R v Lennon - [2001] VSCA 233

SUPREME COURT OF VICTORIA

COURT OF APPEAL

No. 28 of 2001

THE QUEEN
	v.
NORMAN DAVID LENNON

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JUDGES:	WINNEKE, P. and BROOKING and BUCHANAN, JJ.A.
WHERE HELD:	MELBOURNE
DATE OF HEARING:	6 December 2001
DATE OF JUDGMENT:	6 December 2001
MEDIUM NEUTRAL CITATION:	[2001] VSCA 233

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Criminal law - Sentence - Offer to plead guilty to the offence of which the appellant was convicted - Whether offer entails a discount - Sentence not manifestly excessive.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr J.D. McArdle, Q.C.	Ms K. Robertson, Solicitor for Public Prosecutions
For the Appellant	Mr P.J. Morrissey	Haines & Polites

WINNEKE, P.:

I will invite Buchanan, J.A. to give the first judgment in this application.

BUCHANAN, J.A.:

On 20 November 2000 the appellant was arraigned in the Supreme Court and pleaded not guilty to a charge of murder. After a trial the jury returned a verdict of not guilty on the murder count but found the appellant guilty of manslaughter. After hearing a plea in mitigation the judge sentenced the appellant to be imprisoned for a term of 10 years and fixed a period of eight years' imprisonment before the appellant was to be eligible for parole. The appellant seeks to appeal against the sentence on the following grounds. They are:

"1.His Honour erred in failing to have regard to the following matters:
(a)the evident remorse of the appellant;
(b)the payment of compensation by the appellant;
(c)the early offer of a plea of guilty to the proved offence by the appellant;
(d)the matters suggesting some prospect for the appellant's rehabilitation.

2.His Honour erred in finding the proved offence to be 'a very serious example in the circumstances of the crime of manslaughter'.
3.The sentence was manifestly excessive."

The offence took place in the early hours of 5 September 1999. The deceased celebrated his 21st birthday at a party at the RSL premises in Footscray. When the party ended at midnight the deceased and a number of others went to a house in Gordon Street, Footscray. After a few hours the deceased left the premises with his girlfriend, and while they were waiting for a taxi the deceased and his girlfriend began to argue, yelling, slapping and pushing each other. The deceased's girlfriend

and another girl walked to a service station at the corner of Eleanor and Barkly Streets to buy cigarettes. They were accompanied by the deceased. The argument broke out again. The deceased's girlfriend and the other girl entered the service station while the deceased walked off down Barkly Street.

On the way to the service station the two women and the deceased passed the house where the appellant lived. The appellant, who had earlier consumed Valium, alcohol and heroin, said that he could hear yelling and screaming in the street and went outside to investigate. He saw a male, whom he described as "big, had no shirt on, he was abusive", approaching two females. According to the appellant's evidence he thought that the girls…

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 Lennon

Details

AGLC: R v Lennon [2001] VSCA 233
Case: [2001] VSCA 233
Decision Date: 6 December 2001

CaseChat Overview and Summary

The case before the court involved an appeal against sentence by the appellant, Lennon, who was convicted of a criminal offence. Lennon challenged the sentence imposed by the lower court, arguing that it was manifestly excessive. The central issue for the court to decide was whether the sentence imposed was appropriate, given that Lennon had made an offer to plead guilty to the offence. This raised the question of whether such an offer could be considered as entailing a discount on the potential sentence.

The court was tasked with examining the circumstances surrounding the offer and determining its impact on the sentencing process. It needed to assess whether the offer by Lennon to plead guilty could reasonably be interpreted as a factor that might warrant a reduction in the sentence. The court also had to consider the overall severity of the sentence in light of the principles of sentencing and whether it could be deemed manifestly excessive. The appeal hinged on these critical assessments, which required a careful and detailed examination of the evidence and legal principles involved.

In delivering its decision, the court found that the offer made by Lennon did not necessarily entail a discount on the sentence. The court reasoned that the offer to plead guilty did not guarantee a reduced sentence and that the trial judge had appropriately considered all relevant factors in determining the sentence. The court concluded that the sentence imposed was not manifestly excessive and therefore dismissed the appeal. The reasoning was based on a comprehensive analysis of the evidence and the applicable legal standards, affirming the lower court's decision.

The final orders of the court were that the appeal against sentence was dismissed, and the original sentence imposed by the lower court was upheld. The court's decision underscored the importance of considering all relevant factors in sentencing, including the nature of the offence, the circumstances of the offender, and the impact of any offers made during the proceedings.

Orders