SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2017 0031
| SHANNON NOLAN | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | BEACH, FERGUSON and COGHLAN JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 25 August 2017 |
| DATE OF JUDGMENT: | 6 September 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 240 |
| JUDGMENT APPEALED FROM: | DPP v Nolan [2017] VCC 34 (Judge Coish) |
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CRIMINAL LAW – Sentence – Recklessly causing serious injury – False imprisonment – Making threat to kill – Serious offending by 23 year old against domestic partner in presence of children - Judge assessed prospects of rehabilitation as ‘cloudy’ - Total effective sentence of eight years’ imprisonment – Non-parole period of five years and six months – Whether principles related to youthful offenders should have been applied – Judge took all relevant sentencing factors into account and balanced appropriately – Sentence was not manifestly excessive – Azzopardi v The Queen (2011) 35 VR 43 – Sentencing Act 1991
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant For the Respondent | Mr M Reardon Mr B Kissane QC | Victoria Legal Aid Solicitor for Public Prosecutions |
THE COURT:
The applicant pleaded guilty to one charge of recklessly causing serious injury, one charge of false imprisonment and one charge of making a threat to kill. He was sentenced in the County Court on 2 February 2017[1] as follows:
[1]DPP v Nolan [2017] VCC 34 (‘Sentencing Reasons’).
Charge on
Indictment
Offence Maximum Sentence Cumulation 1 Recklessly Causing Serious Injury
[s 17 Crimes Act 1958]
15 years
[s 17 Crimes Act 1958]
6 years Base 2 False Imprisonment
[Common Law]
10 years
[s 320 Crimes Act 1958]
2 years 1 year 3 Making a Threat to Kill
[s 20 Crimes Act 1958]
10 years
[s 20 Crimes Act 1958]
2 years 1 year Total Effective Sentence 8 years Non-Parole Period: 5 years 6 months Pre-Sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991: 222 days 6AAA Statement: 10 years with a non-parole period of 7 years Other relevant orders: Forensic Sample Order pursuant to s.464ZF Crimes Act 1958;
Disposal Order.
The applicant was refused leave to appeal against sentence by a single judge of appeal[2] but renewed the application for leave pursuant to s 315(2) of the Criminal Procedure Act 2009.
Circumstances of the offending[3]
[2]Shannon Nolan v The Queen [2017] VSCA 97 (‘Appeal Reasons’).
[3]The circumstances of the offending are set out in Exhibit 1 – Summary of Prosecution Opening for a Plea. They are also set out in Sentencing Reasons [6]-[18] and Appeal Reasons [3]-[18].
At the time of the offending, the applicant resided at the Riverglen Caravan Park (‘the caravan park’) with his de facto partner of eight years (the victim) and their two young children. The applicant and the victim were both 23 years of age at the time of the offending, and their children were aged four and five.
At about midday on 24 June 2016, the applicant, the victim and…
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- AGLC
- Nolan v The Queen [2017] VSCA 240
- Case
- [2017] VSCA 240
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed was manifestly excessive or inappropriate, considering the offender's age and other relevant sentencing factors. The court was required to determine if the trial judge had appropriately balanced the circumstances of the offence and the offender's prospects of rehabilitation. The offender's counsel argued that the sentence was too harsh, while the prosecution maintained that the sentence was justified given the severity of the crimes committed.
In delivering the judgment, the court held that the trial judge had taken all relevant sentencing factors into account and balanced them appropriately. The court noted that the offender had a significant criminal history and that the judge had assessed his prospects of rehabilitation as 'cloudy'. The court found that the sentence was not manifestly excessive, as it had appropriately reflected the gravity of the offences and the need to protect the community. The court also referred to previous case law, including Azzopardi v The Queen, to support its reasoning. The appeal was dismissed.
The court's final orders confirmed the sentence imposed by the trial judge, upholding the total effective sentence of eight years' imprisonment with a non-parole period of five years and six months. The offender's appeal against the sentence was therefore dismissed. The decision underscores the importance of considering all relevant factors, including the offender's age, criminal history, and prospects of rehabilitation, when determining an appropriate sentence.
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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