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R v Heaney

R v Heaney

Case [2009] VSCA 74 17 April 2009

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SUPREME COURT OF VICTORIA

COURT OF APPEAL

No 546 of 2007

THE QUEEN
	v
DANIEL HEANEY

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JUDGES:	ASHLEY, REDLICH and KELLAM JJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	9 February 2009
DATE OF JUDGMENT:	17 April 2009
MEDIUM NEUTRAL CITATION:	[2009] VSCA 74

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CRIMINAL LAW – Conviction – Causing serious injury intentionally – Victim stabbed twice – Whether verdict bad for latent duplicity – Whether judge’s directions productive of uncertainty – Whether real prospect that verdict was not unanimous in respect of at least one stabbing – Jury verdict not disclosing whether one or both stabbings established offence – Whether relevant – Application refused.

CRIMINAL LAW – Sentence – Whether sentence of nine years’ imprisonment with non-parole period of six years’ imprisonment manifestly excessive - Very serious example of serious offence – Absence of remorse – Importance of general and specific deterrence, denunciation and protection of community – Matters in mitigation – Self-inflicted injury a form of punishment – Some evidence of rehabilitation – Application refused.
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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr C J Ryan SC	Mr Craig Hyland, Solicitor for Public Prosecutions
For the Applicant	Mr D A Dann	Clarebrough Pica

ASHLEY JA:

On 3 August 2006 a jury in the Supreme Court found Daniel Heaney not guilty of attempted murder but guilty of causing serious injury intentionally.[1] He was sentenced to be imprisoned for nine years, with a non-parole period of six years’ imprisonment. Now he seeks leave to appeal against both conviction and sentence.
[1]Crimes Act 1958 (Vic) s 16, maximum penalty 20 years’ imprisonment.

The conviction application

The grounds upon which the applicant relies are these:

GROUND 1:The guilty verdict of the jury was unsafe and unsatisfactory in that the verdict was bad for latent duplicity and/or uncertainty.
GROUND 2:The trial of the applicant miscarried as a result of the Learned Prosecutor’s reliance upon alleged discrepancies between the Applicant’s evidence and matters that he had put by his Counsel.

Circumstances of the offending

The incident which gave rise to the counts on the presentment occurred on 6 October 2004. It was scarcely in dispute that, however it occurred, the applicant, then a man aged 47, twice stabbed Laura Muntz, then a woman of nearly 50 years. The applicant and Ms Muntz had been in a domestic relationship of sorts. The wounds were to the victim’s chest and abdomen and were inflicted with two different knives.

The applicant was presented on a count of attempted murder. There were two alternative counts. The first was the count upon which the applicant was convicted. The second was a count of recklessly causing serious injury.

It was not in substance in issue at trial, although it remained for the Crown to prove it, that each of the stab wounds had inflicted serious injury. As the trial was fought, the key issue was whether the Crown had proved that one stabbing at least was a conscious and voluntary act done with relevant intent.
The evidence of…

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 Heaney

Details

AGLC: R v Heaney [2009] VSCA 74
Case: [2009] VSCA 74
Decision Date: 17 April 2009

CaseChat Overview and Summary

The case of R v Heaney was brought before the court involving the defendant, Heaney, who was convicted for causing serious injury intentionally through stabbing the victim twice. The matter was heard in the relevant Australian court, which was tasked with examining the validity of the conviction and the appropriateness of the sentence. The court had to address whether the verdict was tainted by latent duplicity, meaning whether there was a real prospect that the jury's verdict was not unanimous regarding at least one of the stabbings. Additionally, the court considered whether the judge's directions to the jury were productive of uncertainty and whether the verdict did not sufficiently disclose whether one or both stabbings constituted the offence.

The legal issues before the court centred on the nature of the jury's verdict and the sentence imposed. The court was required to determine whether the verdict was flawed due to latent duplicity, which would necessitate a retrial. The court also examined whether the jury's verdict was unclear in establishing whether one or both stabbings were the basis for the offence. Furthermore, the court assessed the sentence of nine years' imprisonment with a non-parole period of six years, considering whether it was manifestly excessive. Factors such as the seriousness of the offence, absence of remorse, and the importance of deterrence and community protection were considered alongside mitigating factors like self-inflicted injury and evidence of rehabilitation.

In its reasoning, the court found that the jury's verdict was not afflicted by latent duplicity. The court concluded that the jury's verdict was sufficiently clear in establishing that the offence was committed through one or both stabbings, thus negating the need for retrial. Regarding the sentence, the court held that it was not manifestly excessive. The court emphasised the gravity of the offence, the absence of remorse, and the need for general and specific deterrence, along with community protection. Although there were some mitigating factors, they were not sufficient to warrant a reduction in the sentence. Consequently, the application was refused in both respects.

The court's final orders maintained the conviction and sentence as imposed by the lower court. The court confirmed that the jury's verdict was valid, and the sentence was appropriate given the circumstances of the case. The defendant's appeal was dismissed, and the original sentence was upheld.

Orders