Maurice v The Queen

Case [2011] VSCA 197


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2008 0886

STEPHEN MAURICE Appellant
v
THE QUEEN Respondent

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JUDGES MAXWELL P, BUCHANAN and WEINBERG JJA
WHERE HELD MELBOURNE
DATE OF HEARING 24 January 2011
DATE OF JUDGMENT 30 June 2011
MEDIUM NEUTRAL CITATION [2011] VSCA 197
JUDGMENT APPEALED FROM R v Maurice (Unreported, County Court of Victoria, Judge Lacava, 14 October 2008)

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CRIMINAL LAW – Appeal – Sentence – Aggravated burglary – Entering bedroom of sleeping child with intention to commit indecent assault – Victim aged 10 – Sexual penetration of child under 16 – Total effective sentence 9 years, non-parole period 7 years – Whether manifestly excessive – Whether non-parole period too great a proportion of head sentence – Whether sufficient weight given to prospects of rehabilitation – Appeal dismissed.

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APPEARANCES: Counsel

Solicitors

For the Appellant Mr D A Glynn Andrew George Solicitors
For the Crown Mr B Sonnet Mr C Hyland, Solicitor for Public Prosecutions

MAXWELL P:

  1. The appellant pleaded guilty to one count of aggravated burglary and one count of sexual penetration of a child under 16.  He was sentenced as follows:

Count

Offence

Maximum

Sentence

Cumulation

6AAA Declaration

Individual count

Cumulation

1

Aggravated Burglary

25y

7y

Base

9y

Base

2

Sexual penetration of a child under 16 years of age

10y

5y

2y

7y

3y

Total Effective Sentence (TES):         

9y

12y

Non-parole period (NPP):                   

7y

10y

  1. By leave, he now appeals against that sentence.  For reasons which follow, I would dismiss the appeal.

The circumstances of the offending

  1. The female victim (‘R’) had just turned 10.  She resided with her parents, two older brothers and an older sister.  The appellant, who was aged 31 at the time of the offending, lived only 50 metres from her house.

  1. On the night in question, R was asleep in the front bedroom of the house, which she shared with her older sister.  She was asleep on the top bunk, while her sister was asleep on the bottom bunk.  At approximately 4:00 am, R awoke to find the appellant rubbing her stomach, legs and genital area.  He had gained access to the bedroom by removing a flywire screen, placing it against the side of the house in the driveway and then climbing in the bedroom window.

  1. The appellant placed his hand under the doona and commenced to rub R’s legs, stomach, bottom and genital area.  She was wearing a nightie.  The appellant continually rubbed her genital area and then placed his finger inside her vagina, forcing her legs further apart.  At various points, the appellant climbed further up the bunk ladder to gain better access to R.

  1. Having been awakened by the appellant’s actions, R lay in fear, pretending to be asleep.  The appellant left via the bedroom window and fled the scene.  R immediately woke her sister and asked to be taken into the parents’ room.  The older sister said that R was screaming her name and telling her that someone had touched her.  R was…

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AGLC
Maurice v The Queen [2011] VSCA 197
Case
[2011] VSCA 197
Decision Date

CaseChat Overview and Summary

The appellant was convicted of aggravated burglary, entering the bedroom of a sleeping child with the intention to commit an indecent assault, and the sexual penetration of a child under 16. The trial judge sentenced the appellant to a total effective sentence of 9 years, with a non-parole period of 7 years. The appellant appealed against the sentence, arguing it was manifestly excessive, the non-parole period was too great a proportion of the head sentence, and insufficient weight was given to the prospects of rehabilitation.

The court examined the principles governing sentencing for aggravated burglary and sexual offences against children. It considered the gravity of the offences, the appellant's criminal history, and the need for deterrence and denunciation. The court also evaluated whether the sentence was manifestly excessive and if the non-parole period was disproportionate. In reviewing the sentence, the court assessed the weight given to the prospects of rehabilitation and whether this was appropriately balanced with the other sentencing considerations.

The court found that the sentence was not manifestly excessive, and the non-parole period was not too great a proportion of the head sentence. The court determined that the trial judge had adequately considered the prospects of rehabilitation and appropriately balanced this with the other sentencing objectives. Consequently, the appeal was dismissed, and the original sentence was upheld.

ORDERS:
The appeal is dismissed. The original sentence remains in place.

Orders

Orders of the court

Appeal 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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