SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2020 0160
| NICHOLAS HATZIS | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | PRIEST, McLEISH and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 26 February 2021 |
| DATE OF JUDGMENT: | 26 February 2021 |
| PUBLICATION OF REASONS: | 5 March 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 43 |
| JUDGMENT APPEALED FROM: | DPP v Payne (a pseudonym) [2017] VCC 1342 (Judge Pullen) |
---
CRIMINAL LAW — Appeal — Sentence — Application for extension of time to appeal — Convicted of aggravated burglary, recklessly causing injury, intentionally causing injury, criminal damage and persistent contravention of a family violence protection order — Application almost 3 years out of time — Reasons for delay unsatisfactory — Application for extension of time granted in the interests of justice.
CRIMINAL LAW — Appeal — Sentence — Total effective sentence of 5 years and 1 month’s imprisonment with non-parole period of 3 years — Whether manifestly excessive — Objective gravity of offending assessed too highly — Leave to appeal granted — Appeal allowed — Resentenced to 3 years and 6 months’ imprisonment with non-parole period of 2 years and 3 months — DPP v Meyers (2014) 44 VR 486 considered.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | In person | |
| For the Respondent | Mr J Dickie | Ms A Hogan, Solicitor for Public Prosecutions |
PRIEST JA
McLEISH JA
T FORREST JA:
The applicant’s plea and sentence
On 17 July 2017, the applicant, who was then represented by counsel, pleaded guilty before a judge in the County Court to aggravated burglary[1] (one charge – charge 2); intentionally causing injury[2] (two charges – charges 3 and 4); recklessly causing injury[3] (one charge – charge 1); criminal damage[4] (one charge – charge 5); and persistent contravention of a family violence protection order[5] (one charge – charge 6); together with the related summary offence of contravening a family violence protection order.[6]
[1]Crimes Act 1958, s 77. The maximum penalty is 25 years’ imprisonment.
[2]Crimes Act 1958, s 18. The maximum penalty is 10 years’ imprisonment.
[3]Crimes Act 1958, s 18. The maximum penalty is five years’ imprisonment.
[4]Crimes Act 1958, s 197(1). The maximum penalty is 10 years’ imprisonment.
[5]Family Violence Protection Act 2008, s 125A. The maximum penalty is five years’ imprisonment or level 6 fine.
[6]Family Violence Protection Act 2008, s 123. The maximum penalty is two years’ imprisonment or level 7 fine.
Following a plea conducted by counsel on the applicant’s behalf, the judge sentenced the applicant on 27 July 2017 to a total effective sentence of five years and one month’s imprisonment, with a non-parole period of three years, in accordance with the following table:
Charge
Offence
Sentence
Cumulation
1
Recklessly causing injury
5 months
2 months
2
Aggravated burglary
4 years
Base
3
Intentionally causing injury
7 months
4 months
4
Intentionally causing injury
4 months
2 months
5
Criminal damage
4 months
2 months
6
Persistent contravention of a family violence protection order
4 months
2…
Continue reading Hatzis v The Queen
Sign in free to access the full text
- AGLC
- Hatzis v The Queen [2021] VSCA 43
- Case
- [2021] VSCA 43
- Decision Date
CaseChat Overview and Summary
The court assessed the reasons for the delay in lodging the appeal and found them unsatisfactory. However, it exercised its discretion to grant the extension in the interests of justice. The court then proceeded to consider the substantive appeal, focusing on the severity of the sentence. It was argued that the objective gravity of the offending had been assessed too highly, leading to an excessively severe sentence. The court agreed, finding that the original sentence was indeed manifestly excessive. Consequently, the appeal was allowed, and the respondent was re-sentenced to three years and six months' imprisonment, with a non-parole period of two years and three months.
In reaching its decision, the court referred to DPP v Meyers, where similar considerations were applied in reassessing the proportionality of the sentence. The final orders included the granting of leave to appeal, the allowance of the appeal, and the resentencing of the respondent to a reduced term of imprisonment.
Orders
Orders of the court
Full text does not contain this section.
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.