| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2022 0212
| Between: | |
| THE KING | |
| -and- | |
| MA | Accused |
---
JUDGE: | Croucher J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 2 October 2023 |
DATE OF SENTENCE: | 19 October 2023 |
CASE MAY BE CITED AS: | R v MA |
MEDIUM NEUTRAL CITATION: | [2023] VSC 613 |
---
CRIMINAL LAW — Sentence following trial — Manslaughter — By unlawful and dangerous act — MA (aged 17) approached AC (aged 41) at train station in wee hours, concealing large knife — MA jabbed at AC with knife, without intending to stab him, but blade entered chest accidentally — Blade penetrated ten centimetres, causing internal injuries — AC fled to friend’s residence nearby, but bled to death in driveway — Whole incident, except moment of stabbing, captured on CCTV — MA originally charged with common law murder on basis of alleged intention to cause really serious injury (not death) — DPP rejected MA’s early offer to plead guilty to manslaughter — Prior to trial, MA failed to renew plea offer, despite awareness DPP would have accepted then — At trial, judge ruled no case to answer on murder, entered acquittal on that charge, and left manslaughter to jury — MA put prosecution to proof on identity, but accepted perpetrator committed manslaughter — Jury returned verdict of guilty of manslaughter — Offence serious, but less so than many other manslaughters — Profound victim impact — Prior appearances in NSW for offences of violence — On youth parole and bail in NSW at time of offence — Hardship of custody given pandemic restrictions, ADHD, and family in NSW — MA now 19, but immature and impressionable — Importance of youth — Reasonable prospects of rehabilitation — Relevance of general and specific deterrence, just punishment, denunciation, community protection, and rehabilitation — Parsimony — Current sentencing practices — MA held in youth justice centre (“YJC”) since arrest in January 2022 — MA vulnerable to more negative influences in adult prison — Sentence of detention in YJC may have been open had MA’s plea offer been accepted in 2022 — Parties submit imprisonment only available sentence now, but with shorter non‑parole period than usual — Sentence of six years’ imprisonment with non‑parole period of three years — Court recommends to Adult Parole Board that MA remain in YJC to serve prison sentence — Crimes Act 1958 (Vic), ss 5 & 421; Sentencing Act 1991 (Vic), ss 5 & 32; Children, Youth and Families Act 2005 (Vic), s 471.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Director of Public Prosecutions | Mr J Dickie with Ms J Ollquist | Abbey Hogan, Solicitor for Public Prosecutions |
| For the Accused | Mr D Sala | Stary Norton Halphen Lawyers |
HIS HONOUR:
Overview
In the very early hours of a December morning in 2021, Adam Cassar was killed as a result of a knife wound to his chest sustained while at Melton Railway Station. He was 41. In May this year, a jury found MA guilty of the…
Continue reading R v MA
Sign in free to access the full text
- AGLC
- R v MA [2023] VSC 613
- Case
- [2023] VSC 613
- Decision Date
CaseChat Overview and Summary
The legal issues included whether MA's earlier offer to plead guilty to manslaughter should have been accepted, the seriousness of the offence, the impact on the victim, MA's history of violence, and the importance of rehabilitation. The court considered various sentencing principles, including general and specific deterrence, denunciation, community protection, and rehabilitation. Given MA's age, immaturity, vulnerability to negative influences, and the potential for rehabilitation, the court opted for a sentence of six years' imprisonment with a non-parole period of three years. The court recommended that MA serve the sentence in a youth justice centre to protect him from the harsher conditions of an adult prison.
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.