SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2013 0152
| DIRECTOR OF PUBLIC PROSECUTIONS | Appellant |
| v | |
| JACQUES TONY FUCILE | Respondent |
AND
S APCR 2013 0153
| DIRECTOR OF PUBLIC PROSECUTIONS | Appellant |
| v | |
| QUOC HAI TRAN | Respondent |
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| JUDGES | MAXWELL P, WEINBERG and TATE JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 11 October 2013 |
| DATE OF JUDGMENT | 11 November 2013 |
| MEDIUM NEUTRAL CITATION | [2013] VSCA 312 |
| JUDGMENT APPEALED FROM | R v Tran, Levchenko and Fucile [2013] VSC 363 (Lasry J) |
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CATCHWORDS – Criminal law – Sentencing – Director’s appeal – Respondents employed as security officers at Crown Casino – Melee involving patrons – Common assault – False imprisonment – Intentionally causing injury – Lengthy trial and lack of remorse – Whether fines of $8,000 and $6,000 manifestly inadequate – Whether nothing short of imprisonment sufficient to meet needs of general deterrence – Appeal allowed – Fines increased to $16,000 and $12,000.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr G J C Silbert SC with Mr B L Sonnet | Mr C Hyland, Solicitor for Public Prosecutions |
| For the Respondent Fucile | Mr O P Holdenson QC with Mr T J Walsh | Tony Hargreaves & Partners |
| For the Respondent Tran | Mr D A Dann | Tony Hargreaves & Partners |
MAXWELL P
WEINBERG JA:
The Director of Public Prosecutions has appealed against what he contends are inadequate sentences imposed upon Jacques Tony Fucile and Quoc Hai Tran arising out of their conduct, as security officers, at Crown Casino.
On 3 July 2011 an altercation took place at the Casino between the respondents and several patrons. As a result of the general fracas that arose, one man died. His death was the subject of criminal proceedings brought against others; the respondents were in no way responsible for that particular tragic event. However, by reason of the respondents’ actions, Matthew Anderson, an innocent patron, sustained significant injuries, while his partner, Olivia Ferguson, suffered considerable pain after being hurled violently to the ground. Both victims were then, while being escorted off the premises, falsely imprisoned.
Both Fucile and Tran were charged with a number of offences. For reasons that do not presently matter, they stood trial before a jury in the Trial Division of this Court. The trial itself was lengthy, and ran for 22 days. Ultimately, Fucile was convicted of having intentionally caused injury to Anderson, and also having falsely imprisoned him. Tran was convicted of having intentionally caused injury to Ferguson, assaulting her, and having falsely imprisoned her. A third security officer, Nicholas Levchenko was convicted of a single charge of having falsely imprisoned Anderson.
On 20 May 2013, Tran was sentenced as follows:
Charge on
Indictment
C1108174B.2Offence Maximum Sentence 1 Common assault [common law] 5 years [Crimes Act 1958 s 320] $3,500 fine
(with conviction)4 False Imprisonment [common law] 10 years [Crimes Act 1958 s 320] $2,500 fine
(with conviction)Charge on
Indictment
C1108174B.2Offence Maximum Sentence 5 Intentionally cause injury [Crimes Act 1958 s 18] 10 years [
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- AGLC
- Director of Public Prosecutions v Jacques Tony Fucile [2013] VSCA 312
- Case
- [2013] VSCA 312
- Decision Date
CaseChat Overview and Summary
The court considered the severity of the offences and the need for general deterrence. It held that the imposition of fines alone would not adequately reflect the seriousness of the crimes, given the length of the trial and the respondents' lack of remorse. The court also found that the nature of the offences, involving the abuse of power by security officers in a public place, warranted a strong message to deter similar conduct in the future. The appeal was allowed, and the fines were increased to $16,000 and $12,000 respectively. The court found that these amounts were more commensurate with the gravity of the offences and the need for general deterrence.
In summary, the court allowed the appeal and increased the fines imposed on the respondents. The decision highlights the importance of ensuring that sentences adequately reflect the seriousness of the offences and serve the purpose of general deterrence, particularly in cases involving the abuse of power by security officers. The new fines were set at $16,000 for Fucile and $12,000 for Tran, reflecting the court's view that the original sentences were manifestly inadequate. This decision serves as a reminder of the need for courts to carefully consider the appropriate balance between punishment and deterrence in sentencing.
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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