SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 23 of 2005
| THE QUEEN |
| v. |
| MICHAEL JOHN SULLIVAN |
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JUDGES: | CHARLES, BUCHANAN and EAMES, JJ.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 1 December 2005 | |
DATE OF JUDGMENT: | 1 December 2005 | |
MEDIUM NEUTRAL CITATION: | [2005] VSCA 286 | |
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Criminal law - Sentencing - Multiple offences of armed robbery, attempted armed robbery and theft - "Soft targets" - Appellant a heroin addict - Offences committed while on parole - Parole cancelled - Totality - Excellent prospects of rehabilitation - Total effective sentence of 10 years with non-parole period of 7 years reduced to total effective sentence of 8 years with non-parole period of 5 years.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R.A. Elston, S.C. | Mr S. Carisbrooke, Acting Solicitor for Public Prosecutions |
| For the Appellant | Mr D.C. Hallowes | Balmer & Associates |
CHARLES, J.A.:
I will invite Eames, J.A. to give the first judgment.
EAMES, J.A.:
This is an appeal against sentence imposed by a judge of the County Court on 28 January 2005, leave to appeal having been granted by a judge of this Court. The appellant, who was presented with three other offenders, pleaded guilty to ten counts of armed robbery, one count of attempted armed robbery and four counts of theft of a motor vehicle. The maximum penalty for armed robbery is 25 years' imprisonment, for attempted armed robbery is 20 years' imprisonment and for theft 10 years' imprisonment.
The offending all took place over a 26-day period in March and April 2004. The appellant, alone, was arraigned on and pleaded guilty to every count on the presentment, whereas two of the other offenders pleaded guilty to only one count of armed robbery and the fourth pleaded guilty to one count of armed robbery and one count of theft.
The armed robbery offences and the attempted armed robbery offence all related to soft targets, such as service stations and 7-Eleven convenience stores where, on each occasion, the appellant (alone in all but one instance) when armed with a knife and wearing a full-face balaclava, threatened the store attendant and stole cash from the till. The offences were committed late at night and the staff concerned were intimidated and, in some, if not all, instances, terrified. The motor vehicles were stolen for the purpose of committing some of the robberies.
All four co-accused took part in the armed robbery which constituted count 7. That count formed the base upon which orders for cumulation were made by the judge with respect to the appellant's sentences. On that occasion the four offenders travelled in a stolen car to a Salvation Army store, where they purchased clothing for the purpose of the robbery and also purchased a 30 cm. Wiltshire kitchen knife. The appellant was already armed with a knife. They then drove to Elwood Food Works, where the appellant and Jamie Holt entered the store wearing black balaclavas, both of them carrying kitchen knives. The two others remained with the vehicle.
The…
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- AGLC
- R v Sullivan [2005] VSCA 286
- Case
- [2005] VSCA 286
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the court were whether the sentence was appropriate given the totality of the circumstances, and whether the prospects of rehabilitation warranted a reduction in the sentence. The court also considered the appellant's vulnerability as a "soft target" and the impact of their addiction on their criminal conduct.
In reviewing the sentence, the court found that while the appellant's crimes were serious, the totality principle and the excellent prospects of rehabilitation warranted a reduction in the sentence. The court emphasised the need to balance the protection of society with the potential for rehabilitation. Consequently, the total effective sentence was reduced from 10 years with a non-parole period of 7 years, to a total effective sentence of 8 years with a non-parole period of 5 years.
The final orders of the court were that the total effective sentence of the appellant be reduced to 8 years, with a non-parole period of 5 years. This decision reflected the court's consideration of the totality of the circumstances, including the appellant's prospects for rehabilitation and the nature of the offences committed.
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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