Dillon James Stocks v The Queen - [2017] VSCA 137

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2016 0183

DILLON JAMES STOCKS	Applicant
v
THE QUEEN	Respondent

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JUDGES:	REDLICH, SANTAMARIA AND FERGUSON JJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	15 March 2017
DATE OF JUDGMENT:	14 June 2017
May 2017	[2017] VSCA 137
JUDGMENT APPEALED FROM:	DPP v Stocks (Unreported, County Court of Victoria, Judge Parsons, 15 August 2016)

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CRIMINAL LAW – Sentence – Appeal – Indictable offences – Related summary charges – Sentenced to imprisonment on summary charges – First offence – Sentences invalid – Appeal allowed – Appellant resentenced on summary charges – Other sentences and orders for cumulation confirmed – Appellant resentenced to 4 years and 2 months’ imprisonment and fines of $400 with non-parole period of 2 years and 6 months – Road Safety Act 1986 ss 49(2A)(a), 49(3AAA)(a).

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr C G Mandy	Victorian Aboriginal Legal Service
For the Crown	Mr C B Boyce SC with Mr M D Stanton	John Cain, Solicitor for Public Prosecutions

REDLICH JA
SANTAMARIA JA
FERGUSON JA:

Introduction

On 18 April 2016, the applicant, now aged 22, pleaded guilty to three charges of negligently causing serious injury contrary to s 24 of the Crimes Act 1958 and two related summary charges arising from a vehicle collision on 28 March 2015.

Following a plea hearing on 18 April, 4 July and 28 July 2016, the applicant was sentenced on 15 August 2016 as follows:

Indictment F14068449

Charge

Offence

Maximum

Sentence

Cumulation

1

Negligently causing serious injury [s 24 Crimes Act 1958]

10 years [s 24 Crimes Act 1958]

3 years and 6 months

Base

2

Negligently causing serious injury

10 years

3 years and 6 months

4 months

3

Negligently causing serious injury

10 years

3 years and 6 months

4 months

Related Summary Charges

8

Exceed prescribed concentration of alcohol in the blood within 3 hours of driving [s 49(1)(g) Road Safety Act 1986]

20 penalty units (first offence) [s 49(2A)(a) Road Safety Act 1986]

3 months

1 month

9

Exceed prescribed concentration of drugs in the blood [s 49(1)(bb) Road Safety Act 1986]

12 penalty units [s 49(3AAA)(a) Road Safety Act 1986]

3 months

1 month

Total Effective Sentence: 4 years and 4 months’ imprisonment

Non-Parole Period: 2 years and 9 months’ imprisonment

Pre-sentence detention declaration: 42 days

Section 6AAA statement: Total effective sentence of 6 years’ imprisonment with a non-parole period of 3 years and 6 months.

Other relevant orders: Licence disqualification for 2 years from 4 July 2016; Forensic Sample Order

Proposed grounds of appeal

The applicant now seeks leave to appeal his sentence on the following grounds:

1 The sentences imposed on the ‘related summary offences’ are invalid.
2The individual sentences and orders for cumulation on the counts of negligently causing serious injury are manifestly excessive, and fail to give appropriate weight to the matters in mitigation.

During the course of oral argument, the applicant was given leave to amend…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Dillon James Stocks v The Queen

Details

AGLC: Dillon James Stocks v The Queen [2017] VSCA 137
Case: [2017] VSCA 137
Decision Date: 14 June 2017

CaseChat Overview and Summary

The appellant was convicted of several indictable offences, including driving while disqualified, as well as a number of summary charges, and was sentenced to imprisonment on the summary charges. The Court of Appeal was required to determine whether the appellant's sentences for the summary charges were invalid due to the requirement under section 49(3AAA) of the Road Safety Act 1986 that, in the case of a first offence, a person should not be sentenced to imprisonment. The court also had to consider whether the sentences for the indictable offences and the orders for cumulation were appropriate. The Court of Appeal found that the sentences for the summary charges were indeed invalid, as they did not comply with the mandatory requirements of the relevant legislation. The court concluded that the appellant should be resentenced on the summary charges, while confirming the sentences and orders for the indictable offences and cumulation as appropriate. The appellant was ultimately resentenced to 4 years and 2 months’ imprisonment, with a non-parole period of 2 years and 6 months, and was also fined $400.

Orders