SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0084
| LAHNI WOOD | Applicant |
| v | |
| THE QUEEN | Respondent |
S APCR 2018 0086
| PETER BELL | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | KYROU and WEINBERG JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 13 February 2019 |
| DATE OF JUDGMENT: | 6 March 2019 |
| MEDIUM NEUTRAL CITATION: | [2019] VSCA 39 |
JUDGMENT APPEALED FROM: | DPP v Bell [2017] VCC 1952 (Judge Ryan) |
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CRIMINAL LAW – Appeal – Sentence – Vigilante attack by four co-offenders – Charges of aggravated burglary and common law assault – Applicant (Wood) participated primarily, though not exclusively, as navigator – Whether error in assessment of role in offending – Undue disparity and insufficient disparity between co-offenders established – Justifiable sense of grievance – Appeal allowed though total effective sentence of 3 years and 2 months’ imprisonment not manifestly excessive — Resentenced to 2 years and 7 months’ imprisonment to bring sentence into line with that of co-offender, and to achieve appropriate parity.
CRIMINAL LAW – Appeal – Sentence – Whether total effective sentence imposed upon applicant (Bell) of 4 years and 5 months’ imprisonment manifestly excessive – Sentence within range – Application refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant Wood: | Ms G A Coghlan | Stary Norton Halphen |
| For the Applicant Bell: | Mr J O’Connor | Patrick W Dwyer |
| For the Crown: | Mr J McWilliams | Mr J Cain, Solicitor for Public Prosecutions |
KYROU JA
WEINBERG JA:
These are two applications for leave to appeal against sentence brought by Lahnii Wood and Peter Bell. Both applicants pleaded guilty, on 22 November 2017, to various offences arising out of the same events. The offences took place on 18 December 2016.
Ms Wood pleaded guilty to two charges only, one of aggravated burglary, and one of common assault. Mr Bell pleaded guilty to four charges, one of aggravated burglary, one of recklessly causing injury, one of common assault and one of criminal damage.
On 18 December 2017, each applicant was sentenced as follows:
Lahnii Wood
Charge Offence Maximum Sentence Cumulation 2 Aggravated burglary [Crimes Act 1958 s 77(1)] 25 years 3 years Base 4 Assault
[Common law]5 years 6 months 2 months Total Effective Sentence: 3 years and 2 months Non-parole Period 19 months Pre-sentence Detention Declared 25 days S 6AAA Declaration Pursuant to Sentencing Act 1991: 5 years with a non-parole period of 2 years and 6 months
Peter Bell
Charge Offence Maximum Sentence Cumulation 1 Aggravated burglary 25 years 4 years Base 3 Recklessly cause injury [Crimes Act s 18] 5 years 6 months 2 months 4 Assault [Common law] 5 years 6 months 2 months 5 Criminal damage [Crimes Act s 197(1)] 5 years 3 months 1 month Total Effective Sentence 4 years and 5 months Non-parole Period 2 years and 6 months Pre-sentence Detention Declared 25 days 6AAA Declaration Pursuant to Sentencing Act: 6 years and 6 months with a non-parole period of 4 years 6 months
Ms Wood seeks leave to appeal on the…
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- Case
- [2019] VSCA 39
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether there was an error in the assessment of Wood's role in the offending, whether the sentence imposed was manifestly excessive, and whether there was an undue disparity in the sentences of the co-offenders. The court examined the totality of Wood's role, including her participation in the planning and execution of the attack, and her role as the navigator. The court also considered the principle of parity in sentencing and whether the sentence imposed was within the appropriate range.
The court found that there was no error in the assessment of Wood's role in the offending, but that the sentence imposed was excessive and there was an undue disparity between her sentence and that of her co-offenders. The court acknowledged that Wood had a justifiable sense of grievance, but held that the sentence of 3 years and 2 months' imprisonment was not manifestly excessive. However, to achieve appropriate parity and to bring the sentence into line with that of her co-offender, the court allowed the appeal and resentenced Wood to 2 years and 7 months' imprisonment. The court refused the application of the co-offender, Bell, who argued that his sentence of 4 years and 5 months' imprisonment was manifestly excessive, holding that it was within the appropriate range.
The court ordered that Wood be resentenced to 2 years and 7 months' imprisonment, to be served from the date of her original sentencing. The court also ordered that the appeal of Bell be dismissed, and that he continue to serve his original sentence.
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