R v Detenamo

Case [2007] VSCA 160


SUPREME COURT OF VICTORIA

COURT OF APPEAL

No 54 of 2006

THE QUEEN

v

QUINCY DETENAMO

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JUDGES:

WARREN CJ, MAXWELL P and REDLICH JA

WHERE HELD:

MELBOURNE

DATE OF HEARING:

15 March 2007

DATE OF JUDGMENT:

23 August 2007

MEDIUM NEUTRAL CITATION:

[2007] VSCA 160

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Criminal Law – Sentencing – Manslaughter by an unlawful and dangerous act – Sentence of 9 years’ imprisonment with a non-parole period of 7 years – Manifest excess  - Whether appellant sentenced on incorrect factual basis – Non-parole period – Whether non-parole period imposed adequately explained in reasons for sentence - Where mitigating factors called for lower non-parole period  - Head sentence affirmed, non-parole period reduced to 6 years

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APPEARANCES: Counsel Solicitors
For the Crown Mr J D McArdle QC

Ms A Cannon
Solicitor for Public Prosecutions

For the Appellant Mr J Dickinson with
Mr J Lavery
Brugman Mellas

WARREN CJ:

  1. For the reasons stated by Redlich JA I would allow the appeal and re-sentence the appellant as proposed by his Honour.  In re-sentencing the appellant I consider a minimum period of six years’ imprisonment to sit appropriately within the guiding principles relevant to this matter as set out in the authorities considered by Redlich JA in his reasons, namely, consistency, proportionality, rehabilitation, community interest and mitigation. 

MAXWELL P:

  1. I agree with Redlich JA and would resentence the appellant as his Honour proposes.

REDLICH JA:

  1. The appellant, who was presented on one count of murder, was found guilty by a jury of manslaughter by an unlawful and dangerous act and was sentenced to 9 years’ imprisonment with a non-parole period of 7 years.  The circumstances surrounding the offence were summarised by the learned sentencing judge as follows:

“[the victim] was a sex worker whom you had picked up in the St Kilda area sometime after 5.45 am on Saturday 17 July 2004.  She had taken you to a lane in Elwood where you had sexual intercourse.  A struggle broke out between you when she asked you to hurry and, ultimately, to stop.  You were not prepared to stop and she attempted to push you away using her hands and legs.  She hit an area of your face where you were bleeding from an injury sustained earlier that evening.  You struck her face.  She began to scream.  A rear window of the car was broken in the course of the struggle.  You told Ms Ilardi not to scream and kept striking her in order to make her stop.  You put your face near hers and bit her on the lip in a further attempt to stop her screaming.  She was later found to have a laceration consistent with a bite mark almost through the full thickness of her lower lip.  She continued screaming and you applied pressure to her neck for three to four seconds with both hands.  When you released her neck, she started to scream again and you pressed on her neck again, this time for five to six seconds.  You…

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R v Detenamo [2007] VSCA 160
Case
[2007] VSCA 160
Decision Date

CaseChat Overview and Summary

The appellant in this case was convicted of manslaughter by an unlawful and dangerous act. He appealed against both the sentence of 9 years’ imprisonment and the non-parole period of 7 years. The appeal was heard by the High Court of Australia. The appellant argued that the sentence was manifestly excessive, and that the trial judge had sentenced him on an incorrect factual basis. Additionally, he contended that the non-parole period was not adequately explained in the reasons for the sentence, and that the trial judge should have imposed a lower non-parole period given the mitigating factors.

The High Court considered whether the sentence was manifestly excessive and whether it was based on an incorrect factual premise. The Court found that although the sentence was severe, it was not manifestly excessive. The Court also examined whether the non-parole period was adequately explained and whether it should have been lower in light of the mitigating factors. The Court held that while the trial judge had taken into account some mitigating factors, the non-parole period was too high given the overall circumstances. The Court therefore reduced the non-parole period to 6 years.

The High Court affirmed the head sentence of 9 years’ imprisonment but reduced the non-parole period to 6 years. The Court found that the sentence, while severe, was not manifestly excessive. However, the non-parole period was not adequately explained and should have been lower given the mitigating factors. The Court's decision highlights the importance of clearly explaining the reasons for the non-parole period in sentencing and the need to consider all relevant mitigating factors.

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

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Ratio Decidendi

Legal Principle Established

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