SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2011 0280
| GARY HEITANEN | |
| Appellant | |
| V | |
| THE QUEEN | Respondent |
---
JUDGES: | WEINBERG and BONGIORNO JJA and T FORREST AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 26 July 2012 | |
DATE OF JUDGMENT: | 8 August 2012 | |
MEDIUM NEUTRAL CITATION: | [2012] VSCA 173 | |
JUDGMENT APPEALED FROM: | R v Heitanen [2011] VSC 404 (King J) | |
---
CRIMINAL LAW – Appeal – Sentence – Manslaughter – Death caused by single punch to victim’s head – No provocation – Appellant had prior convictions for offences of violence – Appellant remorseful – Early plea of guilty – Sentenced to 10 years’ imprisonment with non-parole period of seven years – Whether sentencing judge failed to accord appellant procedural fairness by not allowing his counsel sufficient time to prepare plea in mitigation – Whether sentence was manifestly excessive – Appeal dismissed – No point of principle.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Ms J Piggott | Martin Irwin & Richards Lawyers |
| For the Crown | Mr P Kidd SC | Mr C Hyland, Solicitor for Public Prosecutions |
WEINBERG JA:
I agree with Bongiorno JA.
BONGIORNO JA:
On 24 August 2011, the appellant, Gary James Heitanen, having earlier pleaded guilty to one charge of manslaughter, was sentenced in the Supreme Court at Mildura to be imprisoned for 10 years with a minimum term of seven years. Heitanen committed the offence on 26 January 2011 when, without the slightest provocation, he punched an erstwhile friend, David Rowe, to the head. Mr Rowe died shortly after from a subarachnoid haemorrhage. The post‑mortem pathologist said the haemorrhage was caused by blunt force trauma to the head and neck resulting in acute overstretching of the vertebral artery and subsequent tearing.
The circumstances in which Mr Rowe met his death are fully canvassed in the sentencing remarks of the sentencing judge; no issue was taken as to the accuracy of those sentencing remarks on this appeal.[1] It is sufficient to note, at this point, that the punch that killed Mr Rowe was administered in circumstances where he was intent on distancing himself from any altercation whatsoever with the appellant. He had earlier emphatically rejected a challenge from the appellant to go ‘toe to toe’ with him. The deadly assault occurred when Mr Rowe was walking away. He looked over his shoulder and was instantaneously struck on the left jaw by the appellant’s right fist.
The appellant came before the sentencing judge with an unimpressive 20-year record of prior convictions, a significant number of which were for crimes of violence. His last conviction, for recklessly causing injury, was imposed less than two years before he killed Mr Rowe. Details of his prior criminal history are fully set out in the sentencing judge’s sentencing remarks. At the time he struck the deceased, the appellant had consumed a considerable amount of alcohol. The two men had been pig hunting together and the appellant had consumed both Bourbon
and beer whilst hunting and subsequently.
Continue reading Heitanen v The Queen
Sign in free to access the full text
- AGLC
- Heitanen v The Queen [2012] VSCA 173
- Case
- [2012] VSCA 173
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentencing judge failed to provide procedural fairness by not allowing adequate time for the preparation of a plea in mitigation, and whether the sentence imposed was manifestly excessive. The court examined the sentencing process and the specific circumstances of the case to determine if the appellant's rights were upheld and if the sentence was proportionate to the offence.
The court found that there was no failure of procedural fairness as the sentencing judge had provided the appellant's counsel with adequate time to prepare. Additionally, the court held that the sentence was not manifestly excessive, considering the gravity of the offence, the appellant's prior convictions, and his remorse. The court concluded that the sentence reflected the appropriate balance between punishment and deterrence.
The appeal was dismissed. The court did not find a point of principle that warranted further discussion or precedent setting.
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.