SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0097
| BONNIE KATE SAWYER-THOMPSON | Applicant |
| v | |
| THE QUEEN | Respondent |
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APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE (DETERMINED BY A SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009)
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| JUDGES: | TATE JA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | Determined ‘on the papers’ |
| DATE OF JUDGMENT: | 4 September 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 234 |
| JUDGMENT APPEALED FROM: | [2016] VSC 767 (Croucher J) |
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CRIMINAL LAW – Sentence – Application for leave to appeal – Defensive homicide – Sentence of 10 years’ imprisonment – Non-parole period of seven years – Plea of guilty –Objective gravity of the offending – Relationship of serious violence, humiliation, and psychological abuse – Dependent personality disorder, post-traumatic stress disorder, depression and anxiety, youth, low IQ – Threat to kill family unless victim killed – Innocent victim – Whether a finding of chance to flee ignored context of threat and vulnerability – Whether judge erred in categorising the offending as falling towards the upper end of the range of seriousness – Foregone chance of acquittal – Co-operation – Whether reasonably arguable that manifestly excessive.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | No appearance | Victoria Legal Aid |
| For the Respondent | No appearance | Mr J Cain, Solicitor for Public Prosecutions |
TATE JA:
The applicant, Bonnie Kate Sawyer-Thompson (‘Sawyer-Thompson’), pleaded guilty to one charge of defensive homicide. She was sentenced in the Supreme Court of Victoria on 20 April 2017 as follows:[1]
[1]R v Sawyer-Thompson [2016] VSC 767 (‘Sentencing reasons’).
Charge Offence Maximum penalty Sentence Cumulation 1 Defensive homicide [Crimes Act 1958 s 9AD] 20 years’ imprisonment 10 years’ imprisonment - Total effective sentence: 10 years’ imprisonment Non-parole period: 7 years Pre-sentence detention: 1,035 days S 6AAA statement: 15 years’ imprisonment with a non-parole period of 11 years Other orders: Forensic sample order
She now applies for leave to appeal this sentence on two grounds:
1.The learned sentencing judge erred in concluding that the offending fell towards the upper end of the range of seriousness.
2.The sentence of imprisonment and the non-parole period imposed were manifestly excessive, having regard to:
a. The applicant’s reduced moral culpability;
b. The applicant’s age and level of maturity;
c. The applicant’s remorse and prospects of rehabilitation;
d. The applicant’s limited antecedents;
e. The delay between offending and sentence;
f. The applicant’s plea of guilty and assistance to authorities;
g. The applicant serving her sentence more onerously due to her status as a police informer; and
h. Current sentencing practice.
The stabbing incident[2]
[2]This description of the offending has been summarised from the Prosecution Opening dated 14 November 2016 and the Sentencing reasons.
On Friday 20 June 2014 at approximately 3:30 am, Jack Nankervis (‘Nankervis’) broke into the home of Noel Patton (‘Patton’) by forcing open the back door. Patton is the father of Nankervis’ former partner, with whom he had one child. There was an altercation between Nankervis and Patton in Patton’s bedroom before Nankervis apologised…
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- AGLC
- Bonnie Kate Sawyer-Thompson v The Queen [2017] VSCA 234
- Case
- [2017] VSCA 234
- Decision Date
CaseChat Overview and Summary
The court examined whether the trial judge erred in considering the mitigating factors, such as the appellant's dependent personality disorder, post-traumatic stress disorder, depression and anxiety, youth, and low IQ, in the context of the serious violence, humiliation, and psychological abuse that the appellant had endured. The court also assessed if the trial judge failed to adequately account for the appellant's perception of a threat to his family if the victim was not killed and the appellant's vulnerability in that context. Furthermore, the court considered whether the trial judge erred in categorising the offending towards the upper end of the range of seriousness and whether the sentence was manifestly excessive, given the appellant's cooperation and the foregone chance of acquittal.
The court found that the trial judge had appropriately considered the mitigating factors and the context of the threat and vulnerability. The court held that there was no error in the trial judge's categorisation of the seriousness of the offending. Consequently, the appeal against sentence was dismissed, and leave to appeal was refused. The original sentence of 10 years' imprisonment, with a non-parole period of seven years, stood as imposed by the trial judge.
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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