SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2019 0132
| STEVEN NELSON | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | HARGRAVE and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 25 August 2020 |
| DATE OF JUDGMENT: | 2 September 2020 |
| MEDIUM NEUTRAL CITATION | [2020] VSCA 219 |
| JUDGMENT APPEALED FROM: | [2019] VCC 392 (Judge McInerney) |
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CRIMINAL LAW – Appeal – Sentence – Sentencing considerations – Manifest excess – Exercise of sentencing discretion – Principle of totality – Principle of proportionality – Impact of prior criminal history on sentencing – Prior convictions and purpose of protection of the community – Prior convictions and purpose of deterrence; Veen v The Queen [No 2] (1988) 164 CLR 465, Clarkson v The Queen (2011) 32 VR 361, Dinsdale v The Queen (2000) 202 CLR 321 considered, Crimes Act 1958 ss 317AE, 317AF, Criminal Procedure Act 2009 s 280.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr M Page | May Monagle Lawyers |
| For the Respondent | Mr P Bourke | Mr A Castle, Solicitor for Public Prosecutions |
HARGRAVE JA
T FORREST JA:
On 27 February 2019 the appellant pleaded guilty to the charges set out in the table below. On 13 March 2019 he was sentenced by a judge of the County Court as follows:
Charge No
Offence
Maximum Penalty
Sentence
Cumulation
1 Theft
(s 74 Crimes Act 1958)
10 years 2 years 6 months 2
Aggravated Reckless Exposure of Emergency Workers to Risk by Driving
(s 317AF(1)(b) Crimes Act 1958)
10 years
3 years
Base sentence
3
Conduct endangering persons
(s 23 Crimes Act 1958)
5 years
2 years
1 year
4
Handling Stolen Goods
(s 88(1) Crimes Act 1958)
15 years
2 years
6 months
12
Unlicensed Driving
(s 18(1)(a) Road Safety Act 1958)
60 PU or
6 months
2 months
1 month
13
Unlicensed Driving
(s 18(1)(a) Road Safety Act 1958)
60 PU or
6 months
2 months
1 month
15
Commit an Indictable Offence while on Bail
(s 30B Bail Act 1977)
30 PU or
3 months
2 months
1 month
16
Unlicensed Driving
(s 18(1)(a) Road Safety Act 1958)
60 PU or
6 months
2 months
1 month
17
Resist Emergency Workers on Duty
(s 51(2) Summary Offences Act 1966)
60 PU or
6 months
2 months
21
Fraudulent Alteration of a Number Plate
(s 72(1A) Road Safety Act 1958)
60 PU or
6 months
2 months
22
Possess Controlled Weapon
(s 6(1) Control of Weapons Act 1990)
120 PU or
12 months
9 months
3 months
24
Commit an Indictable Offence while on Bail
(s 30B Bail Act 1977)
30 PU or
3 months
2 months
1 month
27
Driving a motor vehicle when directed to stop
(s 64A Road Safety Act 1958)
12 PU or
12 months (Subsequent Offence)
3 months
28 & 31
Driving an unregistered motor vehicle
(s 7(1)(a) Road Safety Act 1958)
50 PU
(Subsequent Offence)
Convicted and fined $1,611.90
Total…
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- AGLC
- Nelson v The Queen [2020] VSCA 219
- Case
- [2020] VSCA 219
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to consider the relevant legal principles and statutes governing sentencing, including the principle of totality, the principle of proportionality, and the impact of prior criminal history on sentencing. The Court needed to determine whether the sentence imposed was manifestly excessive, taking into account the appellant's age, criminal history, and the purposes of sentencing, including protection of the community and deterrence. The Court also needed to consider relevant precedents, including Veen v The Queen [No 2], Clarkson v The Queen, and Dinsdale v The Queen.
The Court of Appeal found that the sentence imposed was not manifestly excessive. The Court noted that the appellant had a lengthy criminal history and that the offence for which he was sentenced was serious. The Court found that the sentence was proportionate to the seriousness of the offence and that it took into account the appellant's criminal history and age. The Court also found that the sentence was necessary to protect the community and to deter the appellant and others from committing similar offences. The Court rejected the appellant's argument that his age and criminal history should have been given greater weight in determining the sentence.
The Court of Appeal dismissed the appeal and affirmed the sentence imposed by the trial court. The Court found that the sentence was appropriate and that there was no manifest excess in the sentence imposed. The Court noted that the appellant's criminal history was a relevant consideration in determining the sentence, but that it was not the only consideration. The Court found that the sentence imposed was proportionate to the seriousness of the offence and that it achieved the purposes of sentencing, including protection of the community and deterrence.
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