SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0191
| MITCHELL MANSFIELD | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | MAXWELL P and CROUCHER AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 12 May 2017 |
| DATE OF JUDGMENT: | 29 August 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 220 |
| JUDGMENT APPEALED FROM: | DPP v Mansfield (Unreported, County Court of Victoria, Judge Montgomery, 19 August 2016) |
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CRIMINAL LAW – Appeal – Sentence – Intentionally cause serious injury – Sentence four years and three months’ imprisonment, non-parole period two years and three months – Offender aged 19 – Whether sentence manifestly excessive – Whether principles concerning young offenders misapplied – Victim knocked unconscious – Offender repeatedly punched unconscious victim – Early plea of guilty – Prior good character – Good prospects of rehabilitation – General deterrence – Application refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D C Hallowes SC | Emma Turnbull Lawyers |
| For the Respondent | Mr C B Boyce SC | Mr J Cain, Solicitor for Public Prosecutions |
MAXWELL P:
I have had the advantage of reading in draft the reasons for judgment of Croucher AJA. For the reasons which his Honour gives, I too would refuse leave to appeal.
CROUCHER AJA:
Overview
On 18 August 2016, Mitchell Mansfield (‘the applicant’) pleaded guilty in the County Court at Bendigo to a charge of intentionally causing serious injury[1] to William Margetts. The judge then heard an opening, a plea in mitigation and submissions on sentence.
[1]Contrary to Crimes Act1958, s 16.
The next day, his Honour sentenced the applicant to four years and three months’ imprisonment with a non-parole period of two years and three months. He recommended that the relevant authorities ‘give consideration to transferring [the applicant] to a youth justice centre to serve as much as that period as is deemed desirable’.[2] He also declared[3] that, but for the applicant’s plea of guilty, he would have imposed a sentence of between six and seven years’ imprisonment with a non-parole period of between four and five years.
[2]DPP v Mansfield (Unreported, County Court of Victoria, Judge Montgomery, 19 August 2016) [15] (‘Reasons’).
[3]Pursuant to Sentencing Act1991, s 6AAA.
The applicant sought leave to appeal against his sentence.[4] He relied on two grounds. The first complained that the judge misapplied the principles relevant to the sentencing of young offenders. The second complained that the sentence was manifestly excessive.
[4]Pursuant to Criminal Procedure Act2009, s 278.
On 20 December 2016, Weinberg JA heard the application on the papers. His Honour refused leave to appeal on the basis that neither ground of appeal had any reasonable prospect of success.[5] He gave detailed reasons for his decision.
[5]See Criminal Procedure Act2009, s 280.
The applicant elected to renew his application for leave to appeal,[6] on the same grounds. On 12 May 2017, in addition to having the material that was before Weinberg JA, this Court had the benefit of detailed oral argument from senior counsel for each party.
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- AGLC
- Mitchell Mansfield v The Queen [2017] VSCA 220
- Case
- [2017] VSCA 220
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed was manifestly excessive and whether the sentencing principles applicable to young offenders were misapplied. The court was required to balance the need for general deterrence with the specific circumstances of the offender, including his age, plea of guilty, good character, and prospects of rehabilitation. The court needed to determine if the sentence imposed was appropriate in all the circumstances, particularly considering the principles that should guide the sentencing of young offenders.
The court considered the factors relevant to sentencing, including the gravity of the offence, the need for general deterrence, and the specific circumstances of the offender. The court found that while the sentence was severe, it was not manifestly excessive. It took into account the seriousness of the assault, the fact that the victim was rendered unconscious and repeatedly punched, and the offender’s age and prospects of rehabilitation. The court held that the sentence was appropriate in all the circumstances, and the principles concerning young offenders were correctly applied. The appeal was therefore dismissed.
No orders were made by the court.
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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