SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2019 0005
| DIRECTOR OF PUBLIC PROSECUTIONS | Appellant |
| v | |
| MATTHEW JOHN EVANS | Respondent |
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| JUDGES: | MAXWELL P, T FORREST and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 15 August 2019 |
| DATE OF JUDGMENT: | 25 October 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 239 |
| JUDGMENT APPEALED FROM: | DPP v Evans [2018] VCC 2154 (Judge Smallwood) |
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CRIMINAL LAW – Appeal – Sentence – Crown appeal – Intentionally causing serious injury – Family violence – Assault on wife’s new partner – Life-threatening injuries – Victim permanently incapacitated – Sentence of 5 years and 6 months’ imprisonment with non‑parole period of 2 years and 9 months – Whether manifestly inadequate – Offender made significant admissions – Whether prosecution otherwise viable – Substantial sentencing discount warranted – General deterrence – Appeal allowed – Resentenced to 7 years and 6 months’ imprisonment with non-parole period of 4 years and 6 months – R v Doran [2005] VSCA 271 applied.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr B F Kissane QC with Mr P J Smallwood | Mr J Cain, Solicitor for Public Prosecutions |
| For the Respondent | Mr P S Tiwana with Mr G Nikolovski | Dribbin & Brown |
MAXWELL P
T FORREST JA
WEINBERG JA:
On 14 December 2018, in the County Court at Bairnsdale, the respondent pleaded guilty to one charge of having intentionally caused serious injury, contrary to s 16 of the Crimes Act 1958. On the same day he was sentenced as follows:
Charge on Indictment
H13004918
Offence Maximum Sentence Cumulation 1 Causing serious injury intentionally 20 years’ imprisonment 5 years and 6 months’ imprisonment - Non-parole period: 2 years and 9 months Pre-sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991: 21 days 6AAA statement: 9 years’ imprisonment with a non-parole period of 6 years.
The Director of Public Prosecutions has appealed against that sentence. She relies on the following ground of appeal:
The individual sentence and non-parole period are each manifestly inadequate in all of the circumstances.
Particulars:
In fixing the sentence referred to above, the learned sentencing judge:
(a) Failed to give sufficient weight to the nature and objective gravity of the offending and the culpability of the offender;
(b) Failed to have sufficient regard to the impact on the victim;
(c) Failed to have sufficient regard to the maximum penalty prescribed for the offence of intentionally causing serious injury;
(d) Failed to give sufficient weight to the principles of general deterrence, just punishment and denunciation; and
(e) Gave too much weight to factors in mitigation.
For reasons which follow, we would allow the appeal. In our view, it was not reasonably open to his Honour to impose the sentence that he did if proper weight had been given to all of the relevant factors including established sentencing standards for offences of this gravity. We would set aside the sentence imposed, and resentence the respondent to a term of 7 years and 6 months’ imprisonment, with a…
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- AGLC
- Director of Public Prosecutions v Matthew John Evans [2019] VSCA 239
- Case
- [2019] VSCA 239
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly inadequate. The court considered whether the sentence adequately reflected the gravity of the offence, including the severity of the injuries inflicted and the impact on the victim. Additionally, the court examined the offender's admissions and the viability of the prosecution. The court also assessed whether the original sentence warranted a substantial discount due to the offender’s cooperation and the general principles of deterrence.
The Court of Appeal found that the original sentence was manifestly inadequate. It took into account the significant admissions made by the offender, the severe injuries inflicted on the victim, and the need for general deterrence. The court held that a substantial discount was warranted given the offender's cooperation with the prosecution. Applying the principles from R v Doran, the court resentenced Evans to 7 years and 6 months’ imprisonment, with a non-parole period of 4 years and 6 months. This sentence was deemed appropriate to reflect the seriousness of the offence and to serve as a deterrent against similar conduct.
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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Ratio Decidendi
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