SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0160
| SIMON MIDDLETON | Applicant |
| v | |
| THE QUEEN | Respondent |
– AND –
S APCR 2017 0161
| SHANE MIDDLETON | Applicant |
| v | |
| THE QUEEN | Respondent |
– AND –
S APCR 2017 0163
| ANGELO ANAGNOSTOU | Applicant |
| v | |
| THE QUEEN | Respondent |
– AND –
S APCR 2017 0243
| RENEE COMEADOW | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | WEINBERG and COGHLAN JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 17 January 2018 |
| DATE OF JUDGMENT: | 15 February 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 23 |
| JUDGMENT APPEALED FROM: | DPP v Middleton (Unreported, County Court of Victoria, Judge Stuart, 28 June 2017) DPP v Anagnostou (Unreported, County Court of Victoria, Judge Stuart, 29 June 2017) |
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CRIMINAL LAW – Appeal – Sentence – Four offenders charged with attempting to pervert the course of justice – One applicant also charged with armed robbery – Applicants together attempted to persuade prosecution witness to resile from statement made to police – Statement identified first applicant as perpetrator of armed robbery – First applicant already serving lengthy sentence of imprisonment for unrelated offending – Fixing of new single non-parole period – New non-parole period imposed below excessive – Sentences for two of remaining three offenders also excessive – Appeals allowed – Sentences reduced.
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| APPEARANCES: | Counsel | Solicitors |
| For the applicant Simon Middleton | Mr S Bayles | Pica Criminal Lawyers |
| For the applicant Shane Middleton | Mr M Thomas | Paul Vale Criminal Law |
| For the applicant Angelo Anagnostou | Mr A J Patton | Valos Black & Associates |
| For the applicant Renee Comeadow | Mr P J Smallwood | Theo Magazis & Associates |
| For the Crown | Mr C B Boyce SC | Mr J Cain, Solicitor for Public Prosecutions |
WEINBERG JA
COGHLAN JA:
Introduction
On 17 November 2016, Shane Middleton was sentenced by his Honour Judge Stuart, in the County Court at Melbourne as follows (‘the 2016 sentence’):
Charge on Indictment Offence Maximum Sentence Cumulation 1. Traffick in a commercial quantity of a drug of dependence (MDMA)
[s 71AA Drugs, Poisons and Controlled Substances Act 1981]25 years 3 years’
imprisonmentBase 2 Store firearm in an unsecure manner whilst unlicensed
[s 129A Firearms Act 1966]4 years 1 month imprisonment - 3 Possession of a drug of dependence (Cannabis) 5 penalty units Dismissed - 4 Possession of an unregistered handgun [s 7B(1) Firearms Act 1966] 7 years 18 months’ imprisonment 8 months 5 Handle stolen goods
[s 88 Crimes Act 1958]15 years 2 years and 6 months’ imprisonment 1 year 6 Recklessly deal with the proceeds of Crime 10 years 1 year imprisonment 3 months Related Summary Offence Commit indictable offence whilst on bail 3 months 1 month
imprisonment1 month Total Effective Sentence: 5 years’ imprisonment Non-Parole period: 3 years Pre-sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991: 211 days 6AAA Statement: 7 years’ imprisonment with a non-parole period of 5 years
The 2016 sentence is not the subject of the proceedings before this Court. That sentence is, however, an integral…
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- AGLC
- Middleton v The Queen [2018] VSCA 23
- Case
- [2018] VSCA 23
- Decision Date
CaseChat Overview and Summary
The legal issues at hand centred around the appropriate sentence for each of the four applicants. Specifically, the court needed to consider whether the new non-parole period set for the first applicant, who was already serving a lengthy sentence, was excessive. Furthermore, the court had to determine if the sentences for two of the remaining three applicants were also excessive. The applicants argued that their respective sentences were disproportionately high given their roles and the circumstances of the case.
The court acknowledged that the sentences for the first and two of the remaining applicants were excessive. The court recognised the importance of ensuring that the sentences were proportionate to the offending and the role each applicant played. Consequently, the appeals were allowed, and the sentences for these three applicants were reduced. The court set new, more appropriate non-parole periods that better reflected the nature and circumstances of their offending. The sentence for the fourth applicant, who was not found to have an excessive sentence, remained unchanged.
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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