Mohinder Bajwa Singh v The Queen - [2022] VSCA 178

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2021 0052

MOHINDER BAJWA SINGH	Applicant
v
THE QUEEN	Respondent

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JUDGES:	EMERTON ACJ, KYROU and T FORREST JJA
WHERE HELD:	Melbourne
DATE OF HEARING:	25 July 2022
DATE OF JUDGMENT:	25 August 2022
MEDIUM NEUTRAL CITATION:	[2022] VSCA 178
JUDGMENT APPEALED FROM:	[2021] VSC 182 (Coghlan JA)

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CRIMINAL LAW – Appeal – Sentence – Culpable driving causing death (4 charges) – Trafficking in a drug of dependence (2 charges) – Possession of a drug of dependence – Related summary offences – Total effective sentence 22 years with 18 years and 6 months non-parole – Whether fresh or new evidence ought to lead to the sentencing discretion being reopened – Public policy relating to offenders who cooperate with the authorities – Appeal allowed – Applicant resentenced to 18 years and 6 months’ imprisonment with 14 years and 6 months non-parole.

Section 5(2AB) of the Sentencing Act 1991 referred to.

R v Nguyen [2006] VSCA 184, Allouch v The Queen (2018) 276 A Crim R 1, Cottee v The Queen [2010] VSCA 285, Mejia (a pseudonym) v The Queen [2020] VSCA 141 and R v O’Connor [1999] VSCA 55 considered.

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Counsel
Applicant:		Mr P Morrissey SC
Respondent:		Mr BF Kissane QC with Ms RL Harper
Solicitors
Applicant:	Pica Criminal Lawyers
Respondent:	Ms A Hogan, Solicitor for Public Prosecutions

EMERTON ACJ
KYROU JA
T FORREST JA:

On 22 April 2020, four Victoria Police members from two police vehicles were at the scene of a roadside intercept on the Eastern Freeway at Kew. As the driver of the intercepted Porsche stepped away from his car, a prime mover driven by the applicant collided with the Porsche, the two police vehicles, and the four police members, resulting in the deaths of all four officers.
On 11 March 2021, the applicant, now aged 49 years,[1] pleaded guilty to four charges of culpable driving causing death,[2] three charges of trafficking in a drug of dependence,[3] one charge of possession of a drug of dependence,[4] and two related summary offences of dealing with property suspected of being the proceeds of crime,[5] and possession of cartridge ammunition.[6]
[1]His date of birth is 10 October 1972.
[2]Crimes Act 1958, s 318(1).
[3]Drugs, Poisons and Controlled Substances Act 1981, s 71AC(1).
[4]Drugs, Poisons and Controlled Substances Act, s 73.
[5]Crimes Act, s 195.
[6]Firearms Act 1996, s 124(1).
Following a plea on 11 and 12 March 2021, the applicant was sentenced on 14 April 2021 as follows:

Charge

Offence

Max Penalty

Sentence

Cumulation

Indictment L10997780

1 Culpable driving causing death 20 years 12 years Base

2 Culpable driving causing death 20 years 12 years 3 years

3 Culpable driving causing death 20 years 12 years 3 years

4 Culpable driving causing death 20 years 12 years 3 years

5 Trafficking in a drug of dependence (Cannabis L) 15 years 6 months 3 months

6 Trafficking…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2022] VSCA 178
Decision Date: 25 August 2022

CaseChat Overview and Summary

Mohinder Bajwa Singh appealed against his conviction and sentence following his involvement in a high-speed collision that resulted in the death of four people. Singh was found guilty on multiple charges, including culpable driving causing death, drug trafficking, and possession of a drug of dependence. The Court of Appeal considered whether the trial judge had appropriately exercised his sentencing discretion, particularly in light of Singh's cooperation with authorities and the availability of fresh evidence. The central legal issues revolved around the appropriate application of sentencing principles and whether new evidence justified a reconsideration of the original sentence. The Court of Appeal held that the trial judge had erred in not adequately considering the mitigating factors, including Singh's cooperation with the authorities and the impact of the new evidence presented. The Court of Appeal determined that a reduction in the sentence was warranted and resentenced Singh to 18 years and 6 months’ imprisonment with a non-parole period of 14 years and 6 months. This decision emphasised the importance of properly weighing all relevant factors, including an offender's cooperation, in the sentencing process.

Orders