SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0265
| GRANT DEGNEY | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST JA and KIDD AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 8 August 2019 |
| DATE OF JUDGMENT: | 19 August 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 183 |
| SENTENCE APPEALED FROM: | DPP v Degney [2018] VCC 2245 (Judge Marich) |
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CRIMINAL LAW — Appeal — Sentence — Attempted aggravated burglary and associated offences — Attempt to enter a house armed with a machete — Intent to assault by causing fear — Domestic violence setting — Whether total effective sentence of 3 years and 7 months’ imprisonment with 2 years non-parole manifestly excessive — Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms C Boston | Stary Norton Halphen |
| For the Respondent | Mr C B Boyce SC | Mr John Cain, Solicitor for Public Prosecutions |
PRIEST JA
KIDD AJA:
Introduction
On 8 November 2018, following a plea of guilty, the applicant was sentenced in the County Court as follows:
| Charge | Offence | Maximum | Sentence | Cumulation |
| 1 | Attempted aggravated burglary [Crimes Act 1958 (Vic) s 321M and s 77(1)] | 20 years’ imprisonment | 3 years and 6 months’ imprisonment | Base |
| 2 | Use unregistered general category handgun [Firearms Act 1996 (Vic) s 7B(1)] | 7 years’ imprisonment | 3 months’ imprisonment | 1 month |
| Related summary offences | ||||
| 3 | Possess controlled weapon without excuse | 1 year | 2 months’ imprisonment | Nil |
| 4 | Possess cartridge ammunition without permit | 40 penalty units | Convicted and fined $600 | Nil |
| Total Effective Sentence: | 3 years and 7 months’ imprisonment | |||
| Non-Parole Period: | 2 years | |||
| Pre-sentence detention declared: | 256 days | |||
| S 6AAA Statement: | But for the plea of guilty, on charges 1, 2 and 3 a term of imprisonment of 4 years and 6 months with a non-parole period of 3 years would have been imposed | |||
Grounds of appeal
The applicant now seeks leave to appeal against the sentence on charge 1, attempted aggravated burglary. There is one proposed ground of appeal, being that the sentence is manifestly excessive, having particular regard to:
(a) The objective gravity of the offending;
(b) The applicant’s limited criminal history, and a lack of relevant history;
(c) That the applicant is a youthful offender who has never before received a term of imprisonment;
(d) The early plea of guilty, admissions in record of interview, expressions of remorse and utilitarian value of the plea;
(e) Current sentencing practices.
Circumstances of offending
At the time of the offending the victim was residing with the applicant at his home in Frankston North, as she had been evicted from her premises. The victim and applicant had been in a relationship for about 6 years, although ‘on and off.’
On 28 February 2018, around 6.30 pm, the victim returned to the Frankston North property with some money. The applicant accused the victim of receiving the money from working as a prostitute. They argued for several hours, before the victim left the property to purchase groceries for dinner.
While the victim was shopping, the applicant sent abusive text…
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- AGLC
- Degney v The Queen [2019] VSCA 183
- Case
- [2019] VSCA 183
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentence imposed by the lower court was manifestly excessive. The appellant's legal team argued that the totality principle should be applied, considering the cumulative effect of the concurrent sentences for the related offences. They contended that the sentence failed to take into account the appellant's prospects of rehabilitation and the potential for a lesser punishment to achieve the aims of deterrence, retribution, and rehabilitation. The Crown, on the other hand, submitted that the sentence was appropriate given the seriousness of the offences and the need to protect the community.
The court considered the principles of sentencing and the need to balance the various objectives of sentencing, including general deterrence, specific deterrence, denunciation, and rehabilitation. The court noted the severity of the crimes, the appellant's history of violence, and the potential risk to the community. After carefully reviewing the evidence and arguments presented, the court found that the sentence was not manifestly excessive. The totality principle was acknowledged, but the court concluded that the sentence appropriately reflected the gravity of the offences and the need to protect the community. The appeal was dismissed, and the original sentence was upheld.
The final orders of the court were that the appeal be dismissed, and the original sentence of 3 years and 7 months’ imprisonment, with a non-parole period of 2 years, was affirmed. The court's decision underscored the importance of considering the totality of the sentence while also ensuring that the punishment adequately addresses the seriousness of the crimes and the need for community protection.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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