| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0121 |
| ANGELA LIBERATORE | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | Kenny JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | Determined on the papers |
| DATE OF JUDGMENT: | 11 November 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 263 |
| JUDGMENT APPEALED FROM: | [2024] VCC 231 (Judge Trapnell) |
APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009
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CRIMINAL LAW – Appeal – Sentence – Obtaining property by deception – Obtaining financial advantage by deception – Victims were family members – Breach of trust – Found guilty at trial – Relevant prior criminal history – Lack of insight and remorse – Symptoms of post-traumatic stress disorder – Delay – Total effective sentence of 5 years and 3 months – Non-parole period 3 years and 8 months – Whether sentence manifestly excessive – Whether sentencing judge gave insufficient weight to the principle of totality – Whether sentencing judge gave insufficient weight to current sentencing practice – Whether sentencing judge gave insufficient weight to delay – Leave to appeal refused.
Criminal Procedure Act 2009 ss 278, 280, 315.
DPP v Merryfull and Bloomfield [2023] VSCA 244, applied; Tones v The Queen [2017] VSCA 118, applied; Wilson v The Queen [2022] VSCA 2, applied, Postiglione v The Queen (1997) 189 CLR 295, considered; Mill v The Queen (1988) 166 CLR 59, considered; DPP v Mastrangelo [2018] VCC 87, distinguished; Kotsifas v The Queen [2021] VSCA 368, distinguished; Taylor v The Queen (2019) 59 VR 163, distinguished; Friel v The Queen [2018] VSCA 48, distinguished; DPP v Cappelli [2019] VCC 2118, distinguished.
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| Counsel for written submissions | |||
| Applicant: | Ms G Morgan | ||
| Respondent: | Mr J O’Toole | ||
Solicitors | |||
| Applicant: | Giorgianni & Liang Lawyers | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
KENNY JA:
Introduction and overview
On 16 August 2023, the applicant was found guilty at trial in the County Court of Victoria of 33 charges of obtaining a financial advantage by deception and two charges of obtaining property by deception.
On 7 March 2024, the applicant was sentenced as follows:
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation | |
| 2 | Obtaining property by deception (Crimes Act 1958, s 81(1)) | 10 years’ imprisonment | 4 months’ imprisonment | 3 months | |
| 3 | Obtaining property by deception (Crimes Act 1958, s 81(1)) | 10 years’ imprisonment | 4 months’ imprisonment | 3 months | |
| 5 | Obtaining financial advantage by deception (Crimes Act 1958, s 82(1)) | 10 years’ imprisonment | 2 years’ imprisonment | 1 year | |
| 6–30, 32–37 | Obtaining financial advantage by deception (Crimes Act 1958, s 82(1)) | 10 years’ imprisonment | Aggregate sentence of 1 year and 6 months’ imprisonment | 9 months | |
| 31 | Obtaining financial advantage by deception (Crimes Act 1958, s 82(1)) | 10 years’ imprisonment | 3 years’ imprisonment | Base | |
| Total Effective Sentence: | 5 years and 3 months’ imprisonment | ||||
| Non-Parole Period: | 3 years and 8 months | ||||
| Pre-sentence Detention Declared: | 204 days | ||||
| Section… | |||||
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- AGLC
- Liberatore v The King [2024] VSCA 263
- Case
- [2024] VSCA 263
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence was manifestly excessive, and whether the sentencing judge gave insufficient weight to the principle of totality, current sentencing practice, and the delay. The appellant argued that the sentence was manifestly excessive and that the sentencing judge did not consider the totality principle, current sentencing practice, and the delay. The appellant submitted that the sentence was excessive because it did not reflect the appellant's limited criminal history, lack of insight and remorse, and symptoms of post-traumatic stress disorder. The appellant also submitted that the delay in the prosecution of the offences should have been taken into account by the sentencing judge.
The court considered the submissions made by the appellant and the authorities cited. The court noted that the appellant had a limited criminal history, but also noted that the crimes were serious and involved a breach of trust. The court also noted that the appellant had shown no insight or remorse for the crimes, and that the delay in the prosecution of the offences did not warrant a reduction in sentence. The court held that the sentence was not manifestly excessive and that the sentencing judge had given sufficient weight to the principle of totality, current sentencing practice, and the delay. The court held that the sentence was appropriate in all the circumstances, and that the appeal should be dismissed.
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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