SUPREME COURT OF VICTORIA
COURT OF APPEAL
Nos. 174 & 183 of 2001
| THE QUEEN |
| v. |
| VU HOANG NGUYEN NATNAL OKOBAGERISH |
---
JUDGES: | BATT and EAMES, JJ.A. and O'BRYAN, A.J.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 8 August 2002 | |
DATE OF JUDGMENT: | 21 August 2002 | |
MEDIUM NEUTRAL CITATION: | [2002] VSCA 130 | 1st Revision – 1 July 2003 |
---
CRIMINAL LAW - Sentencing - Multiple offences of armed robbery, attempted armed robbery and theft by "youthful offenders" - Whether sentences manifestly excessive, individually, in totality and in minimum term - Whether sentence imposed on a co-offender of the principal offender was disparate from sentence imposed on the other appellant.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Crown For the Appellant Nguyen | Mr O.P. Holdenson, Q.C. Mr S. Lindner | K. Robertson, Solicitor for Public Prosecutions Victoria Legal Aid |
| For the Appellant Okobagerish | Mr P. Morrissey | Victoria Legal Aid |
BATT, J.A.:
I agree with O’Bryan, A.J.A. I add comments of my own only on the question of the non-parole period fixed for the appellant Okobagerish, the one aspect of these appeals which has caused me difficulty. The concession made on behalf of the respondent is a significant matter, though it cannot, of course, be decisive. Further, rehabilitation of a youthful offender is a particularly important sentencing purpose. In the end, however, I have come to the conclusion that, having regard to this appellant’s rather unencouraging prospects, the only reduction in the non-parole period that could be justified would amount to no more than “tinkering” with the sentence and that means that the non-parole period is not, in my view, manifestly excessive.
EAMES, J.A.:
I have had the advantage of reading the reasons of O’Bryan, A.J.A. and, substantially for the reasons his Honour expressed, I agree with his Honour’s conclusion as to the outcome of the appeal by Vu Hoang Nguyen. There are, however, some issues dealt with in his Honour’s reasons with respect to the appeal of Nguyen on which I desire to make further comment. As to the appeal by Natnal Okogaberish I respectfully do not agree as to the outcome proposed by O’Bryan, A.J.A. As mine is a minority opinion I will confine what I say about these appeals, and I will consider the appeal of Okobagerish first.
The offences committed by Okobagerish were extremely serious examples of a type of armed robbery that is very prevalent and causes justifiable community concern. For substantially the reasons given by O’Bryan, A.J.A, I agree that the sentences imposed on Okobagerish on each offence, and the orders as to cumulation, were appropriate and should not be varied. Thus, the total effective sentence of 8 years and 2 months should stand. My area of disagreement relates to the non-parole period of 6 years which the learned sentencing judge fixed.
One, but by no means the only, consideration in fixing a non-parole period is
the mitigation of punishment of the offender, in favour of his rehabilitation, by his conditional release at the earliest appropriate time,…
Keep reading for free
Create a free CaseChat account to read R v Nguyen and Okobagerish and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2002] VSCA 130
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the sentences imposed on the appellants were manifestly excessive, both in isolation and in combination, and if the minimum terms of imprisonment were justified. The court also considered whether the disparity between the sentences imposed on the two appellants was unreasonable. The court examined the nature and circumstances of the offences, the appellants' backgrounds, and the principles of sentencing, including the need for proportionality and consistency in sentencing.
In assessing the sentences, the court found that while the appellants' offences were serious, the sentences were not manifestly excessive, individually or in the aggregate. The court acknowledged the seriousness of the crimes and the need for deterrence, but also considered the appellants' ages and the potential for rehabilitation. The court determined that the sentences, while severe, were proportionate to the crimes committed. Regarding the minimum terms of imprisonment, the court found that these were justified in light of the nature of the offences. The court also held that the disparity between the sentences was not unreasonable, as it reflected the different roles and levels of involvement of the appellants in the criminal activities.
The court upheld the sentences imposed on the appellants, with no orders for alteration. The appeal was dismissed.
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.