SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0219
| RICHARD GRANTLEY (a pseudonym)[1] | Applicant |
| v | |
| THE QUEEN | Respondent |
[1]To ensure that there is no possibility of identification of the victim of the sexual offending, this judgment has been anonymised by the adoption of a pseudonym in place of the applicant’s name.
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APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE (DETERMINED BY A SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009)
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| JUDGE: | TATE JA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | Determined ‘on the papers’ |
| DATE OF JUDGMENT: | 3 April 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 67 |
| JUDGMENT APPEALED FROM: | [2016] VCC 1538 (Judge Sexton) |
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CRIMINAL LAW – Sentence – Application for leave to appeal – Incest – Indecent act with a child under 16 years – Total effective sentence of nine years’ imprisonment – Non-parole period of seven years – Manifest excess – Leave to appeal granted.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | No appearance | Paul Vale Criminal Law |
| For the Respondent | No appearance | Mr John Cain, Solicitor for Public Prosecutions |
TATE JA:
The applicant, for whom I will use the pseudonym Richard Grantley,[2] seeks leave to appeal against sentence imposed on him in the County Court of Victoria on 13 October 2016. He pleaded guilty on 13 September 2016 to one representative charge of incest contrary to s 44(1) of the Crimes Act 1958, a further charge of incest, and one charge of indecent act with a child under 16 years contrary to s 47(1) of the Crimes Act. He was sentenced as follows:
[2]In these reasons I will adopt the pseudonyms used by the judge below in her sentencing remarks: DPP v Grantley (a pseudonym) [2016] VCC 1538 [1] (‘Sentencing reasons’). The judge called the older complainant Libby, the second complainant Ella, their next youngest sister Freda and the youngest sister Tara. The judge called the mother of the girls Karen Chester.
Charge on Indictment
Offence
Maximum
Sentence
Cumulation
1 Incest (representative charge)[Crimes Act 1958 s 44(1)] 25 years’ imprisonment 6 years 6 months’ imprisonment Base 2 Incest [Crimes Act 1958 s 44(1)] 25 years’ imprisonment 5 years 6 months’ imprisonment 2 years 3 Indecent act with a child under 16 years [Crimes Act 1958 s 47(1)] 10 years’ imprisonment 12 months’ imprisonment 6 months Total Effective Sentence:
9 years’ imprisonment
Non-Parole Period:
7 years
Pre-Sentence detention declaration:
31 days
6AAA Statement: None made
Other relevant orders: Sentenced as a Serious Sexual Offender on charge 3. Forensic Sample Order pursuant to s 464ZF of the Crimes Act 1958. Report pursuant to the Sex Offenders Registration Act 2004 for life.
Grantley seeks leave to appeal on the ground that the individual sentences, the orders for cumulation, the total effective sentence, and the non-parole period fixed are each manifestly excessive. He relies on the following particulars:
(a) The judge gave manifestly insufficient weight to his early pleas of guilty, his genuine remorse, his age, his prospects…
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- Case
- [2017] VSCA 67
- Decision Date
CaseChat Overview and Summary
The court examined the principle of manifest excess, which requires an evaluation of whether the sentence imposed is so disproportionate to the crime that it shocks the conscience of the community. In this instance, the court was required to consider the severity of the crime, the need for general and specific deterrence, and the impact on the victim, alongside other relevant factors. The appellant argued that the sentence was excessively harsh, while the respondent contended that the sentence was within the acceptable range and appropriately reflected the gravity of the offence.
Upon thorough analysis, the court concluded that the sentence was indeed a manifest excess. The court found that the nine-year sentence, coupled with the seven-year non-parole period, was excessively punitive and did not align with the sentencing principles applicable to similar cases. Consequently, the High Court granted the appellant leave to appeal, recognising the disproportionate nature of the sentence in relation to the offence committed. The court's decision underscores the importance of ensuring that sentences imposed are not only just but also proportionate to the crime, taking into account the broader principles of sentencing in Australian law.
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