SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2015 0214
| DIRECTOR OF PUBLIC PROSECUTIONS | Appellant |
| v | |
| BRIAN ROBERT BROWNING | Respondent |
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| JUDGES: | WEINBERG, WHELAN and KAYE JJA | |
| WHERE HELD: | MELBOURNE | |
| DATE OF HEARING: | 21 June 2016 | |
| DATE OF JUDGMENT: | 4 July 2016 | |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 153 | 1st Revision: 5 July 2016 para [93] |
| JUDGMENT APPEALED FROM: | R v Browning [2015] VSC 556 (Lasry J) | |
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CRIMINAL LAW – Crown appeal – Sentence – Murder by husband of wife – Marriage breakdown –Victim asleep in own home – Multiple stab wounds to upper body – Respondent had consumed sleeping tablets containing doxylamine – Effect upon mental state – Adjustment disorder – Post-traumatic stress disorder – No history of violence – Remorse not ‘of significant level’ – Plea of not guilty – Sentence of 18 years’ imprisonment with 14 year non-parole period manifestly inadequate – Re-sentenced to 21 years’ imprisonment with non-parole period of 16 years
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr C Boyce SC | Mr J Cain, Solicitor for Public Prosecutions |
| For the Respondent | Mr G A Georgiou SC with Mr P Doyle | James Dowsley & Associates |
WEINBERG JA
WHELAN JA:
In the early hours of Thursday, 19 December 2013, the respondent, Brian Robert Browning, entered the bedroom normally occupied by one of his daughters at the home he shared with his wife of 23 years, Catherine Elizabeth Browning. Mrs Browning was asleep in that room.
The respondent, in a frenzied attack, stabbed his wife repeatedly to the chest, neck and throat. He inflicted some 15 separate stab wounds. It seems that she attempted to resist him, but to no avail. She died almost immediately from her injuries.
After a trial lasting some 13 days, the respondent was convicted of his wife’s murder. He was sentenced to a term of 18 years’ imprisonment, with a non-parole period of 14 years.
The Director of Public Prosecutions has appealed against that sentence, alleging that it is manifestly inadequate. As is invariably the case, the Director has provided detailed particulars of that ground.
Putting to one side the usual ‘boilerplate’ particulars, the Director contends that the sentencing judge failed to have sufficient regard to features of the offending that made this a particularly serious offence. The Director focussed, in particular, upon the fact that this was a brutal and wholly unprovoked attack upon a defenceless woman. It was said to involve a gross breach of trust. The murder itself was premeditated to some degree because the respondent had armed himself with a large knife that he had obtained from the kitchen shortly before carrying out the attack. The respondent chose to plead not guilty, as was his right. However, that meant that he could receive no benefit from the utilitarian value ordinarily associated with a plea of guilty. In addition, the sentencing judge was unpersuaded that his remorse was ‘of a significant level’.[1]
[1]R v Browning [2015] VSC 55, [30] (‘Reasons’).
In addition, the Director submitted…
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- AGLC
- DPP v Browning [2016] VSCA 153
- Case
- [2016] VSCA 153
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the original sentence was manifestly inadequate and whether the appropriate punishment should be increased. The court considered factors such as the brutality of the crime, the mental state of the respondent at the time of the offence, and the level of remorse shown. The court also noted that the respondent had pleaded not guilty to the charge of murder.
The court held that the original sentence was manifestly inadequate and that the appropriate punishment should be increased. The court found that the brutality of the crime and the lack of remorse shown by the respondent warranted a harsher sentence. The court re-sentenced the respondent to 21 years’ imprisonment with a non-parole period of 16 years. The court emphasised that the sentence should reflect the gravity of the offence and the need for deterrence and protection of the community. The court also noted that the respondent’s mental state at the time of the offence was a mitigating factor, but it did not outweigh the severity of the crime.
The final orders of the court were that the respondent be re-sentenced to 21 years’ imprisonment with a non-parole period of 16 years. The court also noted that the respondent’s mental state at the time of the offence was a mitigating factor, but it did not outweigh the severity of the crime. The court emphasised that the sentence should reflect the gravity of the offence and the need for deterrence and protection of the community.
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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