SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2008 0728 | |
| JOHN THOMAS GLASCOTT | Appellant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES | BUCHANAN, NETTLE JJA and KYROU AJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 14 April 2011 |
| DATE OF JUDGMENT | 29 April 2011 |
| MEDIUM NEUTRAL CITATION | [2011] VSCA 109 |
| JUDGMENT APPEALED FROM | [2008] VSC 236 (Cummins J) |
---
CRIMINAL LAW – Conviction – Murder – Manslaughter – Whether judge erred in failing to leave manslaughter to jury as possible alternative verdict – Jury – Discharge – Whether judge erred in declining to discharge jury after witness gave evidence previously ruled to be inadmissible – Jury Directions – Whether judge erred in jury directions as to motive, propensity, prior inconsistent statements, contradictions in evidence in and between evidence of Crown witnesses – Trial – Whether trial unfair because failure of Crown to call material witnesses – Fitness to stand trial – Whether applicant was fit to stand trial – Evidence – Whether evidence of applicant’s dissatisfaction with Family Court proceedings admissible as evidence of motive to kill former solicitor – Counsel – Alleged incompetence of counsel – Whether applicant’s failure to give evidence at trial indicative of incompetence of counsel or otherwise productive of injustice – Verdict – Whether against the evidence and the weight of the evidence – Application for leave to appeal against conviction dismissed.
CRIMINAL LAW – Sentence – Sentence of 28 years with non-parole period of 24 years for murder of former solicitor – Whether need to protect ‘caring’ professionals necessitated increased general deterrence – Whether sentence manifestly excessive in view of applicant’s mental condition at time of offending – Re-sentenced to 24 years’ imprisonment with non-parole period of 20 years.
---
APPEARANCES: | COUNSEL | SOLICITORS |
For the Appellant | In Person | |
For the Respondent | Mr J D McArdle QC | Mr C Hyland, Solicitor for Public Prosecutions |
BUCHANAN JA
NETTLE JA
KYROU AJA:
Following trial in the Criminal Division, on 29 May 2008 the applicant was convicted of the murder of David Robinson, solicitor, at Fairfield on 10 July 2006 and, after a plea in mitigation of penalty, on 30 June 2008 he was sentenced to 28 years’ imprisonment with a non-parole period of 24 years. He now seeks leave to appeal against conviction and sentence. He represented himself at the hearing of the application.
The Crown case at trial
The Crown’s case at trial was that the killing arose out of an attempt by the applicant to set fire to Mr Robinson’s offices as retribution for what the applicant perceived to be the disservice which Mr Robinson had done him in the conduct of the applicant’s property settlement proceedings with his former wife.
Prior to the applicant’s divorce, Mr Robinson had known the applicant for many years and had acted for him on several occasions. Following the divorce, Mr Robinson drew up a property settlement agreement which was executed by the applicant and his former wife. Subsequently, the applicant’s former wife applied to a judge of the Family Court…
Continue reading Glascott v The Queen
Sign in free to access the full text
- AGLC
- Glascott v The Queen [2011] VSCA 109
- Case
- [2011] VSCA 109
- Decision Date
CaseChat Overview and Summary
The court further examined whether the original sentence was manifestly excessive given the applicant's mental condition at the time of the offence and whether the need to protect 'caring' professionals necessitated increased general deterrence. The court concluded that the sentence was manifestly excessive and re-sentenced the applicant to 24 years' imprisonment with a non-parole period of 20 years. The application for leave to appeal against conviction was dismissed, and the new sentence was confirmed.
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.