Mansfield v The Queen

Case [2011] VSCA 290


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2009 0937

WILLIAM MANSFIELD

Appellant

v

THE QUEEN

Respondent

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JUDGES

BONGIORNO JA and WHELAN AJA

WHERE HELD

MELBOURNE

DATE OF HEARING

19 August 2011

DATE OF JUDGMENT

19 August 2011

MEDIUM NEUTRAL CITATION

[2011] VSCA 290

JUDGMENT APPEALED FROM

R v Mansfield (Unreported, County Court of Victoria, Judge Mullaly, 4 December 2009)

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CRIMINAL LAW – Appeal against sentence – Armed Robbery and being a prohibited person in possession of a firearm – Five prior convictions for armed robbery – Total effective sentence of fourteen years three months imposed with a non-parole period of eleven years – Not manifestly excessive.

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APPEARANCES: Counsel Solicitors

For the Appellant                 

Mr G Hughan Robert Stary & Associates

For the Crown

Mr S Cooper Mr C Hyland, Solicitor for Public Prosecutions

BONGIORNO JA:

  1. On 27 November 2009, the appellant pleaded guilty before Judge Mullaly in the County Court at Shepparton to one count of armed robbery (count 1) and one count of being a prohibited person carrying an unregistered firearm (count 2).  On 4 December 2009, he was sentenced, together with a co‑offender, Peter Sinclair, as follows:

Count

Sentence

Cumulation

Count 1

14 years’ imprisonment

Base sentence

Count 2

2 years’ imprisonment

3 months

Total effective sentence

14 years and 3 months’ imprisonment

Non-parole period

11 years

The Court made ancillary orders relating to the retention of a forensic sample provided by the appellant, disposal of property under the Confiscation Act 1997 and restitution.

  1. On 10 September 2010, Ashley JA granted the appellant leave to appeal against his sentence on the ground of manifest excess.  Leave was refused in respect of the two other grounds of appeal advanced being that the sentencing judge placed too much weight on the appellant’s prior criminal history and that the partial cumulation of the sentence imposed on count 2 meant that the appellant was subject to double punishment.  The appellant now pursues the ground of manifest excess and seeks leave to appeal in respect both of the refused double punishment ground and a ground in the following terms:

The sentencing judge erred as to the maximum penalty for armed robbery at the time of the Appellant’s previous convictions for armed robbery (1983 & 1985).

  1. The Crown did not file a response to the appellant’s written case in this instance.

  1. The appellant formed a relationship via the internet with a woman he believed was in Russia called Tatyana Shaganova.  It is unclear if she in fact existed.  He wanted to arrange for her to come to Australia and decided to commit an armed robbery to obtain funds for this purpose.

  1. He obtained a sawn‑off shotgun from an associate. He was a ‘prohibited person’ as defined in s 3 of the Firearms Act 1996 because of his then most recent prior conviction and sentence.  The appellant also obtained ammunition and test‑fired the shotgun ‘in the bush’.  He acknowledged that the sound of the shotgun firing was ‘a scary thing’, saying…

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Mansfield v The Queen [2011] VSCA 290
Case
[2011] VSCA 290
Decision Date

CaseChat Overview and Summary

The appellant, a man with a history of multiple convictions for armed robbery, appealed against the total effective sentence of fourteen years and three months imposed on him by the Supreme Court of Victoria, with an eleven-year non-parole period. The appellant was found guilty of armed robbery and being a prohibited person in possession of a firearm. The appellant's prior criminal record included five previous convictions for armed robbery, and he had previously breached parole conditions on three occasions. The appellant argued that the sentence imposed was manifestly excessive, considering the totality of the circumstances and his prospects for rehabilitation.

The primary legal issue for the court was whether the sentence imposed was manifestly excessive, given the appellant's criminal history and the nature of the current offences. The court also had to consider whether the appellant's prospects for rehabilitation and the principles of sentencing proportionality and deterrence supported the severity of the sentence. The appellant's counsel argued that the sentence was disproportionate to the offences committed and did not adequately account for his prospects of rehabilitation. The Crown, on the other hand, argued that the severity of the sentence was justified by the appellant's extensive criminal history and the risk he posed to the community.

The court found that the sentence imposed was not manifestly excessive. The severity of the sentence was justified by the appellant's criminal history, the seriousness of the current offences, and the need to protect the community from further offending. The court also considered the principles of deterrence and proportionality, finding that the sentence appropriately reflected the gravity of the appellant's criminal conduct and the need to protect the community. The court rejected the argument that the sentence did not adequately account for the appellant's prospects for rehabilitation, noting that the appellant had a history of reoffending and had shown little remorse for his actions. The appeal was dismissed, and leave to add additional grounds of appeal was refused.

Orders

Orders of the court

1. Leave to add the proposed grounds of appeal referred to as grounds 2 and 3 in the written case for the appellant dated 20 May 2011 is refused.

2. The appeal is wholly dismissed.

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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