SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2015 0050
| ANDREW DAWSON | Applicant |
| v | |
| THE QUEEN | Respondent |
S APCR 2015 0060
| DAMIEN STEWART | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | REDLICH and BEACH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 24 June 2015 |
| DATE OF JUDGMENT: | 25 June 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 166 |
| JUDGMENT APPEALED FROM: | DPP v Dawson (Unreported, County Court of Victoria, Judge Maidment, 23 January 2015) |
---
CRIMINAL LAW – Sentence – Armed robbery – Sentence of 22 months’ imprisonment together with CCO of 24 months – Whether term of imprisonment in addition to CCO manifestly excessive – Whether tension between Sentencing Act 1991 s 5(4C) and current sentencing practices – Proof of offence derived from admissions – Failure to apply Doran discount – Re-sentencing by reducing individual sentence and making orders for cumulation – Total effective sentence unaltered.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant, Dawson | Ms F H Todd | James Dowsley & Associates |
| For the Applicant, Stewart | Ms N D Kaddeche | Ms Melinda Walker |
| For the Respondent | Mr P B Kidd SC | Ms V Anscombe, Acting Solicitor for Public Prosecutions |
REDLICH JA
BEACH JA:
Introduction
On 16 October 2014, Andrew Dawson pleaded guilty in the County Court to one charge of armed robbery and one charge of driving an unregistered motor vehicle. On the same day, Damien Stewart (a co-offender in respect of the armed robbery) pleaded guilty to one charge of armed robbery, one charge of trafficking in a drug of dependence (methylamphetamine), two charges of possessing a drug of dependence (methylamphetamine and cannabis), two charges of possessing a prohibited weapon, one charge of possessing a controlled weapon and one charge of dealing with property suspected of being the proceeds of crime. Following plea hearings conducted on 16 October, 27 November, 12 December 2014[1] and 22 January 2015, Dawson and Stewart were sentenced on 23 January 2015 as follows:
[1]On 12 December 2014, both matters were adjourned for sentencing on 19 December 2014. However, on 19 December 2014, both matters were adjourned to 22 January 2015 so as to give the parties an opportunity to make submissions about the effect of the guideline judgment in Boulton v The Queen [2014] VSCA 342 (‘Boulton’) that was then anticipated would be delivered on 22 December 2014. Boulton was delivered as anticipated on 22 December 2014, and the parties made submissions about its effect on 22 January 2015, before sentences were pronounced by the judge on 23 January 2015.
Andrew Dawson
Charge on Indictment Offence Maximum Sentence Cumulation 2 Armed robbery [Crimes Act1958 s 75A(1)] 25 years
[Crimes Act1958 s 75A(2)]22 months and 2 year CCO to commence upon completion of imprisonment Base Summary Charge 3 Driving an unregistered motor vehicle [Road Safety Act1986 s 7(1)(a)] 25 penalty units [Road Safety Act1986 s 7(3)(a)(i)] Convicted and discharged N/A Total Effective Sentence: 22 months and 2 year CCO to commence upon completion of imprisonment Non-Parole…
Continue reading Dawson v The Queen
Sign in free to access the full text
- AGLC
- Dawson v The Queen [2015] VSCA 166
- Case
- [2015] VSCA 166
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the appropriateness of the sentence given and the application of statutory provisions regarding sentencing. Specifically, the court examined whether the sentence was manifestly excessive and whether the trial judge's failure to apply the Doran discount was a material error. Additionally, the court considered the tension between the statutory requirements under section 5(4C) of the Sentencing Act 1991 and the prevailing sentencing practices in similar cases.
The court found that the term of imprisonment was indeed excessive when considered alongside the 24-month CCO. The court highlighted that the trial judge had not applied the Doran discount, which should have been considered given Dawson's admissions. The court re-sentenced Dawson, reducing the imprisonment term and ensuring that the total effective sentence remained consistent with the original. The court concluded that the tension between statutory requirements and current practices warranted a re-assessment of the sentence, but the overall custodial period should remain the same.
The court's final orders involved reducing the term of imprisonment from 22 months to a more appropriate length while maintaining the 24-month CCO. The cumulative effect of the sentence was left unchanged, ensuring that the total punishment remained consistent with the original sentence. The court emphasised the importance of balancing statutory requirements with contemporary sentencing practices, ultimately achieving a fair and proportionate outcome for the defendant.
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.