SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2011 0205
| BENJAMIN EDWARD EADE | Appellant |
| v | |
| THE QUEEN | Respondent |
S APCR 2011 0207
| BRENT MICHAEL JAMES VANSTONE | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P, NEAVE JA and LASRY AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARINGS: | 28 November 2011, 18 June 2012 |
| DATE OF ORDERS: | 28 November 2011 |
| DATE OF JUDGMENT: | 27 June 2012 |
| MEDIUM NEUTRAL CITATION: | [2012] VSCA 142 |
| JUDGMENT APPEALED FROM: | DPP v Eade (Unreported, County Court of Victoria, Judge Taft, 11 August 2011) |
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CRIMINAL LAW – Appeal – Conviction – Criminal damage – Arson – Intent – Offenders intentionally set fire to milk crates inside factory – Factory destroyed by fire – No intent to destroy factory – No knowledge or belief that conduct likely to result in destruction of factory – Offenders pleaded guilty to intentional destruction of factory – Could not in law have been convicted of that offence – Indictment amended – Intentional destruction of milk crates – Crimes Act 1958 s 197, Criminal Procedure Act 2009 s 165.
CRIMINAL LAW – Appeal – Sentence – Criminal damage – Arson – Offenders intentionally set fire to milk crates inside factory – Factory destroyed by fire – No intent to destroy factory – No knowledge or belief that conduct likely to result in destruction of factory – Offenders pleaded guilty to intentional destruction of factory – Sentenced to 2y 4m detention in Youth Justice Centre – Could not in law have been convicted of that offence – Indictment amended – Intentional destruction of milk crates – Low culpability offence – Unintended consequences – Whether reasonably foreseeable – Whether victim impact provisions modify common law – Custodial penalty not warranted – Four months already served – Offenders discharged – Crimes Act 1958 s 197, Sentencing Act 1991 (Vic) ss 3(1), 5(2)(daa), (db), 73.
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| APPEARANCES: | Counsel | Solicitors |
For the Appellant Eade | Mr M Turner | Victoria Legal Aid |
For the Appellant Vanstone | Mr V G Peters | Brown McComish Lawyers |
For the Crown | Mr B L Sonnet | Mr C Hyland, Solicitor for Public Prosecutions |
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MAXWELL P
NEAVE JA
LASRY AJA:
Summary
These appeals raise an important question about the mental element in the offence of arson, that being the offence charged under s 197(6) of the Crimes Act 1958 when a person intentionally destroys or damages property by fire. As will appear, the appellants pleaded guilty to having intentionally destroyed a building, and were sentenced to 2 years and 4 months’ youth detention for that offence, even though it was common ground on the plea (and was accepted by the judge) that they had had no such intention.
The appellants were sentenced to a custodial term for an offence which they did not commit and which – on the agreed facts – they could not have committed. Their actual offence was the intentional destruction of milk crates. Though the unintended consequences of their conduct were very serious, the actual offence was…
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- AGLC
- Eade v The Queen [2012] VSCA 142
- Case
- [2012] VSCA 142
- Decision Date
CaseChat Overview and Summary
The court examined the legal issues surrounding the appellants' intent and whether their actions could be considered an intentional destruction of property. The court held that the appellants could not have been lawfully convicted of intentionally destroying the factory, as they lacked the requisite intent and belief. The indictment was subsequently amended to charge the appellants with the intentional destruction of the milk crates. The court also considered the appropriate sentence for the offence, taking into account the appellants' low culpability, the unintended consequences of their actions, and whether those consequences were reasonably foreseeable.
In its reasoning, the court found that the appellants' custodial penalty was not warranted due to their low culpability, the fact that the consequences of their actions were unintended, and the four months they had already served in detention. The court also considered whether the common law principles of sentencing were modified by the victim impact provisions. Ultimately, the court discharged the appellants, finding that the custodial penalty was not appropriate in the circumstances. The court's decision highlights the importance of considering the intent and culpability of offenders when determining the appropriate charge and sentence in criminal cases.
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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