| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0138 |
| BRENDON HARRE | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | PRIEST and BEACH JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 21 November 2024 |
| DATE OF JUDGMENT: | 21 November 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 278 |
| JUDGMENT APPEALED FROM: | DPP v Harre [2023] VCC 1178 (Judge Hogan) |
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CRIMINAL LAW – Appeal – Sentence – Stalking and perjury – Total effective sentence of 5 years and 6 months’ imprisonment with 3 years and 6 months non-parole – Whether sentence manifestly excessive – Stalking persistent and sadistic involving two victims – Perjury used to obtain an intervention order against an innocent victim – Leave to appeal refused.
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| Counsel | |||
| Applicant: | Mr PJ Smallwood and Mr JD Cleveland | ||
| Respondent: | Mr J Lewis | ||
Solicitors | |||
| Applicant: | Stary Norton Halphen | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
PRIEST JA
BEACH JA:
Introduction
The applicant, now aged, 42 years,[1] pleaded guilty before a judge in the County Court to an indictment containing two charges of stalking[2] (charges 1 and 2) and one charge of perjury[3] (charge 3); and to two summary offences, possessing explosive fireworks[4] (summary charge 12) and possessing a prohibited weapon[5] (summary charge 13).
[1]His date of birth is 6 November 1982.
[2]Crimes Act 1958, s 21A. The maximum penalty is 10 years’ imprisonment.
[3]Crimes Act 1958, s 314. The maximum penalty is 15 years’ imprisonment.
[4]Dangerous Goods (Explosives) Regulations 2011, r 20(a). The maximum penalty is 100 penalty units.
[5]Control of Weapons Act 1990, s 5AA. The maximum penalty is 240 penalty units or two years’ imprisonment.
Following a plea in mitigation conducted on 1 March 2023, the judge sentenced the applicant on 10 July 2023 to a total effective sentence of five years and six months’ imprisonment, with a non-parole period of three years and six months, in accordance with the following table:
Charge
Offence
Sentence
Cumulation
1
Stalking
3 years
Base
2
Stalking
3 years
18 months
3
Perjury
2 years
12 months
Related summary offences:
12
Possess explosive fireworks
$100
NA
13
Possess prohibited weapon
Convicted and discharged
NA
Total effective sentence:
5 years and 6 months’ imprisonment
Non-parole period:
3 years and 6 months
Section 6AAA declaration:
7 years’ imprisonment with 5 years non-parole
Other orders:
Disposal order for fireworks and weapon
The applicant now seeks leave to appeal against the sentence on a single ground that contends that the individual sentences imposed on charges 1, 2 and 3; the orders for cumulation imposed on charges 2 and 3; the resulting total effective sentence; and the non-parole period, are manifestly excessive.
In our view, leave to appeal should be refused. Our reasons follow.
The offending
Stalking: charges 1 and 2
Significantly, the stalking embraced by charges 1 and 2, which involved two individuals, ‘DA’ and ‘EW’, extended over a protracted period of 11 months, between 2 July 2020 and 2 June 2021. In the course of her sentencing remarks, the judge…
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- AGLC
- Harre v The King [2024] VSCA 278
- Case
- [2024] VSCA 278
- Decision Date
CaseChat Overview and Summary
The court examined the severity and persistence of the stalking offences, which involved a pattern of conduct that was both persistent and sadistic. The court also considered the use of perjury to obtain an intervention order against an innocent victim. The court emphasised the importance of deterrence and denunciation in sentencing, particularly given the impact of the offences on the victims. The court concluded that the sentence was not manifestly excessive, taking into account the cumulative effect of the offences and the need to protect the community.
The court rejected Harre’s appeal, affirming the sentence imposed by the lower court. The decision underscores the need for courts to carefully consider the totality of the offending behaviour, the impact on victims, and the principles of sentencing in reaching a just outcome. The appeal was dismissed, and the original sentence stands.
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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