SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0284
| GLYN DICKMAN | Applicant |
| v | |
| THE QUEEN (NO 2) | Respondent |
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| JUDGES: | WHELAN and PRIEST JJA and CROUCHER AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 19 August 2015 |
| DATE OF JUDGMENT: | 30 November 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 351 |
| JUDGMENT APPEALED FROM: | DPP v Dickman (Unreported, County Court of Victoria, Judge Coish, 21 November 2014 (Sentence)). |
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CRIMINAL LAW – Appeal – Sentence – Intentionally cause serious injury and threat to kill – Whether sentence manifestly excessive – Parity – Co-offender convicted of recklessly cause serious injury, threat to kill and other offences – Co-offender had relevant criminal history – Appeal allowed – Resentencing – Delay – Fresh evidence – Additional hardship resulting from reinstatement of conviction – R v Wei Tang (2009) 23 VR 332 considered.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr S Doyle QC with Mr B J Doyle | Barbaro Thilthorpe Lawyers |
| For the Crown | Ms F L Dalziel | Mr J Cain, Solicitor for Public Prosecutions |
WHELAN JA:
On 30 October 2014, following a trial in the County Court, the applicant was convicted of an offence of intentionally causing serious injury and an offence of making a threat to kill. The offences were committed on 27 September 2009. On 21 November 2014 the applicant was sentenced to a total effective term of imprisonment of eight years with a non-parole period of five years six months.
The applicant sought leave to appeal his conviction and sentence. That application was heard by the Court of Appeal on 19 August 2015. In a judgment delivered on 23 November 2015[1] the majority determined that leave to appeal against conviction should be granted, that the appeal should be allowed and the conviction quashed, and that there should be a new trial. The Director of Public Prosecutions (‘DPP’) sought and obtained special leave to appeal to the High Court. In a judgment of 21 June 2017 the High Court allowed the appeal, set aside the orders of the Court of Appeal and in their place ordered that the appeal against conviction be dismissed, and remitted the proceeding to this Court to determine the applicant’s application for leave to appeal against sentence.[2]
[1][2015] VSCA 311 (‘Court of Appeal Reasons’).
[2](2017) 344 ALR 474.
Prior to the hearing before this Court on 19 August 2015 the applicant and the DPP had filed written cases concerning the application for leave to appeal against sentence and oral submissions were heard on 19 August 2015. Consequent upon the remission of the matter, the parties filed additional written submissions. The parties have not sought a further hearing.
It is now necessary to determine the application for leave to appeal against sentence.
Circumstances of the offending
The circumstances of the relevant offending were as follows.[3]
[3]This summary is drawn from the Sentencing Reasons of Judge Coish in relation to the applicant: DPP v Dickman (Unreported, County Court of Victoria, Judge Coish, 21 November 2014) (‘Judge Coish…
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- AGLC
- Dickman v The Queen [No 2] [2017] VSCA 351
- Case
- [2017] VSCA 351
- Decision Date
CaseChat Overview and Summary
The Court had to determine whether the sentence imposed was manifestly excessive and whether there was a parity issue with the co-offender. The Court also considered the admissibility and relevance of new evidence presented by the appellant. The Court had to weigh the circumstances of the crime, the sentence, and the appellant's personal situation, including the hardship of his re-incarceration after being released on bail.
The Court found that the appellant’s ground concerning parity was well-made and that it was necessary to grant leave to appeal, allow the appeal, and sentence the appellant afresh. The Court found that the sentence was manifestly excessive, taking into account the appellant’s personal circumstances and the new evidence presented. The Court emphasised the importance of considering the events that have occurred since the original sentencing, including the appellant's time spent in custody and subsequent release on bail, as it pertained to the fairness and justice of the situation. The Court referenced the case of R v Wei Tang to highlight the importance of considering fresh evidence that could lead to a more just outcome.
The Court allowed the appeal, quashed the sentence, and ordered a fresh sentencing hearing. The Court directed that the appellant be re-sentenced in accordance with the law and the facts as presented, ensuring that the new evidence was considered in the sentencing process. The Court's decision underscored the importance of considering all relevant factors, including the personal impact on the appellant, to ensure a just and fair outcome.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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