SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2019 0067
| NICHOLAS DEAN | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | BEACH, KAYE and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 28 April 2020 |
| DATE OF JUDGMENT: | 1 May 2020 |
| MEDIUM NEUTRAL CITATION: | [2020] VSCA 100 |
| JUDGMENT APPEALED FROM: | [2017] VCC 1989 (Judge Murphy) |
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CRIMINAL LAW – Appeal – Conviction – Aggravated home invasion and armed robbery against father and son – Applicant pleaded guilty to two charges of armed robbery – One charge of armed robbery alleged appropriation of property belonging to father (charge 2) – Second charge of armed robbery alleged appropriation of property belonging to son (charge 3) – Whether, on admitted facts, applicant could be said to be guilty of armed robbery against son – Applicant accepted summary of prosecution opening in the course of plea hearing – No challenge during plea hearing as to manner in which charge 3 formulated – Plea of guilty to be given its ordinary effect – Application for leave to appeal against conviction refused.
CRIMINAL LAW – Appeal – Sentence – Aggravated home invasion – Armed robbery – Possessing drug of dependence – Early plea – Offending in company – Joint criminal enterprise – Total effective term of 7 years’ imprisonment with non‑parole period of 4 years and 4 months – Sentence of 6 years’ imprisonment on charge of aggravated home invasion – Sentence of 2 years’ imprisonment on charge of armed robbery with 6 months’ cumulation – Whether sentence on charge of aggravated home invasion unfairly disparate from those of co-offenders – Parity principles properly considered and explained by sentencing judge – Whether sentence on charge of armed robbery manifestly excessive – No reasonable prospect this Court would reduce total effective sentence even if error could be established – Section 280(1)(b) of Criminal Procedure Act 2009 applied – Application for leave to appeal against sentence refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant: | Mr C K Wareham | Valos Black & Associates |
| For the Respondent: | Ms M Mahady | Ms A Hogan, Solicitor for Public Prosecutions |
BEACH JA
KAYE JA
WEINBERG JA:
On 10 July 2017, the applicant, Nicholas Dean, pleaded guilty in the County Court to one charge of aggravated home invasion, two charges of armed robbery, and one charge of possession of a drug of dependence (namely, methylamphetamine). He had been charged together with two co-offenders, Adrian McLean (who pleaded guilty to one charge of aggravated home invasion, one charge of possession of a drug of dependence, and a related summary offence of committing an indictable offence whilst on bail), and Amanda David (who pleaded guilty to one charge of aggravated home invasion, one charge of theft, one charge of possession of a drug of dependence, and a related summary offence of assaulting an emergency worker whilst on duty). On the Crown case, it was alleged that the charge of aggravated home invasion was based upon joint criminal enterprise.
On 21 December 2017, the applicant was sentenced as…
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- AGLC
- Nicholas Dean v The Queen [2020] VSCA 100
- Case
- [2020] VSCA 100
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the plea of guilty to the armed robbery charge against the son should be accepted at face value, and whether the sentence imposed was disproportionately harsh relative to his co-offenders. The Court examined whether there was any procedural unfairness in the plea hearing or in the formulation of the charge. Additionally, it assessed the sentence's proportionality, considering the principles of parity and the totality of the offending.
The Court found that the appellant's plea of guilty should be given its ordinary effect, as no challenge was made during the plea hearing concerning the charge's formulation. The Court held that the plea of guilty was valid and, therefore, the conviction stood. Regarding the sentence, the Court held that the sentencing judge had properly considered the principles of parity and had provided a reasoned explanation for the disparity in sentences between the appellant and his co-offenders. The Court further determined that there was no reasonable prospect that the total effective sentence would be reduced even if an error in sentencing was identified, and accordingly, the appeal against the sentence was dismissed.
The High Court ultimately refused the appellant leave to appeal against both his conviction and sentence. The Court's decision reaffirmed the importance of procedural correctness in plea hearings and the need for proportionality and parity in sentencing, while also recognising the weight given to a valid guilty plea in criminal proceedings.
Orders
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Background
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Decision
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