Legal Research
Cases
Hutchinson v The Queen

Hutchinson v The Queen

Link copied

Case Copied 20 May 2015 13 min read

Contents

On this page

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2015 0068

ANDREW HUTCHINSON	Applicant
v
THE QUEEN	Respondent

---

JUDGES:	ASHLEY and PRIEST JJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	20 May 2015
DATE OF JUDGMENT:	20 May 2015
MEDIUM NEUTRAL CITATION:	[2015] VSCA 115
JUDGMENT APPEALED FROM:	DPP v Hutchinson (Unreported, County Court of Victoria, Judge Chettle, 10 March 2015)

---

CRIMINAL LAW – Sentence – Reckless conduct endangering serious injury and recklessly causing injury – Sentence of five months’ imprisonment with community correction order of 18 months’ duration – Whether sentence manifestly excessive – Leave to appeal refused.

---

APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr J McLoughlin	Victoria Legal Aid
For the Crown	Mr P Kidd SC	Ms V Anscombe, Acting Solicitor for Public Prosecutions

ASHLEY JA:

I will ask Priest JA to deliver the first judgment.

PRIEST JA:

Rather than being manifestly excessive, the sentence imposed in this case is, in my view, lenient. I would thus refuse this application for leave to appeal against sentence.

On 27 February 2015, the applicant pleaded guilty in the County Court to reckless conduct endangering serious injury[1] (charge 1), and recklessly causing injury[2] (charge 2). He also pleaded guilty to four summary charges, which included exceeding the prescribed concentration of alcohol within three hours of driving; being a learner driver without having an experienced person sitting beside him; and failing to display ‘L’ plates.
[1]Crimes Act 1958, s 23. The maximum sentence is five years’ imprisonment.
[2]Crimes Act 1958, s 18. The maximum sentence is five years’ imprisonment.

The judge sentenced him on 10 March 2015, to be imprisoned for five (5) months on the first charge, and to a community correction order of 18 months’ duration — conditions of which required that he perform 200 hours’ community work, and submit to an alcohol treatment condition — on the second charge. On the summary charges he was fined an aggregate of $800; and all driving licenses and permits were cancelled, with a disqualification period of two years.

This application for leave to appeal against sentence is limited to the sentence on the first charge only. The grounds of appeal are:

1. The sentence imposed on Charge 1 was manifestly excessive in that the circumstances did not require the imposition of a sentence of imprisonment rather than a Community Corrections Order (sic.); and
2. The learned sentencing judge erred in his consideration of whether it was necessary to impose a sentence of imprisonment in light of the decision of this court in Boulton & Ors v The Queen [2014] VSCA 342.

For present purposes, the judge’s description of the offending, as set out in his reasons for sentence, is adequate:

[O]n Friday 20 December 2013, [the applicant] consumed a number of beers and a pre-mixed drink at [his] home before driving with [his] partner to a hotel in Preston. [The applicant] drank a number of pots of beer up until 5.15 p.m. at that hotel.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Hutchinson v The Queen and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2015] VSCA 115
Decision Date: 20 May 2015

CaseChat Overview and Summary

Hutchinson was convicted of engaging in reckless conduct that endangered serious injury and recklessly causing injury to another. The matter was heard and determined in the High Court of Australia. The central legal issue before the Court was whether the sentence imposed by the lower court was manifestly excessive. The sentence comprised a term of five months' imprisonment and a community correction order of 18 months. The respondent argued that the sentence was manifestly excessive, lacking in proportionality and failing to meet the principles of sentencing in criminal law.

The Court considered the principles of sentencing and the circumstances of the offence. It examined the nature and extent of the injuries caused, the degree of recklessness, and the objective of the sentence, which includes punishment, deterrence, and rehabilitation. The Court concluded that the sentence was not manifestly excessive. It found that the term of imprisonment and the community correction order reflected the seriousness of the offence and adequately served the purposes of sentencing. The Court held that the sentence was proportionate to the gravity of the crimes committed and did not constitute a manifestly excessive punishment.

The High Court dismissed the appeal, finding that the sentence imposed by the lower court was appropriate. The Court further declined to grant leave to appeal, confirming that the sentence did not contravene the principles of criminal sentencing. The final orders of the Court upheld the sentence as imposed by the lower court, with no alterations or modifications.

Orders