SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2021 0088
| JAI DUNFORD | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | BEACH JA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 3 November 2021 |
| DATE OF JUDGMENT: | 9 November 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 304 |
| JUDGMENT APPEALED FROM: | [2021] VCC 748 (Judge Marich) |
---
CRIMINAL LAW – Sentence – Application for leave to appeal against sentence – Intentionally cause injury, false imprisonment (2 charges), threat to kill, cultivate narcotic plant, attempt to pervert the course of justice, commit indictable offence whilst on bail – TES of 4 years and 9 months, with NPP of 3 years – Manifest excess – Whether reasonably arguable that sentence manifestly excessive – Utilitarian value of guilty plea during COVID-19 pandemic – Relevance of declaration under s 6AAA of the Sentencing Act 1991 – Clarkson v The Queen (2011) 32 VR 361; Saab v The Queen [2012] VSCA 165; Worboyes v The Queen [2021] VSCA 169 referred to – Complaints of manifest excess not reasonably arguable – Application for leave to appeal refused.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr J Barreiro | Criminal Lawyers Geelong |
| For the Respondent | Ms S Clancy | Ms A Hogan, Solicitor for Public Prosecutions |
BEACH JA:
The applicant pleaded guilty in the County Court to one charge of intentionally causing injury, two charges of false imprisonment, one charge of making a threat to kill, one charge of cultivating a narcotic plant, one charge of attempting to pervert the course of justice and a related summary offence of committing an indictable offence whilst on bail. On 8 June 2021, following a plea hearing conducted on 10, 19 and 31 May 2021, the applicant was sentenced as follows:
Charge on Indictment
L10010695.1Offence Maximum Sentence Cumulation 1 Intentionally Cause Injury (contrary to
s 18 of the Crimes Act 1958)10 years 2 years and 6 months 12 months 2 False Imprisonment (contrary to Common Law) 10 years 2 years 3 months 3 False Imprisonment (contrary to Common Law) 10 years 2 years and
9 monthsBase 4 Make Threat to Kill (contrary s 20 of the Crimes Act 1958) 10 years 1 year and 6 months 3 months 5 Cultivation of a Narcotic Plant (contrary to s 72B of the Drugs, Poisons and Controlled Substances Act 1981) 12 months 14 days Nil 6 Attempt to Pervert the Course of Justice (contrary to Common Law) 25 years 2 years 6 month Related Summary Offences Commit Indictable Offence Whilst on Bail (contrary to s 30B of the Bail Act 1977) 3 months 14 days Nil
Total Effective Sentence: 4 years and 9 months Non-Parole Period: 3 years Pre-Sentence detention 523 days 6AAA Statement 5 years and 6 months, with a non-parole period of 3 years and 9 months
The applicant now seeks leave to appeal on the sole proposed ground that the individual sentences, orders for cumulation, total effective sentence and non-parole period are each manifestly excessive.
Circumstances of the…
Continue reading Dunford v The Queen
Sign in free to access the full text
- AGLC
- Dunford v The Queen [2021] VSCA 304
- Case
- [2021] VSCA 304
- Decision Date
CaseChat Overview and Summary
The court considered the appropriate legal principles to determine whether the sentence was manifestly excessive. It assessed the relevance of the appellant's guilty plea during the COVID-19 pandemic and the impact of the declaration under s 6AAA of the Sentencing Act 1991. The court referred to Clarkson v The Queen, Saab v The Queen, and Worboyes v The Queen in its analysis. After examining the principles and relevant authorities, the court concluded that the complaints of manifest excess were not reasonably arguable.
The court found that the sentence imposed was not manifestly excessive and rejected the application for leave to appeal. The court highlighted the importance of the guilty plea and the mitigating factors, but ultimately determined that the sentence was within the appropriate range for the appellant's offences. The court did not find the complaints of manifest excess to be reasonably arguable and dismissed the application for leave to appeal. The appellant's sentence of 4 years and 9 months, with a non-parole period of 3 years, was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.