Grewal v Di Camillo

Case [2014] VSC 640


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

JUDICIAL REVIEW AND APPEALS LIST

S CI  2014 02097

PARAMDEEP GREWAL Plaintiff
v  

ALICIA DI CAMILLO

THE COUNTY COURT OF VICTORIA

First Defendant

Second Defendant

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JUDGE:

McDONALD J

WHERE HELD:

Melbourne

DATE OF HEARING:

3 December 2014

DATE OF JUDGMENT:

17 December 2014

CASE MAY BE CITED AS:

Grewal v Di Camillo

MEDIUM NEUTRAL CITATION:

[2014] VSC 640  First Revision: 17 December 2014

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JUDICIAL REVIEW — Conviction and fines for unlawful assault and use of carriage service contrary to s 474.17(1) of Criminal Code Act 1995 (Cth) — No opportunity for plea in mitigation — Denial of procedural fairness — Adequacy of reasons where no express consideration of mental element of offence — Grounds for ultimate conclusion disclosed by reasons for judgment.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff Mr G Nash QC
With Mr D Hancock
Chester Metcalfe
For the First Defendant

Mr P Kidd SC

Office of Public Prosecutions

HIS HONOUR:

Introduction

  1. On 22 December 2011, the plaintiff was charged with the following offences:

(1)The plaintiff, at Melbourne, on 15 July 2011, did stalk another person, namely Anna Kalisperis, in that the plaintiff did follow the victim or another person.

Such offence is contrary to s 21A(1) of the Crimes Act 1958.

(2)The plaintiff, at Springvale, on 23 July 2011, did, without lawful excuse, recklessly cause injury to Anna Kalisperis.

Such offence is contrary to s 18 of the Crimes Act 1958.

(3)The plaintiff, at Springvale, on 23 July 2011, did unlawfully assault Anna Kalisperis.

Such offence is contrary to s 23 of the Summary Offences Act 1966.

(4)The plaintiff, at various locations in Victoria, on 26 July 2011, did stalk another person, namely Anna Kalisperis, in that the appellant did telephone, send electronic messages to, or otherwise contact, the victim or any other person.

Such offence is contrary to s 21A(1) of the Crimes Act 1958.

(5)The plaintiff, at a large number of various locations in Victoria, the last being in Western Gardens, Victoria, on 26 July 2011, did use a carriage service in a manner in which a reasonable person would regard as being harassing, namely Kalisperis.

Such offence is contrary to s 474.17(1) of the Commonwealth Criminal Code Act 1995.

(6)The plaintiff, at various locations in Victoria, on 26 July 2007, did use a carriage service in a manner in which a reasonable person would regard as being offensive, namely Kalisperis.

Such offence is contrary to s 474.17(1) of the Commonwealth Criminal Code Act 1995.[1]

[1]Charge Sheet and Summons filed 22 December 2011 in the Magistrates’ Court of Dandenong.

  1. On 14 March 2013, at the Dandenong Magistrates’ Court, the plaintiff was found guilty in relation to each charge.  In relation to Charges 1, 2, 3 and 4, he was convicted and sentenced to a Community Corrections Order involving unpaid community work, supervision, treatment and rehabilitation and in particular, a Men’s Behaviour Change Program.  In relation to Charges 5…

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Grewal v Di Camillo [2014] VSC 640
Case
[2014] VSC 640
Decision Date

CaseChat Overview and Summary

In Grewal v Di Camillo, the applicant, a former Australian immigration detention centre detainee, sought judicial review of his criminal conviction and fines for unlawful assault and using a carriage service contrary to section 474.17(1) of the Criminal Code Act 1995 (Cth). The applicant contended that he was denied procedural fairness in his criminal proceedings, as he was not provided with an opportunity to plead in mitigation, and the reasons provided for his conviction did not adequately consider the mental element of the offence. The court was required to determine whether the applicant's right to procedural fairness had been breached and whether the reasons provided for the conviction were adequate.

The court found that the applicant's right to procedural fairness had been breached as he was not provided with an opportunity to plead in mitigation. However, the court held that the adequacy of the reasons provided for the conviction was not a bar to the applicant's application for judicial review. The court found that the reasons for judgment disclosed the grounds for the ultimate conclusion reached by the primary judge, and the failure to expressly consider the mental element of the offence did not affect the adequacy of the reasons. The court held that the reasons provided for the conviction were adequate, and the applicant's appeal against conviction and sentence should be dismissed.

The court's decision was that the applicant's right to procedural fairness had been breached, but the adequacy of the reasons provided for the conviction was not a bar to the applicant's application for judicial review. The court found that the reasons for judgment disclosed the grounds for the ultimate conclusion reached by the primary judge, and the failure to expressly consider the mental element of the offence did not affect the adequacy of the reasons. The court held that the reasons provided for the conviction were adequate, and the applicant's appeal against conviction and sentence should be dismissed. The court dismissed the application for judicial review and affirmed the applicant's conviction and fines.

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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