NEW SOUTH WALES COURT OF CRIMINAL APPEAL
CITATION: Regina v Vincent John Virgona [2004] NSWCCA 415
FILE NUMBER(S):
2004/1780 CCAP
HEARING DATE(S): 30/9/04
JUDGMENT DATE: 29/11/2004
PARTIES:
Vincent John Virgona - Applicant
Regina - Respondent
JUDGMENT OF: Wood CJ at CL Hislop J Smart AJ
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/11/0229
LOWER COURT JUDICIAL OFFICER: Berman DCJ
COUNSEL:
Mr P Byrne SC with Ms S Kluss - Applicant
Mr G Rowling - Crown
SOLICITORS:
S O'Connor, Legal Aid Commission - Applicant
S Kavanagh, Solicitor for Public Prosecutions - Respondent
CATCHWORDS:
Criminal law
Sentence
Postponement of sentence
LEGISLATION CITED:
Crimes Act 1900
DECISION:
(1) Leave to appeal granted.
(2) Appeal dismissed as to counts 1 - 5 inclusive.
(3) Appeal dismissed as to the sentences of imprisonment of 4 years commencing on 21 August 2003 in respect of counts six and seven.
(4) The non-parole periods of 3 years in respect of counts six and seven is quashed, and in lieu thereof, there will be non-parole periods of 2 years and 3 months commencing on 21 August 2003.
JUDGMENT:
IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF CRIMINAL APPEAL
2004/1780 CCAP
WOOD CJ at CL
HISLOP J
SMART AJ
29 November 2004
Regina v Vincent John VIRGONA
Judgment
WOOD CJ at CL: I have read in draft form the judgment of Hislop J. I agree with the orders proposed, and with the reasons of his Honour.
HISLOP J: On 21 August 2003 the applicant pleaded guilty before Berman DCJ to an indictment containing seven counts, namely, three counts (counts 1, 4 and 5) of indecent assault contrary to the Crimes Act 1900 s 61E(1), the maximum penalty for which was 4 years imprisonment; two counts (counts 2 and 3) of indecent assault on a person under the age of 16 years and under authority contrary to the Crimes Act 1900 s 61E(1A), for which the maximum penalty was 6 years imprisonment; one count (count 6) of sexual intercourse with a person above the age of 10 years and under the age of 16 years contrary to the Crimes Act 1900 s 66C, for which the maximum penalty was 8 years imprisonment; one count (count 7) of sexual intercourse with a person above the age of 10 years and under the age of 16 years and under authority contrary to the Crimes Act 1900 s 66C(2), for which the maximum penalty was 10 years imprisonment.
On 14 November 2003 his Honour sentenced the applicant to imprisonment for a fixed term of 2 years in respect of each of the first five counts, and imprisonment for 4 years in respect of the last two counts, with a non-parole period of 3 years. Each of the sentences was to date from 21 August 2003.
Counts 1-5 relate to offences committed by the applicant against a relative “A” during the period 1983 – 1989. A was born on 6 December 1978.
As the sentences in respect of the first…
Continue reading R v Virgona
Sign in free to access the full text
- AGLC
- R v Virgona [2004] NSWCCA 415
- Case
- [2004] NSWCCA 415
- Decision Date
CaseChat Overview and Summary
The court examined the statutory framework governing sentencing and the inherent discretion of the court to manage its own proceedings. It considered the principles of finality in sentencing and the importance of delivering justice in a timely manner. The court noted that while it had the power to postpone sentencing, this power was not to be exercised lightly. It had to balance the interests of justice against the potential for undue delay and the impact on the defendant and the community. Ultimately, the court found that the interests of justice in this case did not sufficiently justify a postponement of the sentence.
Having considered the arguments and the relevant legal principles, the court decided that the application for postponement of sentence should be dismissed. The court emphasised that while it recognised the importance of ensuring a just outcome, it could not allow the postponement to interfere with the finality of the sentencing process. The court held that the interests of justice did not warrant a postponement in this instance, and the sentence would proceed as scheduled. The court's decision was grounded in the need to maintain the integrity of the judicial process and to deliver justice in a timely and efficient manner.
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
Established by: WOOD CJ
Full text does not contain this section.