SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 325 of 2006
| THE QUEEN |
| v. |
| STEPHEN MICHAEL PARTON |
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JUDGES: | NEAVE and KELLAM JJA, CURTAIN AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 11 October 2007 | |
DATE OF JUDGMENT: | 4 December 2007 | |
MEDIUM NEUTRAL CITATION: | [2007] VSCA 268 | |
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CRIMINAL LAW – Sentencing – Appellant pleaded guilty to rape (five counts), aggravated burglary and possession of a firearm, in circumstances where he bound, terrorised and repeatedly raped his ex-partner over the course of five hours – Sentenced to total effective sentence of 16 years’ imprisonment with a non-parole period of 13 years – Whether sentencing judge failed to give due weight to guilty plea – Whether sentencing judge treated the appellant’s depressive illness in accordance with R v Tsiaras [1996] 1 VR 398 and R v Verdins (2007) 169 A Crim R 581 – Appeal allowed – Appellant re-sentenced to a total effective sentence of 16 years’ imprisonment with non-parole period of 12 years.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mrs C Quin | Ms A Cannon, Solicitor for Public Prosecutions |
| For the Appellant | Mr S Johns | Victoria Legal Aid |
NEAVE , JA:
I have had the advantage of reading the draft judgments of Kellam JA and Curtain AJA. I agree with their Honours that the learned sentencing judge erred by failing to take account of the link between the appellant’s depressive illness and his offending. The appellant must therefore be re-sentenced.
Despite the appellant’s serious depressive condition, significant weight must be given to both general and specific deterrence in re-sentencing him. These appalling offences were premeditated. The appellant had previously raped a former partner under very similar circumstances. Although he must have been aware of the risk that he would re-offend, he did not seek medical help when he became depressed again. Unless he continues to take his medication he is likely to present a significant danger to any woman who embarks on a relationship with him in the future.
I agree with Kellam JA that the sentences imposed on the individual counts were extremely moderate. The offending took place over a lengthy period in terrifying circumstances. All of the offences, and particularly the rape with the vibrator, were both humiliating and distressing. The victim impact statement shows that the victim continues to suffer from the effect of a brutal attack by a man with whom she had previously lived in an affectionate relationship.
If counsel for the appellant had been warned of the possibility that this Court might increase the individual sentences imposed by the judge below, I consider that it might well have been appropriate to do so.
In the circumstances I agree that the appellant should be re-sentenced as proposed by Curtain AJA.
KELLAM JA:
I have had the advantage of reading the draft reasons for judgment of Curtain AJA.
I respectfully agree with Curtain AJA that the sentencing judge was in error in concluding that there was before her no evidence which in any way linked the…
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- AGLC
- R v Parton [2007] VSCA 268
- Case
- [2007] VSCA 268
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles and the factors the trial judge should have considered, particularly the discount for the guilty plea and the impact of the appellant's depressive illness. The court noted that the sentencing judge had not given adequate weight to the appellant's guilty plea, which should have resulted in a reduced sentence. Additionally, the court found that the judge had not sufficiently considered the impact of the appellant's mental health condition on his culpability and the appropriateness of a custodial sentence. The court held that these errors warranted the appeal being allowed and the sentence being set aside.
Upon re-sentencing, the court acknowledged the appellant's guilty plea and his mental health condition. Despite these considerations, the court determined that the seriousness of the offences warranted a significant custodial sentence. The court re-sentenced the appellant to a total effective period of 16 years in prison, with a non-parole period of 12 years. The court found this to be an appropriate sentence that balanced the need for punishment and deterrence with the factors mitigating the appellant's culpability.
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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