SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2019 0078
| NEVILLE DONOHUE | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST and BEACH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 2 July 2019 |
| DATE OF JUDGMENT: | 2 July 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 160 |
| JUDGMENT APPEALED FROM: | [2018] VCC 1578 (Judge Carmody) |
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CRIMINAL LAW – Sentence – Application for extension of time to apply for leave to appeal against sentence – Applicant found guilty of attempting to pervert course of justice (3 charges), perjury (4 charges), making a false document (12 charges) – Total effective sentence of 4 years and 5 months, with non-parole period of 2 years and 9 months – Whether judge erred in assessment of medical evidence – Whether sentence manifestly excessive – Application for leave to appeal having no prospects of success – Futile to grant extension of time – Application refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | In person | |
| For the Respondent | Mr P Bourke | Mr J Cain, Solicitor for Public Prosecutions |
PRIEST JA
BEACH JA:
On 10 September 2018, following a trial in the County Court, the applicant was convicted of 12 charges of making a false document, three charges of attempting to pervert the course of justice and four charges of perjury. On 25 September 2018, the applicant was sentenced as follows:
Charge on IndictmentF13803116.1
Offence
Maximum
Sentence
Cumulation
1. Make false document 10 years 9 months Nil 2. Make false document 10 years 9 months Nil 3. Make false document 10 years 9 months Nil 4. Make false document 10 years 9 months Nil 5. Make false document 10 years 9 months Nil 6. Attempt to pervert the course of justice 25 years 18 months 12 months 7. Make false document 10 years 9 months Nil 8. Make false document 10 years 9 months Nil 9. Make false document 10 years 9 months Nil 10. Make false document 10 years 9 months Nil 11. Make false document 10 years 9 months Nil 12. Attempt to pervert the course of justice 25 years 18 months 4 months 13. Make false document 10 years 9 months Nil 14. Make false document 10 years 9 months Nil 15. Attempt to pervert the course of justice 25 years 18 months 4 months 16. Perjury 15 years 2 years BASE 17. Perjury 15 years 2 years 3 months 18. Perjury 15 years 2 years 3 months 19. Perjury 15 years 2 years 3 months Total Effective Sentence: 4 years 5 months Non-Parole Period: 2 years 9 months (1) of the Sentencing Act 1991Pre-Sentence detention declaration pursuant to s 18: 15 days
On 9 December 2018, the applicant filed an application for an extension of time within which to seek leave to appeal against his sentence. The grounds of the extension of time application are that the applicant did not realise, until he was advised on 27 November 2018, that an original application faxed to the Court on 16 October was not received by…
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- AGLC
- Donohue v The Queen [2019] VSCA 160
- Case
- [2019] VSCA 160
- Decision Date
CaseChat Overview and Summary
The court considered the grounds for appeal and examined the evidence presented. The court held that the appeal had no prospects of success as the medical evidence did not warrant a different assessment, and the sentence was not manifestly excessive. The court noted that the primary judge had considered the medical evidence and had appropriately weighed it in the context of the overall case. The court found that the sentence was within the range of sentences that could be imposed for the offences committed.
The court also considered whether it was futile to grant an extension of time. The court held that it was futile to grant an extension of time as the application for leave to appeal had no prospects of success. The court noted that the applicant had not provided any new evidence or arguments that would warrant a different outcome. The application for an extension of time was refused.
The court did not make any orders regarding costs or any other matters. The decision was limited to the refusal of the application for an extension of time.
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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