SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2015 0117
| DIRECTOR OF PUBLIC PROSECUTIONS | Appellant |
| v | |
| ALFIO ANTHONY GRANATA | Respondent |
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| JUDGES: | MAXWELL P, REDLICH and OSBORN JJA |
| WHERE HELD: | MELBOURNE |
| DATES OF HEARING: | 3 December 2015, 16 March 2016, 25 May 2016 |
| DATE OF JUDGMENT: | 8 August 2016 |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 190 |
| JUDGMENT APPEALED FROM: | [2015] VCC 699 (Judge Gucciardo) |
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CRIMINAL LAW – Appeal – Sentence – Crown appeal – Rape (9), threat to kill (2), threat to inflict serious injury, theft, intentionally causing serious injury, possess drug of dependence (2) – Sentence of 17 years’ imprisonment, non-parole period of 13 years – Individual rape sentences of eight years – Whether sentence manifestly inadequate – Objective gravity of offending – Sustained, violent, worst category offending – Severe impact on victim – Offender affected by methylamphetamine – Whether psychological difficulties contributed – Fresh evidence on resentencing – Appeal allowed – Respondent resentenced to 23 years’ imprisonment with non-parole period of 17 years – Sentencing Act 1991 ss 6B, 6D, 6E.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr G J C Silbert QC with Mr B L Sonnet | Mr John Cain, Solicitor for the Office of Public Prosecutions |
| For the Respondent | Mr P J Morrissey SC with Mr L J D Howson | Ann Valos Criminal Law |
MAXWELL P:
I have had the considerable advantage of reading in draft the reasons of Osborn JA. For the reasons his Honour gives, I too would allow the appeal and would resentence the respondent as his Honour proposes.
REDLICH JA:
For the reasons given by Osborn JA, which I have had the advantage of reading in draft, I agree that the appeal should be allowed, and the respondent sentenced as Osborn JA proposes.
OSBORN JA:
Introduction
The respondent is a 48 year old man. In January 2015, he pleaded guilty to nine charges of rape, one charge of intentionally causing serious injury, one charge of theft, two charges of make threat to kill, one charge of threat to inflict serious injury and two charges of possession of drugs of dependence.
Following a plea hearing in March 2015, he was sentenced by Judge Gucciardo in the County Court on 25 May 2015 as follows:
| Indictment D10391034.2 | ||||
| Charge | Offence | Maximum | Sentence | Cumulation |
| 1 | Rape [Crimes Act 1958 s 38(1)] | 25 years [Crimes Act 1958 s 38(1)] | 8 years | 6 months |
| 2 | Theft [Crimes Act 1958 s 74(1)] | 10 years [Crimes Act 1958 s 74(1)] | 9 months | 3 months |
| 3 | Rape | 25 years | 8 years | 6 months |
| 4 | Rape | 25 years | 8 years | 6 months |
| 5 | Rape | 25 years | 8 years | 6 months |
| 6 | Make threat to kill [Crimes Act 1958 s 20] | 10 years [Crimes Act 1958 s 20] | 3 years | 6 months | |
| 7 | Rape | 25 years | 8 years | 6 months | |
| 8 | Rape | 25 years | 8 years | 6 months | |
| 9 | Rape | 25 years | 8 years | 6 months | |
| 10 | Rape | 25 years | 8 years | 6 months | |
| 11 | |||||
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- AGLC
- DPP v Granata [2016] VSCA 190
- Case
- [2016] VSCA 190
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence was manifestly inadequate and if the objective gravity of the offending was properly considered. The court examined the principles set out in the Sentencing Act 1991, particularly sections 6B, 6D, and 6E, which relate to the objective gravity of the offending, the need for denunciation, and the need for the offender to be punished and rehabilitated. The court considered the cumulative effect of the multiple offences and the impact on the victims. It also assessed whether the offender's psychological difficulties and drug use adequately reflected in the original sentence. The court determined that the original sentence did not sufficiently reflect the objective gravity of the offending and that the need for denunciation and punishment was not adequately addressed.
The court found that the original sentence did not adequately reflect the objective gravity of the offending. The crimes committed were sustained, violent, and severe, impacting the victims significantly. The court considered the impact on the victims, the need for denunciation, and the necessity for the offender to be punished and rehabilitated. While the offender's psychological difficulties and drug use were acknowledged, they were not deemed sufficient to mitigate the severity of the crimes. The court concluded that the sentence was manifestly inadequate and allowed the appeal. The respondent was resentenced to 23 years’ imprisonment with a non-parole period of 17 years, reflecting the objective gravity of the offending and the need for adequate punishment and denunciation.
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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