Hills v The Queen

[2011] VSCA 364

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2011 0085 

KAREN HILLS
	Applicant
v.
THE QUEEN	Respondent

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JUDGES:	WARREN CJ, NETTLE JA, BEACH AJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	9 November 2011
DATE OF JUDGMENT:	18 November 2011
MEDIUM NEUTRAL CITATION:	[2011] VSCA 364 (Revision 1, 20 November 2011)
JUDGMENT APPEALED FROM:	DPP v Hills [2011] VSC 87 (Kaye J)

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CRIMINAL LAW — Application for leave to appeal against conviction – Election to have application determined by the Court of Appeal – Whether evidence found during search of premises obtained illegally or improperly– Disclosure of irrelevant and prejudicial material to jury – Whether capable of being cured by direction – Application dismissed – No point of principle.

CRIMINAL LAW – Application for leave to appeal against sentence – Election to have application determined by the Court of Appeal – Applicant convicted of kidnapping, reckless conduct endangering life, intentionally causing serious injury, aggravated burglary and making threat to kill – Applicant sentenced to a total effective sentence of 8 years with a non-parole period of 5 years – Whether manifestly excessive – Whether sentencing judge mischaracterised the applicant’s role in the offending – Whether sentencing judge gave insufficient weight to a psychologist’s report – Application dismissed – No point of principle.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr MDA Dann	Haines & Polites
For the Respondent	Mr T Gyorffy	Mr C Hyland, Solicitor for Public Prosecutions

WARREN CJ
NETTLE JA
BEACH AJA:

1. The applicant seeks leave to appeal against her conviction of kidnapping and abduction related offences and, also, leave to appeal against the consequential sentence. On 19 August 2011, Redlich JA refused the applicant leave to appeal. This is a renewal of the application for leave to appeal against conviction and sentence pursuant to s 315(2) of the Criminal Procedure Act 2009. 

1. The applicant and her three co-accused – NKC, Brodie Cooper and RAC, were found guilty of a series of offences arising from their involvement in the kidnap and abduction of Leah Freeman from her home in East Brunswick on 9 December 2008.  There was an additional co-accused, Craig Hills, brother of the applicant, who was unfit to stand trial.  Another individual, Kylie Meulenbrock, pleaded guilty to charges arising out of her participation in the events.  She gave evidence at the trial on behalf of the prosecution.

1. The applicant was convicted and sentenced as follows:

Count	Offence	Max Penalty	Sentence	Cumulation
1	Aggravated burglary	25 years	2 years 6 months	Nil
2	Kidnapping	25 years	6 years	Base
3	Intentionally causing serious injury	20 years	3 years	6 months
5	Making threat to kill	10 years	6 months	Nil
7	Reckless conduct endangering life	10 years	4 years	18 months
4		Total effective sentence:		8 years
		Non-parole period:		5 years

The circumstances of the offending

1. On the evening of 9 December 2008 the applicant together with Brodie Cooper, RAC, NKC, Kylie Meulenbrock and Craig Hills drove in two vehicles to Each Brunswick.  There…