SUPREME COURT OF VICTORIA
COURT OF APPEAL
| THE QUEEN v PHILLIP DAMIEN WATTS | No 110 of 2005 |
| THE QUEEN v STEVEN JOHN BLACK | No 115 of 2005 |
| THE QUEEN v PHILLIPP GEORGE BLACK | No 131 of 2005 |
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JUDGES: | BUCHANAN and EAMES JJA and KELLAM AJA | |
WHERE HELD: | MELBOURNE | |
DATES OF HEARING: | 12 and 13 February 2007 | |
DATE OF JUDGMENT: | 4 May 2007 | |
MEDIUM NEUTRAL CITATION: | [2007] VSCA 81 | |
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CRIMINAL LAW – Sentence – Whether sentences manifestly excessive – Whether pre-sentence Renzella detention fully taken into account – Whether non-parole period should have been fixed in relation to one applicant – Application dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr O P Holdenson QC | Ms A Cannon |
| For the Applicant | Mr C G Mandy | Victoria Legal Aid |
| For the Applicant | Mr C B Boyce | Leanne Warren and Assocs |
| For the Applicant (Phillipp George Black) | Mr M R Simon | Power and Bennett |
BUCHANAN JA:
I agree with Kellam AJA.
EAMES JA:
I agree with Kellam AJA.
KELLAM AJA:
These three applications for leave to appeal against sentence are brought by each applicant in respect of sentences handed down by Judge Morgan-Payler at the County Court at Melbourne on 15 April 2005 after trial by jury.
The judge sentenced each applicant as follows:
Phillip Damian Watts
Count 1 (burglary) – 18 months’ imprisonment
Count 2 (intentionally cause injury) – 12 months’ imprisonment
Count 4 (intentionally cause injury) – 12 months’ imprisonment
Three months of the sentence of imprisonment imposed on Count 2 and three months of the sentence imposed on Count 4 were directed to be served cumulatively upon the sentence imposed on Count 1 and upon each other, making a total effective sentence of two years’ imprisonment. The judge directed that the applicant serve a minimum of 12 months before becoming eligible for parole. Upon the basis of information given to him by both the prosecution and the defence he declared a period of 80 days as being reckoned as pre-sentence detention pursuant to s 18(1) of the Sentencing Act 1991, and ordered “pursuant to s 16(3B) of the Sentencing Act, that these sentences be served cumulatively upon any period of imprisonment that (the applicant) may be required to serve in custody on cancellation of any parole order.” It should be observed that the prosecution concedes that the calculation of the pre‑sentence detention should have been 90 days.
Phillipp George Black
Count 1 (burglary) – 12 months’ imprisonment
Count 2 (intentionally cause injury) – 9 months’ imprisonment
Count 4 (intentionally cause injury) - 9 months’ imprisonment
Three months of the sentence of imprisonment imposed on Count 2 and three months of the sentence of imprisonment imposed on Count 4 were directed to be served cumulatively upon each other and upon the sentence imposed on Count 1, thus making a total effective sentence of 18 months’ imprisonment. The learned sentencing judge directed that the applicant serve a minimum of…
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- AGLC
- R v Watts, Black and Black [2007] VSCA 81
- Case
- [2007] VSCA 81
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the sentences imposed were manifestly excessive, whether the applicants' pre-sentence detention had been adequately accounted for, and if the non-parole periods should have been fixed in relation to one of the applicants. The court considered the applicants' arguments and the submissions made by both parties.
The court found that the sentences were not manifestly excessive and that the pre-sentence detention had been adequately taken into account. The court also found that there was no basis for fixing the non-parole periods in relation to one of the applicants. The applicants' application was dismissed. The court's reasoning was based on a thorough analysis of the relevant legal principles and the specific circumstances of the case.
As a result of the court's decision, the applicants' application for a reduction in their sentences was dismissed. The sentences and non-parole periods as originally imposed remained in effect. The court's decision provides guidance on the factors to be considered when assessing the adequacy of sentences and the appropriate consideration of pre-sentence detention.
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