SUPREME COURT OF VICTORIA
COURT OF APPEAL
| ARTHUR PHILLIP FREEMAN | S APCR 2011 0097 |
| Applicant | |
| v | |
| THE QUEEN | Respondent |
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JUDGES: | WARREN CJ, NETTLE JA and BEACH AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 9 November 2011 | |
DATE OF JUDGMENT: | 9 November 2011 | |
MEDIUM NEUTRAL CITATION: | [2011] VSCA 349 | |
JUDGMENT APPEALED FROM: | [2011] VSC 139 (Coghlan J) | |
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CRIMINAL LAW – Appeal – Sentence – Leave to appeal refused by single Judge of Appeal – Election to have application determined by Full Bench of Court of Appeal – Murder of infant daughter by father – Motive of spousal revenge – Sentence of life imprisonment with non-parole period of 32 years – Whether non-parole period manifestly excessive – Whether non-parole periods set in other cases of spousal revenge homicide demonstrative of manifest excess – Whether sentencing judge erred in assessment of applicant’s psychological illness and prospects of rehabilitation – R v Hili (2010) 272 ALR 456, applied; R v Fitchett [2010] VSC 393; R v Farquharson [2010] VSC 462; R v Acar [2011] VSC 310, referred to – Application dismissed – No point of principle.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D L Brustman SC with Mr C B Boyce | Victoria Legal Aid |
| For the Respondent | Ms C M Quin | Mr C Hyland, Solicitor for Public Prosecutions |
WARREN CJ:
I invite Nettle JA to deliver the Court's judgment.
NETTLE JA
On 27 July 2011, Maxwell P[1] refused the applicant leave to appeal against a sentence of life imprisonment, with a non-parole period of 32 years, imposed on him following his conviction of the murder of his four year old daughter, Darcey. This is a renewal of the application for leave to appeal against sentence pursuant to s 315(2) of the Criminal Procedure Act 2009.
[1][2011] VSCA 214.
The facts of the offending
The applicant is a graduate in computer science who worked as a computer programmer. At the time of the offence, he was 35 years of age and recently divorced from Peta Barnes, who was Darcey’s mother. They had married in 1999 and in the early part of 2000 had moved to the United Kingdom where three children of the marriage were born: Benjamin (born 1 February 2000); Darcey (born 11 February 2004); and Jackson (born 24 February 2006). They remained in the United Kingdom until June 2006 before returning to Australia and residing in Hawthorn. Ms Barnes then commenced work and the applicant remained at home looking after the children before gaining employment at some stage in December 2006. In March 2007, the marriage failed, despite marriage counselling, and the couple divorced in June 2008.
The applicant moved to Geelong but continued to look after the children during the day. Later, he moved to a flat in Hawthorn. At that stage, the couple were sharing custody. But in August 2008 the applicant returned to the United Kingdom in an unsuccessful attempt to obtain a British passport and he remained in…
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- AGLC
- Freeman v The Queen [2011] VSCA 349
- Case
- [2011] VSCA 349
- Decision Date
CaseChat Overview and Summary
The court found that the non-parole period imposed was not manifestly excessive. It held that the sentencing judge had properly considered the factors relevant to the case, including the heinous nature of the crime, the motive of spousal revenge, and the evidence of the applicant's psychological condition. The court emphasised the importance of the individual circumstances of each case and concluded that the sentence was proportionate and appropriate. The Full Bench found no error in the sentencing judge's assessment of Freeman's psychological illness and prospects of rehabilitation, nor did it find any point of principle that warranted further appeal. The application was dismissed.
There were no orders to be made as the application was dismissed.
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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