SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0127
| DAMIAN PAUL LISLE | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | PRIEST and SANTAMARIA JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 25 January 2017 |
| DATE OF JUDGMENT: | 25 January 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 4 |
| JUDGMENT APPEALED FROM: | DPP v Lisle (Unreported, County Court of Victoria, Judge Morrish, 3 June 2016) |
---
CRIMINAL LAW — Sentence — Appeal — Arson and burglary — Appellant set fire to toilet rolls and a clipboard at Crown Casino — Sentenced as a serious arson offender to be imprisoned for 5 years a with a non-parole period of 3 years and to a community correction order of 7 years’ duration — Sentence manifestly excessive — Leave to appeal granted — Appeal allowed — Re-sentenced to be imprisoned for 3 years and 6 months with a non-parole period of 2 years.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P Smallwood | Papa Hughes Lawyers |
| For the Crown | Mr C Boyce SC | Mr J Cain, Solicitor for Public Prosecutions |
PRIEST JA
Introduction
On 18 February 2016, the applicant pleaded guilty in the County Court to three charges of arson (charges 1, 2 and 4) and one charge of burglary (charge 3).
Later, on 3 June 2016, the judge imposed a total effective sentence of five years’ imprisonment upon the applicant, and fixed a non-parole period of three years. The judge also imposed a community correction order (‘CCO’) of seven years’ duration on charges 1, 2 and 4 (arson).
The applicant seeks leave to appeal against the sentence on two grounds as follows:
1. The learned sentencing judge erred by concluding that the applicant’s consumption of alcohol was an aggravating factor.
2. The individual sentences (including the terms of imprisonment and the Community Correction Order imposed), orders for cumulation, total effective sentence and non-parole period fixed are each manifestly excessive.
Particulars
(a)The sentences imposed were disproportionate to the gravity of the offending.
(b)The learned sentencing judge gave manifestly insufficient weight to the applicant’s early pleas of guilty and remorse.
With conspicuous fairness, in response to the applicant’s written case the respondent promptly conceded that ‘the total effective sentence and non-parole period are manifestly excessive when combined with a [CCO] of the length and onerous conditions imposed in this case’. That concession was properly made.
For reasons that I will shortly elaborate, leave to appeal against the sentence should be granted and the appeal allowed. I would sentence the applicant to be imprisoned for three years and six months, with a non-parole period of two years, in the manner I will later set out.
Circumstances of the offending
All of the offences charged in the indictment occurred within the Crown Casino complex at Southbank on Wednesday, 5 August 2015, between the hours 7.00pm and 9.00pm. At that time the applicant was aged 41 years.[1] He lived with his wife, Leanne, in their family home at Coldstream, and was employed as a business development manager for an architectural…
Continue reading Lisle v The Queen
Sign in free to access the full text
- AGLC
- Lisle v The Queen [2017] VSCA 4
- Case
- [2017] VSCA 4
- Decision Date
CaseChat Overview and Summary
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.