R v Evans - [2019] VSC 606

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2018 0311

THE QUEEN
v
CHARLES McKENZIE ROSS EVANS	Accused

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JUDGE:	TAYLOR J
WHERE HELD:	Melbourne
DATE OF HEARING:	22 August 2019
DATE OF SENTENCE:	10 September 2019
CASE MAY BE CITED AS:	R v Evans
MEDIUM NEUTRAL CITATION:	[2019] VSC 606

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CRIMINAL LAW – Sentence – Dangerous driving causing death – Failing to render assistance after a motor vehicle accident – Plea of Guilty – Remorse – Good prospects for rehabilitation – General Deterrence – Total Effective Sentence of four years’ imprisonment with non-parole period of two years and six months.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr N Hutton	John Cain, Solicitor to the OPP
For the Accused	Mr P Morrissey SC	Valos Black

HER HONOUR:

Charles Evans, you have pleaded guilty to one count of dangerous driving causing death and one count of failing to render assistance after a motor vehicle accident.

Both charges relate to the incident on 28 December 2017 in which Alicia Little lost her life.

The maximum penalty for each offence is 10 years’ imprisonment.

Background

You had been Ms Little’s partner since 2013. By 2017, you were living together in a rented property in Kyneton. Your four year relationship had been marked by episodes of family violence. Both you and Ms Little had, on various occasions, contacted police alleging assault by the other. You had, at least once, separated. But, you had reconciled and, two weeks prior to her death, you had asked for her hand in marriage.

But at Christmas 2017, your relationship deteriorated. Your arguing led Ms Little to occupy the spare bedroom of your Kyneton house.

On Boxing Day 2017 Ms Little had decided to end the relationship. She posted on Facebook ‘I’m over it’, and she told both her mother and her brother that she was going to leave. On 27 December 2017 Ms Little told her mother by telephone that she was packing and that you were verbally abusing her. You could be heard in the background speaking abuse to Ms Little. At one point, Ms Little told her mother that she had to go, and hung up the telephone.

On 28 December 2017, the day she died, Ms Little spoke to her mother twice by telephone. During the first call she said that she was okay and was packing. During the second call, at 2.53 pm, she told her mother that she was in the kitchen. You could be heard in the background, yelling. Ms Little said ‘shut up I’m talking to my mum’. You said in the background words to the effect of ‘bring your brother, bring your uncles. I don’t care. I’m a fucking Evans and I’ll go through the lot of them’.

A little over 30 minutes later, at 3.29pm, Ms Little sent her mother a text message which read ‘in the next 24 hours there is going to be drama. I’m putting the truck and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Evans

Details

AGLC: R v Evans [2019] VSC 606
Case: [2019] VSC 606
Decision Date: 10 September 2019

CaseChat Overview and Summary

The defendant, Evans, was convicted of dangerous driving causing death and failing to render assistance after a motor vehicle accident. The case was heard in the Supreme Court of Victoria. Evans pleaded guilty to the charges and was sentenced to a total effective sentence of four years' imprisonment, with a non-parole period of two years and six months. The primary legal issues before the court were the appropriate sentence for dangerous driving causing death and the mitigating factors that should be taken into account.

The court considered several factors in determining the appropriate sentence. These included the severity of the offence, the need for general deterrence, the defendant's remorse, and his prospects for rehabilitation. The court found that Evans' driving was highly dangerous and that his failure to render assistance after the accident compounded the gravity of his offence. However, the court also took into account Evans' guilty plea, his expression of remorse, and the positive prospects for his rehabilitation. The court held that these mitigating factors warranted a reduction in the sentence that would otherwise be appropriate for such an offence.

After weighing all the relevant factors, the court determined that a total effective sentence of four years' imprisonment, with a non-parole period of two years and six months, was appropriate. This sentence reflected the seriousness of Evans' offending while also taking into account the mitigating factors present in his case. The court emphasised the importance of general deterrence in sentencing and the need to send a clear message that dangerous driving will be punished severely. However, the court also recognised that Evans' remorse and prospects for rehabilitation warranted some leniency in his sentence. The final orders of the court were that Evans be imprisoned for a total effective period of four years, with a non-parole period of two years and six months.

Orders