SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 17 of 2005
| THE QUEEN |
| v. |
| JUSTIN JOHN DE GRUCHY |
---
JUDGES: | CHARLES and VINCENT, JJ.A. and MANDIE, A.J.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 9 February 2006 | |
DATE OF JUDGMENT: | 9 February 2006 | |
MEDIUM NEUTRAL CITATION: | ||
---
Criminal law – Sentence – Parity between co-offenders – Whether sentencing judge erred in finding that the appellant was the principal offender – Whether sentencing judge erred in finding that the appellant’s co-offenders were fearful or intimidated by him - Appeal dismissed.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mrs C.M. Quin | Mr S. Carisbrooke, Acting Solicitor for Public Prosecutions |
| For the Appellant | Mr T. Kassimatis | Victoria Legal Aid |
CHARLES, J.A.:
I will invite Vincent, J.A. to give the first judgment.
VINCENT, J.A.:
The appellant pleaded guilty in the County Court at Melbourne, on 10 September 2004, to one count of kidnapping (count 1), one count of assault (count 2), one count of causing injury intentionally (count 3) and three counts of indecent assault (counts 4, 5 and 6). After a plea in mitigation of penalty, he was, on 31 January 2005, convicted on each count and sentenced to the following terms of imprisonment:
On count 1 - five years;
On count 2 - three years;
On count 3 - 12 months;
On count 4 - 12 months;
On count 5 - 18 months;
On count 6 - 18 months.
The sentencing judge directed that one year and six months of the sentence imposed on count 2, six months of that imposed on count 3, six months of that imposed on count 4, one year of that imposed on count 5 and one year of that imposed on count 6, be served cumulatively upon each other and upon the sentence imposed on count 1. This created a total effective sentence of nine years and six months, in respect of which a non-parole period of seven years was fixed.
Having been granted leave to do so, the appellant now appeals against the individual sentences, the total effective sentence and the non-parole period fixed on the grounds that:
1. The learned judge erred in making findings that -
(a)the appellant was "far and away the principal offender in the commission of these crimes";
(b)"your [the appellant's] co-offenders were fearful of you and intimidated by you".
It is further alleged that the principle of parity of treatment of co-offenders was breached in the appellant's case. Two further grounds set out in the appellant's full statement of grounds were not pursued and need not be addressed.
The Background
The victim of the offences, M, was a 28-year-old prostitute who worked mainly in the St Kilda area. It was there that she met the appellant, who was a frequent visitor to the area. On a number of occasions he drove her to his residence in Tullamarine, where she would sometimes stay for a number of days. On one of these occasions the appellant gave her an…
Continue reading R v De Gruchy
Sign in free to access the full text
- AGLC
- R v De Gruchy [2006] VSCA 10
- Case
- [2006] VSCA 10
- Decision Date
CaseChat Overview and Summary
The court considered whether the sentencing judge had erred in finding that the appellant was the principal offender and that his co-offenders were fearful or intimidated by him. The court found that the sentencing judge had properly considered the roles of all the offenders and had not erred in finding that the appellant was the principal offender. The court further found that there was evidence to support the finding that the co-offenders were fearful or intimidated by the appellant. The court held that the sentencing judge had not erred in his findings and that the sentence imposed was appropriate.
The appeal was dismissed, and the sentence imposed by the sentencing judge was upheld. The court found that the sentencing judge had properly considered the roles of all the offenders and had not erred in finding that the appellant was the principal offender. The court further found that there was evidence to support the finding that the co-offenders were fearful or intimidated by the appellant. The court held that the sentence imposed was appropriate and that the appeal should be dismissed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.