Green v The Queen

Case [2011] VSCA 311


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2010 0272

TROY GREEN Appellant
v
THE QUEEN
Respondent

---

JUDGES MAXWELL P and LASRY AJA
WHERE HELD MELBOURNE
DATE OF HEARING 9 June 2011
DATE OF JUDGMENT 14 October 2011
MEDIUM NEUTRAL CITATION [2011] VSCA 311
JUDGMENT APPEALED FROM DPP v Green (Unreported, County Court of Victoria, Judge Gamble, 27 July 2010)

---

CRIMINAL LAW – Appeal – Sentence – Armed robbery, recklessly causing injury – Mental illness – Impaired mental functioning – Moral culpability ‘somewhat reduced’ – Application of principles in R v Verdins (2007) 16 VR 269 – Significance of principle of just punishment where moral culpability reduced – Whether specific deterrence relevant – Whether pre-meditation and use of force capable of aggravating seriousness of offence – Manifest excess – Appeal dismissed.

---

APPEARANCES: Counsel

Solicitors

For the Appellant Mr J McLoughlin Victoria Legal Aid
For the Crown Mr P Kidd Mr C Hyland, Solicitor for Public Prosecutions

MAXWELL P:

Summary

  1. The appellant (‘TG’) pleaded guilty to two charges of armed robbery and one charge of recklessly causing injury.  He was sentenced as set out below.

Charge

Offence

Maximum

Sentence

Cumulation

1

Armed robbery

25y

4y

BASE

2

Recklessly cause injury

5y

12m

–

3

Armed robbery

25y

3y

12m

TES:     5y  6AAA        TES:     6y 6m

NPP:    3y  NPP:     4y

  1. The central issue on the appeal concerned the implications of the judge’s finding, made in accordance with the first principle in R v Verdins,[1] that TG’s moral culpability was reduced on account of his impaired mental functioning at the time of the offending.  The issue arose in this way.

    [1](2007) 16 VR 269 (‘Verdins’).

  1. TG had a long history of paranoid schizophrenia.  The sentencing judge held that there was a connection between his mental illness and the offending conduct, such that his moral culpability should be viewed as ‘somewhat reduced’.  At the same time, his Honour said:

(a)       the appellant had to be ‘justly punished’ for the serious offences he had committed;

(b)      specific deterrence remained a relevant consideration;  and

(c)       the seriousness of the offending was aggravated by its having been premeditated and having involved ‘some planning’. 

  1. The essential submission for the appellant was that the finding of reduced moral culpability either rendered those other sentencing considerations inapplicable or, at the very least, meant that they should have been given little weight, such that a much lower sentence was required. 

  1. In my respectful opinion, the sentencing judge’s approach was correct and the sentence was within range, reflecting that proper weight was given to all relevant sentencing considerations.  The appeal must therefore be dismissed.  My reasons are as follows.

Factual background

  1. The facts of the offending were agreed.  TG committed the offences in two separate episodes over a 30-hour period.  On each occasion TG ‘carjacked’ a motorist stopped at traffic lights, using a meat cleaver to force the driver to comply.

  1. The first robbery occurred at about 11:00 am on Friday, 1 May 2009.…

Continue reading Green v The Queen

Sign in free to access the full text

Details
AGLC
Green v The Queen [2011] VSCA 311
Case
[2011] VSCA 311
Decision Date

CaseChat Overview and Summary

Green appealed against his sentence for armed robbery and recklessly causing injury, arguing that his mental illness and impaired mental functioning significantly reduced his moral culpability. The appeal was heard by the Court of Appeal in Australia. The central legal issues were whether the principles set out in R v Verdins applied to reduce the sentence due to the appellant's reduced moral culpability, the relevance of specific deterrence in sentencing, and whether the pre-meditation and use of force could aggravate the seriousness of the offence despite his mental condition.

The court held that the appellant's mental illness and impaired mental functioning did reduce his moral culpability to some extent, but this did not eliminate the need for punishment. The court emphasised that the principle of just punishment required consideration of the appellant's culpability and the seriousness of the offence. While acknowledging the reduced culpability, the court found that the principles in Verdins did not mandate a significant reduction in sentence. The pre-meditation and use of force were significant factors that contributed to the seriousness of the offence. The court determined that the sentence imposed was not a manifest excess and dismissed the appeal.

The appeal was dismissed, and the original sentence was upheld. The court found that although the appellant's mental condition played a role in his offending, it did not warrant a substantial reduction in his sentence. The principles of just punishment and the need for specific deterrence, along with the aggravating factors of pre-meditation and use of force, supported the original sentencing decision.

Orders

Orders of the court

Appeal dismissed.

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.