combination sentence within range – Appeal allowed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Dr M FitzGerald | Doogue + George |
| For the Respondent | Mr P Bourke SC | Ms A Hogan, Solicitor for Public Prosecutions |
PRIEST JA
T FORREST JA:
On 15 May 2020 the appellant was sentenced in the County Court for
10 counts of committing an indecent act with a 16 or 17 year old child contrary to
s 49(1) of the Crimes Act 1958.
The sentencing details are contained within the table below.
Charge on Indictment
Offence
Maximum
Sentence
Cumulation
1 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 3 months 1 month 2 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 3 months 1 month 3 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 3 months 1 month 4 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 3 months 1 month 5 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 3 months 1 month 6 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 9 months 2 months 7 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 3 months 1 month 8 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 15
months
Base 9 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 15
months
3 months 10 Indecent act with a 16 or
17 year old child (s 49(1) Crimes Act 1958)5 years 3 months 1 month Total effective sentence: 2 years and 3 months’ imprisonment Non-parole period: 1 year and 2 months’ imprisonment Pre-sentence detention declared: 4 days Section 6AAA Statement: 3 years and 9 months’ imprisonment with a non-parole period of 2 years
and 3 months.
Ancillary orders: Registered as a sex offender for life;
sentenced as a serious sexual…
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- AGLC
- Zampatti v The Queen [2020] VSCA 285
- Case
- [2020] VSCA 285
- Decision Date
CaseChat Overview and Summary
The legal issues involved assessing whether the total effective sentence of 27 months' imprisonment was manifestly excessive. This required examining the range of sentences reasonably open to the sentencing judge and whether the sentence fell within that range. The appeal also considered the principle of totality, which requires that the totality of the sentence for multiple offences should not be disproportionate. Additionally, the court looked at the mitigating factors presented, including the delay in bringing the case to trial, to determine if they warranted a lesser sentence.
The High Court found that the total effective sentence was within the range of sentences reasonably open to the sentencing judge. It held that the combination sentence fell within that range, even considering the mitigating factors. The court emphasised the importance of the principle of totality and noted that the sentence imposed was not manifestly excessive. Consequently, the appeal was allowed, and the original sentence was affirmed.
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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