Devine v Tasmania

[2015] TASCCA 19

[2015] TASCCA 19

COURT:        SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)

CITATION:                 Devine v Tasmania [2015] TASCCA 19

PARTIES:  DEVINE, Ricky Albert
  v
  STATE OF TASMANIA

FILE NO:  161/2015
DELIVERED ON:  26 August 2015
DELIVERED AT:  Hobart
HEARING DATE:  17 August 2015
JUDGMENT OF:  Tennent, Porter and Pearce JJ

CATCHWORDS:

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Serious offences of violence involving use of a knife by repeat offender – Sentence of seven years' imprisonment with no order for parole but two years' probation on release – No challenge to head sentence – Sentence not manifestly excessive by reason of there being no parole order.

Aust Dig Criminal Law [3521]

REPRESENTATION:

Counsel:
             Appellant:  G Barns
             Respondent:  D Coates SC
Solicitors:
             Respondent:  Acting Director of Public Prosecutions

Judgment Number:  [2015] TASCCA 19
Number of paragraphs:  37

Serial No 19/2015

File No 161/2015

RICKY ALBERT DEVINE v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

TENNENT J
PORTER J
PEARCE J
26 August 2015

Order of the Court

Appeal dismissed

Serial No 19/2015

File No 161/2015

RICKY ALBERT DEVINE v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

TENNENT J
26 August 2015

1. On 1 November 2013, the appellant, Ricky Albert Devine, was sentenced on his plea of guilty in respect of a number of offences. These were:

   ·     one count of aggravated burglary,

   ·     two counts of committing an unlawful act intended to cause bodily harm,

   ·     three breaches of a family violence order,

   ·     one count of motor vehicle stealing, and

   ·     one count of destroy property.

   All of the charges arose out of events which occurred at the home of his former partner, Jodie Perone, on the morning of 21 July 2013.

2. The appellant's relationship with Ms Perone had ended in November 2012. She subsequently moved to the north of the State because the appellant had threatened to cut her throat and burn her house down. On 14 February 2013, her house was burnt down, although no one has been charged in relation to that fire. Ms Perone moved back to Hobart. Ms Perone then entered into a relationship with Mr Damon Waller, who was known to the appellant. The appellant was not happy about this new relationship, and made threats to harm Mr Waller. Ms Perone sought a family violence order, and, on 3 May 2013, that was served on the appellant. He was required not to approach Ms Perone at all.

3. On the morning of 21 July 2013, Ms Perone and Mr Waller were at their home at Glenorchy. The appellant arrived and began kicking the front door. He then smashed a window beside the door. The appellant was yelling and screaming. A period of silence followed and Ms Perone thought the appellant had gone. She opened the door and found him standing there. He produced a long knife…