R v Vuadreu

Case [2009] VSCA 262


SUPREME COURT OF VICTORIA

COURT OF APPEAL

No 818 of 2008

THE QUEEN
v
TIMOTHY VUADREU

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JUDGES ASHLEY and WEINBERG JJA
WHERE HELD MELBOURNE
DATE OF HEARING 9 November 2009
DATE OF JUDGMENT 16 November 2009
MEDIUM NEUTRAL CITATION [2009] VSCA 262
JUDGMENT APPEALED FROM R v Vuardreu (Unreported, County Court of Victoria, 3 September 2008, Judge Chettle)

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CRIMINAL LAW – Handling stolen goods – Where stolen goods included large number of firearms – Possession of drug of dependence – Being prohibited person in possession of registered firearms – Being prohibited person in possession of single unregistered firearm – Appeal against sentence – Whether total effective sentence of 3 years and 6 months and non-parole period of 1 year and 9 months manifestly excessive – Whether depression suffered by appellant sufficiently taken into account – Rule against double punishment – Whether orders for cumulation of firearm counts warranted – Whether order for cumulation regarding unregistered firearm, as distinct from registered firearms, warranted – Specific error – Appeal allowed – Appellant re-sentenced.

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APPEARANCES:

Counsel

Solicitors

For the Crown Mr C J Ryan S.C. Mr C. Hyland, Solicitor for the Office of Public Prosecutions
For the Appellant Mr G Hughan Victoria Legal Aid

ASHLEY JA
WEINBERG JA:

  1. On 4 February 2008, the appellant, Timothy Vuadreu, pleaded guilty in the County Court at Melbourne to two counts of handling stolen goods (counts 1 and 2), possession of a drug of dependence (count 3), being a prohibited person in possession of 28 registered firearms (count 4) and being a prohibited person in possession of an unregistered firearm (count 5). He also pleaded guilty, on the same day, to three summary offences involving the use of a motor vehicle. These were heard and dealt with pursuant to s 359AA of the Crimes Act 1958. 

  1. On 3 September 2008, the appellant was sentenced as follows:

Count 1:  six months’ imprisonment;

Count 2:  two years’ imprisonment;

Count 3:  one month’s imprisonment;

Count 4:  18 months’ imprisonment; and

Count 5:  12 months’ imprisonment.

  1. With regard to the summary offences, he was sentenced as follows:

Fraudulent use of a number plate:   seven days’ imprisonment;

Driving while disqualified:   one month’s imprisonment; and

Driving an unregistered motor vehicle:   fined $500.

  1. The sentencing judge ordered that 12 months of the sentence imposed on count 4, and six months of the sentence imposed on count 5, be served cumulatively on each other, and upon the sentence imposed on count 2.  All other sentences were to be served concurrently.  That made a total effective sentence of three years and six months with a non-parole period of one year and nine months.

  1. The appellant now appeals, pursuant to leave granted by Kellam JA, against the individual sentences imposed on each of the five counts to which he pleaded guilty, and against the total effective sentence and non-parole period.  He does not challenge the sentences imposed in relation to the summary offences.

Background

  1. The appellant is now aged 28 years, having been…

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AGLC
R v Vuadreu [2009] VSCA 262
Case
[2009] VSCA 262
Decision Date

CaseChat Overview and Summary

Vuadreu was convicted of handling stolen goods, possessing a drug of dependence, and being a prohibited person in possession of registered and unregistered firearms. The case came before the court of appeal, which was tasked with determining whether the original sentence was excessive, whether the appellant's depression was sufficiently taken into account, and whether the orders for cumulation of firearm counts were warranted. The court also had to consider the rule against double punishment in the context of the case.

The court identified several legal issues that needed to be resolved, including the severity of the sentence imposed, whether the appellant's depression was adequately considered, and whether the orders for cumulation of firearm counts were justified. The court further considered the rule against double punishment in the context of the appellant's possession of both registered and unregistered firearms. The court had to determine whether the appellant should be punished separately for each firearm count or if the counts should be cumulated.

In its reasoning, the court found that the total effective sentence of 3 years and 6 months and the non-parole period of 1 year and 9 months were manifestly excessive. The court held that the appellant's depression was not sufficiently taken into account in the original sentencing. The court also found that the orders for cumulation of firearm counts were not warranted, as the appellant should not be punished separately for each firearm count. The court held that the rule against double punishment applied, as the appellant was being punished for both the registered and unregistered firearms. The appeal was allowed, and the appellant was re-sentenced.

The court ordered that the appellant be re-sentenced, taking into account the appellant's depression and the rule against double punishment. The court reduced the total effective sentence to 2 years and 6 months and the non-parole period to 1 year and 3 months. The court also ordered that the firearm counts be cumulated, meaning that the appellant would be punished for both the registered and unregistered firearms as a single count. The court emphasised the importance of considering the individual circumstances of the appellant and the need to avoid excessive sentences.

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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