SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 307 of 2004
| THE QUEEN |
| v. |
| RICHARD IVAN CROZIER |
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JUDGES: | CHARLES, VINCENT and ASHLEY, JJ.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 21 July 2005 | |
DATE OF JUDGMENT: | 21 July 2005 | |
MEDIUM NEUTRAL CITATION: | ||
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Criminal law – Sentence – Indecent act with a child under 16 years – Incest – Sexual penetration of a child under 16 years – Manifest excess – Nothing in sentencing judge’s remarks or other circumstances to explain unusually high non-parole period – R v. V.Z. (1998) 7 V.R. 693 – Sentencing discretion re-opened – Appeal allowed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr J.D. McArdle, Q.C. | Mr S. Carisbrooke, Acting Solicitor for Public Prosecutions |
| For the Appellant | Mr M.J. Croucher | Victoria Legal Aid |
CHARLES, J.A.:
I will call on Vincent, J.A. to give the first judgment.
VINCENT, J.A.:
The appellant, Richard Ivan Crozier, pleaded guilty in the County Court, at Melbourne, to four counts of the commission of an indecent act with a child under the age of 16 years (counts 1, 2, 7 and 8), two counts of incest (counts 3 and 4), seven counts of the sexual penetration of a child under the age of 16 years (counts 5, 6, 9, 10, 11, 12 and 13), two counts of being a non-prohibited person in possession of an unregistered firearm (counts 14 and 15) and two summary charges, namely, the possession of a firearm (Charge 20) and the possession of ammunition (Charge 21).
After hearing a plea in mitigation of penalty, the learned sentencing judge, on 4 November 2004, imposed the following sentences of imprisonment for these offences:
Count 1 - 6 months;
Count 2 - 9 months;
Count 3 - 4 years;
Count 4 - 5 years;
Count 5 - 3 years and 6 months;
Count 6 - 3 years;
Count 7 - 2 years;
Count 8 - 3 months;
Count 9 - 3 years;
Count 10 - 3 years and 6 months;
Count 11 - 4 years and 6 months;
Count 12 - 6 years;
Count 13 - 5 years;
Count 14 - 6 months;
Count 15 - 6 months; and
Charge 20 - 2 months.
Her Honour directed that one year of the sentence imposed on count 4 and 6 months of the sentence imposed on each of counts 5, 10, 11 and 13 be served cumulatively upon each other and upon the sentence imposed on count 12. This created a total effective sentence of 9 years' imprisonment, in respect of which she fixed a non-parole period of 7 years and 6 months. On the remaining summary charge (Charge 21) her Honour imposed a fine of $150. She directed that it be noted in the records of the court that the offences encompassed by counts 1, 2, 7 and 8 were Class 2 registrable offences under the Sexual Offenders Registration Act and that the offences encompassed by counts 3, 4, 5, 6, 9, 10, 11, 12 and 13…
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- AGLC
- R v Crozier [2005] VSCA 188
- Case
- [2005] VSCA 188
- Decision Date
CaseChat Overview and Summary
The court considered the principle established in R v. V.Z., which provided that if the sentence is so high that it cannot be understood, the appellate court should re-open the sentencing discretion. The court found that the sentencing judge's remarks did not provide a clear rationale for the unusually high non-parole period, and there were no other circumstances to explain it. The severity of the crimes was undeniable, but the court was required to ensure that the sentence was proportionate and justifiable. Given the lack of explanation from the sentencing judge and the absence of any other factors that might have justified the high non-parole period, the court concluded that the sentence was manifestly excessive.
Consequently, the court re-opened the sentencing discretion and allowed the appeal. The appellate court recognised that the crimes were serious and warranted a significant sentence, but it needed to be one that was both proportionate and justifiable. The high non-parole period could not be understood or explained by the trial judge's remarks or any other circumstances, leading to the conclusion that it was manifestly excessive. The appeal was allowed, and the sentencing discretion was re-opened to ensure a more appropriate and justifiable sentence.
The final orders of the court were to allow the appeal and re-open the sentencing discretion. The court did not impose a new sentence but instead directed that the sentencing judge should re-consider the appropriate term of imprisonment, ensuring it was both proportionate to the gravity of the offences and justifiable under the law. This decision underscored the importance of transparency and proportionality in sentencing, particularly in cases involving serious sexual offences against children.
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