SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2015 0259 | |
| ALEXANDER GREATOREX | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | REDLICH, SANTAMARIA and BEACH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 17 May 2016 |
| DATE OF JUDGMENT: | 10 June 2016 |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 136 |
| JUDGMENT APPEALED FROM: | [2015] VCC 1568 (Judge Lewitan) |
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CRIMINAL LAW – Sentence – Appeal – Recklessly causing serious injury – Combined sentence of term of imprisonment of 15 months and Community Correction Order of 2 years – Whether length of term of imprisonment made combined sentence manifestly excessive – Whether length of term of imprisonment infringed principle of parsimony – Combined sentence to be viewed in its totality – Not helpful to compare length of combined sentence with term of imprisonment with non-parole period – Individual sentencing considerations not to be assigned to different components of combined sentence – Boulton v The Queen [2014] VSCA 342 and Melnikas v The Queen [2016] VSCA 112 considered – Sentencing Act 1991, s 5(3), s 5(4C) – Prior criminal matter – Moderately serious injury to victim – Appeal dismissed.
CRIMINAL LAW – Appeal against sentence – Combined custodial term and CCO pursuant to Sentencing Act 1991 s 44(2) – Circumstances in which warning should be given pursuant to Criminal Procedure Act 2009 s 281(3) that part of the combined sentence might be increased in the event of resentencing.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr P F Tehan QC with Ms R Waters | Pica Criminal Lawyers |
| For the Crown | Ms F L Dalziel | Mr J Cain, Solicitor for Public Prosecutions |
REDLICH JA
SANTAMARIA JA
BEACH JA:
This is an appeal against a sentence that combined a term of imprisonment with a Community Correction Order (‘the combined sentence’). The appellant complains that the term of imprisonment was manifestly excessive and infringed the principle of parsimony when combined with the duration of the Community Correction Order (‘CCO’).
On 6 November 2015, the appellant pleaded guilty to one charge of recklessly causing serious injury. On 30 November 2015, the appellant was sentenced as follows:[1]
[1]R v Greatorex [2015] VCC 1568 (‘Reasons’).
| Charge on Indictment | Offence | Maximum | Sentence | Cumulation |
| 1 | Recklessly causing serious injury [Crimes Act 1958 s 17] | 15 years’ imprisonment [Crimes Act 1958 s 17] | 15 months’ imprisonment combined with a 2 year Community Correction Order | - |
| Total Effective Sentence: | 15 months’ imprisonment and 2 year Community Correction Order | |||
| Non-Parole Period: | - | |||
| Pre-sentence Detention Declared: | - | |||
| 6AAA Statement: | 3 years’ imprisonment with a non-parole period of 2 years. | |||
| Other orders: Forensic sample order pursuant to s 464ZF of the Crimes Act 1958. CCO conditions including: supervision and treatment conditions; 200 hours unpaid community work; alcohol exclusion for 2 years. | ||||
On 2 March 2016, the appellant was granted leave to appeal on the ground that the sentence imposed was manifestly excessive as the period of 15 months’ imprisonment offended the principle of parsimony when combined with the duration of the CCO. The appellant…
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- AGLC
- Greatorex v The Queen [2016] VSCA 136
- Case
- [2016] VSCA 136
- Decision Date
CaseChat Overview and Summary
The court examined whether the individual sentencing considerations could be assigned to different components of the combined sentence. It was argued that it was not beneficial to compare the length of the combined sentence with the imprisonment term to the non-parole period. The court also needed to determine if a warning should have been given under the Criminal Procedure Act 2009, section 281(3), that part of the combined sentence might be increased in the event of resentencing. The appeal was dismissed as the court found that the combined sentence was not manifestly excessive and did not infringe upon the principle of parsimony when viewed in its entirety.
In reaching its decision, the court emphasised the need to view the combined sentence as a whole, rather than dissecting its components in isolation. It noted that the principles of sentencing, as outlined in the Sentencing Act 1991, require a balanced approach that considers all aspects of the sentence together. The court found that the length of the imprisonment term did not make the combined sentence manifestly excessive and that the principle of parsimony was not contravened. The court also ruled that there was no requirement to provide a warning under section 281(3) of the Criminal Procedure Act 2009 regarding potential increases in the combined sentence upon resentencing. Consequently, the appeal was dismissed, affirming the original sentence imposed by the County Court.
The final orders of the court confirmed the dismissal of the appeal and upheld the original sentence of a term of imprisonment of 15 months and a Community Correction Order of 2 years. The court's decision underscored the importance of considering the combined sentence as a comprehensive whole, rather than evaluating its individual components separately, in line with established sentencing principles.
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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