Hewson v The Queen

[2011] VSCA 57

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2009 0692

MATTHEW HEWSON

v

THE QUEEN

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JUDGES	ASHLEY and BONGIORNO JJA
WHERE HELD	MELBOURNE
DATE OF HEARING	9 February2011 and 8 March 2011
DATE OF JUDGMENT	11 March 2011
MEDIUM NEUTRAL CITATION	[2011] VSCA 57
JUDGMENT APPEALED FROM	(Unreported, County Court of Victoria, 18 June 2009, Judge Nixon)

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Criminal law – Sentence – Multiple offences – Whether sentencing judge erred in finding the appellant at high risk of re-offending – Whether sentencing judge erred in finding that appellant had poor prospects of rehabilitation – Expert evidence that appellant was at moderate to high risk of re-offending and that treatment could reduce risk – Appellant young and immature man (aged 18 at time of offending, 19 at sentence and now aged 21) – Appellant in adult prison – Intensive psychological treatment only available immediately before release – Appeal allowed – Appellant re-sentenced.

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Appearances:	Counsel	Solicitors
For the Appellant	Mr P J Matthews	Victoria Legal Aid
For the Crown	Mr S M Cooper	Mr C Hyland, Solicitor for Public Prosecutions

ASHLEY JA:

1. Matthew Hewson, a man born 1 October 1989 and so now aged 21, appeals by leave against sentence passed in the County Court on 18 June 2009 when, on a plea of guilty, he was sentenced as follows:

Ct	Offence	Victim	Sentence	Cumulation
1	False imprisonment	LO	18m	+3m
2	Armed robbery	LO	2y	+3m
3	Rape	LO	6y 3m	BASE
4	Indecent assault	LO	12m
5	Kidnapping	AD	2y	+3m
6	Indecent assault	AD	18m
7	Indecent assault	AD	2y	+12m
8	Indecent assault	AD	18m
9	Armed robbery	AD	2y	+3m
10	Attempted armed robbery	AD	12m
11	Kidnapping	KR	2y	+3m
12	Indecent assault	KR	2y	+12m
13	Attempted armed robbery	KR	12m
TES 9 years 6 months, NPP 6 years 6 months

Circumstances

1. The offences were committed, as the above table shows, upon three victims.

1. At the time of the offending, which took place between April or May 2008 and 9 September 2008, the appellant was aged 18.

1. The first victim, LO, was then aged 14.

1. Each of the second and third victims, AD and KR, was aged 16.

1. The offending involved two incidents.  The first concerned LO.  The second concerned AD and KR. 

1. The sentencing judge described the offending as follows:

So far as the offences which form the subject of Counts 1‑4 on the presentment, these offences involve LO.  On a date in either April or May 2008 LO was catching public transport home after dinner at a friend's house.  She missed her connecting train so she walked to catch a bus which arrived at Knox City between 11.30 p.m. and midnight.  She was walking to her home and she heard someone behind her on the other side of the road but did not think anything of it at the time.  As she got close to home she lit a cigarette.  She then saw a man, and that man approached her.…