Saeed Noori v The Queen - [2021] VSCA 46

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2019 0113

SAEED NOORI	Applicant
v
THE QUEEN	Respondent

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JUDGES:	PRIEST, NIALL and T FORREST JJA
WHERE HELD:	MELBOURNE
DATE OF HEARING:	1 March 2021
DATE OF JUDGMENT:	10 March 2021
MEDIUM NEUTRAL CITATION:	[2021] VSCA 46
JUDGMENT APPEALED FROM:	DPP v Noori [2019] VSC 172 (Hollingworth J)

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CRIMINAL LAW — Appeal — Sentence — Murder and associated offences — Applicant deliberately drove at speed into crowd of pedestrians at busy CBD intersection — One death and multiple serious injuries — Sentenced to life imprisonment for murder with non-parole period of 30 years — Whether manifestly excessive — Offending extremely grave — Reckless murder no less serious than intentional murder — Adequate weight given to applicant’s mental condition and guilty plea — Sentence needed to adequately punish applicant and protect community — Leave to appeal refused — R v Aiton (1993) 68 A Crim R 578 considered.

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APPEARANCES:	Counsel	Solicitors
For the Applicant	Mr D Dann QC	Grigor Lawyers
For the Respondent	Mr M Gibson QC with Mr T Bourbon	Ms A Hogan, Solicitor for Public Prosecutions

PRIEST JA
NIALL JA
T FORREST JA:

Introduction and overview

At about 4.40 pm on Thursday, 21 December 2017, the applicant drove a motor vehicle into the intersection of Flinders and Elizabeth Streets, Melbourne, against a red light and deliberately ran down a number of pedestrians who were crossing. One of those pedestrians, Mr Antonios Crocaris, suffered head injuries from which he later died. A further eleven people suffered serious injury. More still had their lives endangered.

On 7 December 2018, the applicant pleaded guilty in the Supreme Court to murder[1] (one charge – charge 1), recklessly causing serious injury[2] (11 charges – charges 2 to 12) and reckless conduct endangering life (five charges – charges 13 to 17).[3]
[1]Murder is a crime at common law. Pursuant to s 3 of the Crimes Act 1958, the maximum penalty is life imprisonment.
[2]Crimes Act 1958, s 17. The maximum penalty is 15 years’ imprisonment.
[3]Crimes Act 1958, s 22. The maximum penalty is 10 years’ imprisonment.

Following a plea occupying some three days, Hollingworth J sentenced the applicant on 28 March 2019 to life imprisonment for murder (and to concurrent individual terms of imprisonment on all of the other charges),[4] and fixed a non-parole period of 30 years.[5]
[4]On each charge of recklessly causing serious injury, charges 2 to 12, the judge imposed individual sentences of five years’ imprisonment. With respect to the charges of reckless conduct endangering life, the judge imposed individual sentences of two years’ imprisonment on charges 13 to 16, and four years’ imprisonment on charge 17.
[5]See DPP v Noori [2019] VSC 172 (‘Reasons’).

The applicant sought leave to appeal against his sentence on a single ground as follows:

In imposing a life sentence on the charge of Murder the Learned Sentencing Judge imposed a sentence for that offence which was manifestly…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Saeed Noori v The Queen

Details

AGLC: Saeed Noori v The Queen [2021] VSCA 46
Case: [2021] VSCA 46
Decision Date: 10 March 2021

CaseChat Overview and Summary

The case of Saeed Noori v The Queen involved the appellant, Noori, who had been convicted of murder and associated offences following an incident where he deliberately drove his vehicle at high speed into a crowd of pedestrians at a busy city intersection. The incident resulted in one death and multiple serious injuries. Noori was sentenced to life imprisonment for murder with a non-parole period of 30 years. The legal issues before the court were whether the sentence was manifestly excessive and whether adequate weight had been given to Noori's mental condition and guilty plea.

The court examined the nature and gravity of the offence, considering it extremely serious given the reckless manner in which it was committed. The court also acknowledged the mitigating factors of Noori's mental condition and his guilty plea. In considering the sentence, the court held that it needed to adequately punish Noori and protect the community, as well as reflect the extreme gravity of the offending. The court concluded that the sentence was not manifestly excessive and that adequate weight had been given to the mitigating factors. The appeal was subsequently refused.

The court's reasoning was based on the principles set out in R v Aiton (1993) 68 A Crim R 578, which established that a sentence for murder should reflect the extreme gravity of the offence. The court held that the sentence in this case was appropriate, taking into account the circumstances of the offence and the mitigating factors. The final orders of the court were that the appeal against sentence was dismissed, and the original sentence was upheld.

Orders