Liddell v The King

Case [2024] VSCA 18


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2022 0188
AARON LIDDELL Appellant
v
THE KING Respondent

---

JUDGES: McLEISH and WALKER JJA
WHERE HELD: Melbourne
DATE OF HEARING: 21 February 2024 
DATE OF JUDGMENT: 5 March 2024
MEDIUM NEUTRAL CITATION: [2024] VSCA 18
JUDGMENT APPEALED FROM: [2022] VCC 2011 (Judge Tinney)

---

CRIMINAL LAW – Appeal – Sentence – One charge of arson with intent to endanger life – Two charges of intentionally causing injury  – Total effective sentence 9 years 6 months – Non-parole period 6 years 6 months – Base sentence for arson with intent to endanger life 8 years – Appellant lit fire in occupied house in early hours of morning – Premeditated attack – Use of accelerant on staircase of house  – Whether base sentence for arson with intent to endanger life manifestly excessive – Current sentencing practices only one factor to consider – Decided cases reveal disparate circumstances and sentencing outcomes – Offending at upper end of seriousness – Appellant had poor prospects of rehabilitation and high moral culpability – Need for community protection – Base sentence within range – Total effective sentence and non-parole period within range – Appeal dismissed.

Crimes Act 1958, ss 197(2), 197(6).

DPP v Dalgliesh (2017) 262 CLR 428, applied. DPP v Wang [2021] VCC 1570; DPP v Islam [2019] VCC 217; Maher v The Queen [2011] VSCA 136; BBA v The Queen [2010] VSCA 174; DPP v Roberts [2006] VSC 122; DPP v Hayman [2003] VSC 295; R v Matheas [2003] VSC 221, considered.

---

Counsel

Appellant: Mr D Sala
Respondent: Mr G Buchhorn

Solicitors

Appellant: Emma Turnbull Lawyers
Respondent: Ms A Hogan, Solicitor for Public Prosecutions

MCLEISH JA
WALKER JA:

  1. The appellant was sentenced on 16 November 2022 to a total effective sentence of nine years and six months’ imprisonment on three charges to which he had pleaded guilty. The base sentence of eight years’ imprisonment was imposed for the offence of arson with intent to endanger life, contrary to s 197(2) and (6) of the Crimes Act 1958. The overall sentencing disposition was as follows:

Charge

Offence

Max Penalty

Sentence

Cumulation

1 Arson with intent to endanger life (Crimes Act 1958, ss 197(2) and (6)) 15 years 8 years Base
2 Causing injury intentionally (Crimes Act 1958, s 18) 10 years 4 years 12 months
3 Causing injury intentionally (Crimes Act 1958, s 18) 10 years 1 year 9 months 6 months
Total effective sentence 9 years 6 months
Non-parole period 6 years 6 months
Pre-sentence detention declared 100 days
Section 6AAA statement

Total effective sentence 11 years 6 months

Non-parole period 8 years 6 months

Offending

  1. The appellant had been living at a property in Bundoora since mid-2019. The property contained a building, which was leased to a number of tenants who each had individual rooms. It was a two-storey brick house, with three bedrooms, a kitchen and…

Continue reading Liddell v The King

Sign in free to access the full text

Details
AGLC
Liddell v The King [2024] VSCA 18
Case
[2024] VSCA 18
Decision Date

CaseChat Overview and Summary

In the case of Liddell v The King, the appellant appealed against his sentence for three criminal offences. The appellant was convicted of one charge of arson with intent to endanger life and two charges of intentionally causing injury. The Court of Appeal was required to determine whether the base sentence for the charge of arson with intent to endanger life was manifestly excessive. The court also needed to consider the total effective sentence and non-parole period to ensure they were within an appropriate range.

The Court of Appeal considered that the base sentence for the charge of arson with intent to endanger life was not manifestly excessive. The court noted that current sentencing practices were only one factor to consider. The court examined previous cases and found that there were disparate circumstances and sentencing outcomes. However, the appellant's offending was at the upper end of seriousness, and he had poor prospects of rehabilitation and high moral culpability. The need for community protection also played a role in the sentencing. The Court of Appeal concluded that the base sentence was within the range and that the total effective sentence and non-parole period were also within an appropriate range.

The Court of Appeal dismissed the appeal, confirming the sentence imposed by the trial judge. The court held that the base sentence for the charge of arson with intent to endanger life was not manifestly excessive, and the total effective sentence and non-parole period were within an appropriate range. The court noted that the appellant's offending was at the upper end of seriousness, and the need for community protection and the appellant's prospects of rehabilitation and moral culpability were also relevant factors in the sentencing. The appeal was dismissed, and the sentence imposed by the trial judge was confirmed.

No further orders were made by the Court of Appeal.

Orders

Orders of the court

Full text does not contain this section.

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.