SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2009 0680
| AMBER CLAIRE NANCARROW | |
| Appellant | |
| v | |
| THE QUEEN | Respondent |
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JUDGE: | NETTLE and HANSEN JJA and ROSS AJA |
WHERE HELD: | MELBOURNE |
DATE OF HEARING: | 9 November 2010 |
DATE OF JUDGMENT: | 9 November 2010 |
MEDIUM NEUTRAL CITATION: | [2010] VSCA 300 |
JUDGMENT APPEALED FROM: | R v Nancarrow (Unreported, County Court of Victoria, Judge Gullaci, 15 June 2009) |
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CRIMINAL LAW – Sentencing – Guilty plea – Attempted armed robbery – Armed robbery while on bail for attempted armed robbery – Young offender – Drug addiction – Prior convictions – Judge found rehabilitation prospects limited – No error in treatment of youth and rehabilitation prospects – Total effective sentence of three years eight months’ imprisonment with non-parole period of two years and two months not manifestly excessive.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr R F Edney | Matthew White & Associates |
| For the Crown | Mr D A Trapnell SC | Mr C Hyland, Solicitor for Public Prosecutions |
NETTLE JA:
I invite Justice Hansen to deliver the first judgment.
HANSEN JA:
Amber Claire Nancarrow (‘the appellant’) pleaded guilty in the County Court to one count of attempted armed robbery (count 1) and one count of armed robbery (count 2). The maximum penalties for these offences were 20 and 25 years’ imprisonment respectively. The attempted armed robbery occurred on 1 August 2008; the appellant was arrested that day and released on bail. Then, in October 2008, while still on bail, she committed the armed robbery. Section 16(3C) of the Sentencing Act 1991 thus required that unless the court otherwise directed, any sentence of imprisonment for the second offence be served cumulatively on any sentence of imprisonment for the first offence.
The appellant was aged 19 at the time of the offences and 20 at the time of sentence, however she had numerous prior convictions to which I refer below.
Following a plea in mitigation, on 15 June 2009 a judge in the County Court sentenced the appellant to 18 months’ imprisonment on count 1 and 32 months’ imprisonment on count 2, with 12 months of the sentence imposed on count 1 to be served cumulatively on the sentence imposed on count 2, producing a total effective sentence of three years and eight months, with a non-parole period of two years and two months. The judge stated that if she had not pleaded guilty, he would have imposed a total effective sentence of four years and ten months with a non-parole period of three years and four months. The judge further ordered that the sentence be served concurrently with a sentence of four months[1] the appellant was serving at the time of sentence, and declared that she had served 53 days of pre-sentence detention.
[1]This sentence, imposed by the Magistrates’ Court on 3 March 2009 in respect of a series of offences (including assault, theft of a car, and unlicensed driving) committed between January and September 2008, expired on 3…
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- AGLC
- Nancarrow v The Queen [2010] VSCA 300
- Case
- [2010] VSCA 300
- Decision Date
CaseChat Overview and Summary
The court considered whether the trial judge had given appropriate weight to the mitigating factors of Nancarrow's youth, drug addiction, and prospects for rehabilitation. The court found that the trial judge had correctly assessed these factors and had appropriately balanced them against the seriousness of the offences. The court further noted that the total effective sentence of three years and eight months' imprisonment, with a non-parole period of two years and two months, was not manifestly excessive. The court held that the trial judge had exercised their discretion correctly and had not erred in the treatment of the youth and rehabilitation prospects.
The appeal was dismissed, and the original sentence was upheld. The court found that the sentence imposed by the trial judge was appropriate and not manifestly excessive, taking into account all relevant factors. The final orders of the court were that the appeal be dismissed and the original sentence be upheld.
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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