| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0206 |
| MARVIN NJOVU | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGE: | TAYLOR JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | Determined on the papers |
| DATE OF JUDGMENT: | 28 April 2025 |
| MEDIUM NEUTRAL CITATION: | [2025] VSCA 85 |
| JUDGMENT APPEALED FROM: | [2024] VCC 1574 (Judge Maidment) |
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APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY A SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009
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CRIMINAL LAW – Appeal – Sentence – Criminal damage, intentionally cause injury, attempt to pervert the course of justice and persistent contravention of a family violence safety notice – All offending occurred within the context of family violence – Whether term of imprisonment with non-parole period manifestly excessive – Whether time served with Community Correction Order the only available sentencing option open – Leave to appeal refused.
Boulton v The Queen (2014) 46 VR 308; DPP v Reynolds (a pseudonym) (2022) 71 VR 366, referred to.
Skeates (a Pseudonym) v The King [2023] VSCA 226, applied.
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| Counsel on the papers | |||
| Applicant: | Mr E Daniel (solicitor) | ||
| Respondent: | Ms A French | ||
Solicitors | |||
| Applicant: | Daniel Legal Group | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
TAYLOR JA:
On 2 May 2024 the applicant pleaded guilty to charges of criminal damage, intentionally cause injury, attempt to pervert the course of justice and persistent contravention of family violence safety notice. On 21 August 2024 the applicant pleaded guilty to the summary offence of unlawful assault. On 8 October 2024 the applicant was sentenced in relation to all charges as follows:
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| 1 | Criminal damage (intent damage/destroy)[1] | 10 years | 2 months | Concurrent |
| 2 | Intentionally causing injury[2] | 10 years | 15 months | 5 months |
| 3 | Attempt to pervert the course of justice[3] | 25 years | 2 years | Base |
| 4 | Persistent contravention of family violence safety notice[4] | 5 years or 600 penalty units | 14 months | 4 months |
| Related Summary Offences | ||||
| 1 | Unlawful assault[5] | 15 penalty units or 3 months | 1 month | Concurrent |
| Total Effective Sentence: | 2 years 9 months | |||
| Non-Parole Period: | 1 year 10 months | |||
| Pre-sentence Detention Declared: | 154 days | |||
| Section 6AAA Statement: | Total Effective Sentence 3 years 10 months Non Parole-Period 2 years 7 months | |||
[1]Contrary to s 197(1) of the Crimes Act 1958.
[2]Contrary to s 18 of the Crimes Act 1958.
[3]Contrary to Common Law.
[4]Contrary to s 125A(1) of the Family Violence Protection Act 2008.
[5]Contrary to Common Law.
The applicant now seeks leave to appeal against his sentence.
The proposed ground of appeal against sentence is:
The individual sentences for charges 2, 3 and 4, the total effective sentence, the non-parole period imposed, and the orders for cumulation are manifestly excessive and offend the principle of parsimony in view of:
(a) the appellant's (sic) lack of alleged prior criminal history,
(b)the appellant's (sic) remorse which is reflected in the plea of guilty at the earliest opportunity and his reported active participation in the Men's Behaviour…
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- Njovu v The King [2025] VSCA 85
- Case
- [2025] VSCA 85
- Decision Date
CaseChat Overview and Summary
The court considered the nature and circumstances of the offences, the applicant's criminal history, and the need to balance the interests of justice with the principles of deterrence and denunciation. It was noted that the applicant had a history of domestic violence, which had escalated to the point where the safety of others was threatened. The court emphasised the seriousness of the offences, particularly the persistent contravention of a family violence safety notice, which demonstrated a blatant disregard for the law and the safety of others. The court concluded that the sentence imposed was appropriate given the severity of the offending and the need to protect the community.
In dismissing the application for leave to appeal, the court found that the sentence was not manifestly excessive and that other sentencing options, such as imprisonment with a non-parole period, were suitable given the circumstances. The court held that the term of imprisonment with a non-parole period was justified by the gravity of the offences and the need to deter the applicant and others from engaging in similar conduct. Consequently, the application for leave to appeal was refused.
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