| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
SCR 2012 0026
| THE QUEEN |
| v |
| DANIEL JOSEPH WARWICK |
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JUDGE: | HOLLINGWORTH J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 6-10, 13-15 August 2012 (trial) | |
DATE OF SENTENCE: | 13 September 2012 | |
CASE MAY BE CITED AS: | R v Warwick (sentence) | |
MEDIUM NEUTRAL CITATION: | [2012] VSC 382 | (1st revision 13-09-2012) |
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CRIMINAL LAW – Sentence – Intentionally causing serious injury – Conduct endangering life – Offender went to scene, armed with loaded handgun – Offender fired shots at or in direction of unarmed persons – Offender on parole at time of offending – Serious examples of both offences – Numerous prior convictions – No remorse – Sentenced to 5 years and 9 months’ imprisonment for intentionally causing serious injury – Sentenced to 2 years’ imprisonment for conduct endangering life, with 3 months’ cumulation – Total effective sentence of 6 years’ imprisonment – Non-parole period of 4 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr S Ginsbourg | Solicitor for Public Prosecutions |
| For the Accused | Mr P Matthews | Emma Turnbull |
HER HONOUR:
Daniel Warwick, you have been found guilty by a jury of one charge of intentionally causing serious injury, and one charge of conduct endangering life.
Both offences took place around 9 pm on 31 May 2011, in the Nicholson Street mall in Footscray.
You had gone to the mall that evening, shortly after receiving a telephone call from your niece, Brooke Patterson, to whom you were like a big brother. She sounded distressed, and told you she had been bashed and robbed in the mall by some African men.
When you arrived at the end of the mall, a few minutes later, it was clear that Ms Paterson was in no danger, although she was still distressed. At that stage, it would have been easy just to take her away from the scene, in the car in which you were travelling. Instead, you went into the mall with Ms Paterson, armed with a loaded revolver which you had brought with you from the car.
You found a group of people, which included some African men, sitting on a bench seat near the Commonwealth Bank, drinking alcohol. The group included Arop Deng, Samual Dichak, Natasha Leone, Zac Long, and two men known only as Sultan and Steve. You went up to them, aggressively demanding to know which one of them it was who had assaulted or robbed Ms Patterson. You were pointing the loaded gun at each of them, as you did so. Ms Patterson told you it was none of the people sitting on the bench.
You and Ms Patterson walked away from the group, and went looking elsewhere for the men who had assaulted her.
As you were walking away, Mr Deng yelled out something like “What the fuck’s with the gun?” or “What’s with the fake gun?” He was yelling angrily, slurring his words and speaking with a heavy accent. He was…
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- AGLC
- R v Warwick (sentence) [2012] VSC 382
- Case
- [2012] VSC 382
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to balance the need for punishment, deterrence, and rehabilitation against the background of Warwick's extensive criminal history and the circumstances of the offences. The court noted the intentional nature of the acts, the use of a firearm, and the presence of multiple victims as particularly egregious factors. Additionally, the court took into account that Warwick showed no remorse for his actions, and had numerous prior convictions. The court also considered the principle of cumulative sentencing, where the sentences for multiple offences are to be served concurrently to the extent possible, while ensuring that the overall punishment remains proportionate to the seriousness of the offending.
After weighing these factors, the court sentenced Warwick to five years and nine months' imprisonment for the charge of intentionally causing serious injury. For the charge of conduct endangering life, the court imposed a sentence of two years' imprisonment, with a three-month cumulation, resulting in a total effective sentence of six years. The non-parole period was set at four years. This outcome reflects the court's view that the sentence must adequately reflect the seriousness of the offences and the need to protect the community, while also considering the potential for rehabilitation.
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