SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2013 0097
| DIRECTOR OF PUBLIC PROSECUTIONS | Appellant |
| v | |
| DARREN WAYNE SALTMARSH | Respondent |
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| JUDGES | MAXWELL P, PRIEST and COGHLAN JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 8 October 2013 |
| DATE OF JUDGMENT | 18 October 2013 |
| MEDIUM NEUTRAL CITATION | [2013] VSCA 290 |
| JUDGMENT APPEALED FROM | DPP v Saltmarsh [2013] VSC 204 (King J) |
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CRIMINAL LAW – Appeal – Sentence – Crown appeal – Kidnapping, attempted murder, false imprisonment, robbery, theft and extortion with threat to kill – Sentence of 9 years 6 months’ imprisonment with non-parole period of 7 years – Convicted after trial on kidnapping and attempted murder charges – Whether sentence manifestly inadequate – Whether relevant that offending characterised as ‘bizarre’ – Appeal allowed – Respondent resentenced to 12 years’ imprisonment with non-parole period of 9 years.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr J R Champion SC with Mr B L Sonnet | Mr C Hyland, Solicitor for Public Prosecutions |
| For the Respondent | Mr P F Tehan QC with Ms C A Boston | C D Traill Lawyers |
MAXWELL P
PRIEST JA
COGHLAN JA:
Introduction
At about 9.35am on 20 October 2011, the respondent started digging a grave in the backyard of premises he was occupying in Pakenham. He stopped digging at 10.54am. Shortly afterwards, he took GA — a young woman whom he had kidnapped for ransom on 18 October 2011 — from inside the house to the gravesite. GA had a beanie over her head (which the respondent had put there to serve as a blindfold), and her hands were tied in front of her. The respondent pushed GA into the grave. She was seconds away from being murdered by the respondent when police, who had been observing these events from a concealed vantage point, entered the yard with guns drawn, rescued GA (whom they observed to be kneeling in the grave) and arrested the respondent. The respondent’s conduct was, on the hearing of this appeal, aptly described as chilling.
Following his arrest, the respondent was charged with a number of offences. Eventually, an indictment was filed in the Supreme Court containing counts of kidnapping[1] (charge 1); false imprisonment[2] (charge 2); making a threat to kill[3] (charge 3); robbery[4] (charge 4); theft[5] (charge 5); extortion with threat to kill[6] (charge 6); and attempted murder[7] (charge 7).
[1]Crimes Act 1958, s 63A. The maximum penalty is 25 years’ imprisonment.
[2]A common law offence, for which the maximum penalty is 10 years’ imprisonment: Crimes Act 1958 (Vic), s 320.
[3]Crimes Act 1958, s 20. The maximum penalty is 10 years’ imprisonment.
[4]Ibid s 75. The maximum penalty is 15 years’ imprisonment.
[5]Ibid s 74. The maximum penalty is 10 years’ imprisonment.
[6]Ibid s 27. The maximum penalty is 15 years’ imprisonment.
[7]An offence pursuant to common law and Crimes Act 1958 (Vic), s 321M, for which the maximum penalty is 25 years’ imprisonment: Crimes Act 1958 (Vic), s 321P.
The respondent pleaded guilty to charges…
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- AGLC
- DPP v Saltmarsh [2013] VSCA 290
- Case
- [2013] VSCA 290
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed on Saltmarsh was manifestly inadequate. The Crown argued that the sentence did not adequately reflect the seriousness of the crimes, and that the trial judge had failed to properly consider the impact on the victims. The Crown also submitted that the trial judge had given undue weight to the "bizarre" nature of the offending, and that this had led to an underestimation of the appropriate punishment. The respondent, on the other hand, contended that the sentence was appropriate given the unique circumstances of the case.
The court found that the sentence imposed was manifestly inadequate. The trial judge had not sufficiently considered the severity of the offences and the impact on the victims. The court held that the "bizarre" nature of the offending did not diminish the culpability of the respondent, and that it was a relevant factor only to the extent that it informed the appropriate level of punishment. The court allowed the appeal and resentenced Saltmarsh to 12 years’ imprisonment with a non-parole period of nine years. This sentence was deemed to adequately reflect the seriousness of the crimes committed and to provide sufficient deterrence 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
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Ratio Decidendi
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