SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0013
| CHARLES HI | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | KAYE JA and BEALE AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 19 October 2017 |
| DATE OF JUDGMENT: | 1 November 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 315 |
| JUDGMENT APPEALED FROM: | [2016] VCC 1976 (Judge Maidment) |
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CRIMINAL LAW – Appeal – Sentence – Aggravated burglary – Armed robbery – Causing serious injury in circumstances of gross violence – Ten years’ imprisonment – Non-parole period of seven years – Parity – Whether sentence imposed on individual charge demonstrated unacceptable disparity with co-offender – Whether sentence manifestly excessive – Whether sentence ‘wholly outside the range of sentencing options’ – No error – Appeal dismissed – DPP v Dalgliesh [2017] HCA 41 – Lowe v The Queen (1984) 154 CLR 606.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr C Mandy | Doogue & George Criminal Lawyers |
| For the Crown | Ms D I Piekusis | Office of Public Prosecutions |
KAYE JA
BEALE AJA:
The appellant, with his co-offender James Till (‘Till’), pleaded guilty before the County Court to one charge of aggravated burglary (charge 1), one charge of armed robbery (charge 2) and one charge of causing serious injury in circumstances of gross violence (charge 3). The appellant was sentenced to a total effective sentence of 10 years’ imprisonment with a non-parole period of 7 years, and his co-offender, Till, was sentenced to a total effective sentence of 12 years’ imprisonment with a non-parole period of 9 years.[1]
[1]DPP v Till [2016] VCC 1976 (‘Reasons’).
The charges on the Indictment, to which the appellant and Till pleaded guilty, alleged as follows:
Particulars and Statement of Offence
Charge 1: The Director of Public Prosecutions charges that James Till & Charles Hi at Richmond in Victoria on the 26th day of August 2015 entered as a trespasser a building at 53/139 Highett Street with intent to steal therein and at the time had with them an offensive weapon namely a metal bar.
Statement of Offence: Aggravated burglary contrary to s 77(1) of the Crimes Act 1958 (Vic).
Charge 2: The Director of Public Prosecutions charges that James Till & Charles Hi at Richmond in Victoria on the 26th day of August 2015 robbed Sabiha Temiz of money, a wallet, a suitcase, towels, bedding sheets and jewellery, and at the time had with them an offensive weapon namely a metal bar and a Stanley knife.
Statement of Offence: Armed robbery contrary to s 75A of the Crimes Act 1958 (Vic).
Charge 3: The Director of Public Prosecutions charges that James Till & Charles Hi at Richmond in Victoria on the 26th day of August 2015 recklessly caused serious injury to Sabiha Temiz in circumstances of gross violence, namely James Till & Charles Hi continued to cause injury to Sabiha Temiz after Sabiha Temiz was incapacitated.
Statement of Offence: Causing serious injury recklessly in circumstances of gross violence contrary…
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- AGLC
- Hi v The Queen [2017] VSCA 315
- Case
- [2017] VSCA 315
- Decision Date
CaseChat Overview and Summary
The court found no error in the sentence imposed by the Supreme Court. It held that the sentence was not unacceptable in disparity with that of the co-offender and that it was not manifestly excessive. The court emphasised the need for parity in sentencing co-offenders, but also recognised the principle that each case must be assessed on its own merits. The court examined the circumstances of the crime, the appellant’s criminal history, and the principles of sentencing, concluding that the sentence was within the appropriate range. The appeal was dismissed.
No specific orders were made in this appeal as the conviction and sentence were upheld. The decision reinforces the importance of considering the individual circumstances of each case when assessing the appropriate sentence, while also acknowledging the need for parity among co-offenders.
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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