SUPREME COURT OF VICTORIA
COURT OF APPEAL Not Restricted
No. 50 of 2000
| THE QUEEN |
| v. |
| AARON NEIL McCORRISTON |
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JUDGES: | WINNEKE, P., CALLAWAY and BUCHANAN, JJ.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 17 October 2000 | |
DATE OF JUDGMENT: | 17 October 2000 | |
MEDIUM NEUTRAL CITATION: | [2000] VSCA 200 | |
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Criminal law – Sentence – Aggravated burglary and recklessly causing serious injury by severely drug affected youthful offender – Sentence of 3½ years not excessive – Multiple offences – Concurrency and cumulation – Desirability of “moderating and cumulating” in appropriate cases – R. v. Newman and Turnbull [1997] 1 V.R. 146 and Pearce v. R. (1998) 194 C.L.R. 610 referred to.
Practice on criminal appeals – Framing of grounds – Discrete sentencing errors such as “manifest disparity” not capable of being argued upon ground of “manifest excess” – Practice Statement C.A.1 of 1996 referred to.
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APPEARANCES: | Counsel | Solicitors |
For the Crown | Mr. G.G. Hicks | P.C. Wood, Solicitor for Public Prosecutions |
| For the Appellant | Mr. M.R. Simon | Peterson Westbrook Cameron |
WINNEKE, P.:
Every day, judges of the County Court are faced with the difficult but important problem of devising a suitable sentencing disposition for those whose conduct has been influenced by addictive and mind-distorting drugs. On the one hand, the sentencing judge has to consider and take into account the gravity of the crime and the requirement that it will be justly punished. On the other hand, he or she is required to inject into the sentencing disposition appropriate allowances and discounts for the frailties of youth, mental states disturbed by mind-altering substances, prospects of rehabilitation and other factors. Many drug related crimes are serious invasions of the person and/or property of their victims; but in almost every instance the judge is faced with the delicate task of balancing these competing factors. Perhaps the task of the sentencing judge has not been made any easier by the removal of sentencing options which used to exist in s.28 of the Sentencing Act.
This case has provided such a problem for the sentencing judge. The appellant is a young man who, in company with confederates, committed serious offences involving personal violence against a victim in his own home and in the presence of the victim's three-year-old son and the sister of his de facto wife. As a consequence the appellant, along with his two co-accused, was charged with aggravated burglary and recklessly causing serious injury, offences which carry respective maximum penalties of 25 years and 15 years. The appellant pleaded guilty to these offences and admitted previous convictions imposed in December 1998, that is, some three months before these offences were committed, in respect of which he had been given both an intensive correction order and a community-based order. After a lengthy plea, in the course of which a great deal of material was put before the judge as to the appellant's history of substance abuse and apparent efforts to rehabilitate himself, her Honour, in very careful sentencing remarks, concluded that the…
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- AGLC
- R. v. McCorriston [2000] VSCA 200
- Case
- [2000] VSCA 200
- Decision Date
CaseChat Overview and Summary
The primary legal issues in this appeal were whether the sentence was excessive, and the appropriate approach to considering additional grounds of appeal in criminal cases. The court needed to determine if the sentence was manifestly excessive or disproportionate, and whether the additional grounds raised by the appellant could be considered under the general ground of appeal of manifest excess.
The court found that the sentence was not manifestly excessive, taking into account the nature of the offences, the effect of the drugs on McCorriston, and his age. The court also held that discrete sentencing errors, such as the issue of manifest disparity, could not be argued under the general ground of manifest excess. Instead, these issues required separate grounds of appeal. The appeal was dismissed, and the sentence upheld.
The court did not make any orders altering the sentence. The appeal was dismissed, and the original sentence of 3 1/2 years imprisonment was upheld.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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