SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2010 014 | |
| RYAN LEE JACOBS | Appellant |
| v | |
| THE QUEEN | Respondent |
| S APCR 2010 015 | |
| BRENT JAMES ROSS | Appellant |
| v | |
| THE QUEEN | Respondent |
---
JUDGES: | HARPER and HANSEN JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 5 August 2011 | |
DATE OF JUDGMENT: | 18 August 2011 | |
MEDIUM NEUTRAL CITATION: | [2011] VSCA 238 | |
JUDGMENT APPEALED FROM: | DPP v Jacobs and Ross (Unreported, County Court of Victoria, Judge Pilgrim, 25 January 2010 | |
---
CRIMINAL LAW – Sentence – Intentionally causing serious injury – Appellants pleaded guilty as principals – Sentences of five years’ imprisonment with non-parole periods of three years appropriate – Co-offenders later pleaded guilty to aiding and abetting appellants and sentenced by different judge to two years and six months’ imprisonment wholly suspended for three years, and three years’ imprisonment with non-parole period of 12 months respectively – Parity – Appellants’ offending more serious than co-offenders but did not justify extent of disparity – Appellants re-sentenced to four years and six months’ imprisonment with non-parole period of two years and six months.
---
| APPEARANCES: | Counsel | Solicitors |
For the Appellant Jacobs | Mr G M Hughan | Balmer & Associates |
For the Appellant Ross | Mr J D Williams | Victoria Legal Aid |
For the Respondent | Mrs C M Quin | Mr C Hyland, Solicitor for Public Prosecutions |
HARPER JA:
I agree with Hansen JA.
HANSEN JA:
The appellants, Brent James Ross and Ryan Lee Jacobs, each pleaded guilty to one count of intentionally causing serious injury, which carries a maximum penalty of 20 years’ imprisonment. Following pleas in mitigation in the County Court, each appellant was sentenced by the same judge on 25 January 2010 to five years’ imprisonment with a non-parole period of three years.
Each appellant now appeals against his sentence on the sole ground that the sentence offends the principle of parity having regard to the sentences subsequently imposed by a different judge on the co-offenders Jamie Pettingill and Jay Young. Pettingill was sentenced to two and a half years’ imprisonment, wholly suspended for three years, while Young was sentenced to three years’ imprisonment with a non-parole period of 12 months.
Background
The offending stemmed from an altercation at the Loft nightclub in Lonsdale Street, Melbourne in the early hours of Sunday 19 April 2009. Jacobs (then aged 22), Ross (then aged 20), Young (then aged 24), and Pettingill (then aged 20) were part of a group[1] of some 12 people who were out celebrating a friend’s 18th birthday. The victim, Benjamin Rendell, was also out celebrating his 22nd birthday with a group of people. Both groups had consumed alcohol before arriving at the club. A misunderstanding on the dance floor led to Jacobs’ then girlfriend pulling Rendell’s girlfriend’s hair. A scuffle broke out between them, with Jacobs, Rendell, Ross and
[1]The group included a further co-offender who was dealt with in the Children’s Court. It is not necessary to say anything more about him.
Ross’s girlfriend all becoming involved. Security staff intervened and…
Continue reading Jacobs v The Queen
Sign in free to access the full text
- AGLC
- Jacobs v The Queen [2011] VSCA 238
- Case
- [2011] VSCA 238
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court to decide was whether the disparity in sentencing between the appellants and their co-offenders was justified. The appellants argued that their sentences were disproportionately harsher than those of their co-offenders, despite their more direct involvement in the crime. The court had to consider the principles of parity in sentencing and assess whether the severity of the appellants’ offending warranted the extent of the disparity.
The court held that while the appellants’ offending was more serious than that of their co-offenders, it did not justify the extent of the sentencing disparity. The principle of parity in sentencing requires that similarly situated offenders receive similar sentences. Although the appellants’ direct involvement in the crime was greater, the court found that the sentences imposed on the co-offenders were appropriate. As a result, the court re-sentenced the appellants to four years and six months’ imprisonment with a non-parole period of two years and six months each, to align with the sentences of their co-offenders.
The final orders of the court were to allow each appeal and re-sentence each appellant to four years and six months’ imprisonment with a non-parole period of two years and six months. This decision ensured that the sentences imposed were consistent with the principle of parity in sentencing, reflecting the relative seriousness of the offending and the roles of the participants in the crime.
Orders
Orders of the court
I would allow each appeal and re-sentence each appellant to four years and six months’ imprisonment. I would fix a non-parole period of two years and six months in each case.
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.