SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0017
| STEVAN SALAPURA | Applicant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | WHELAN and KYROU JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 7 September 2018 |
| DATE OF JUDGMENT: | 8 October 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 255 |
| JUDGMENT APPEALED FROM: | DPP v Salapura [2017] VCC 1914 (Judge Grant) |
---
CRIMINAL LAW – Sentence – One charge of possessing firearm while a prohibited person, one charge of aggravated burglary and one charge of causing serious injury recklessly – Total effective sentence of 7 years, 9 months’ imprisonment with non-parole period of 5 years, 9 months – Whether applicant doubly punished for possessing loaded firearm – Whether production of loaded firearm after entry into building relevant to aggravated burglary charge – Whether parity principle infringed – Application for leave to appeal refused.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr P J Smallwood | Doogue & George Defence Lawyers |
| For the Respondent | Mr B L Sonnet | Mr J Cain, Solicitor for Public Prosecutions |
WHELAN JA
KYROU JA:
Introduction and summary
The applicant pleaded guilty to the charges set out in the table below and, on 15 December 2017, he was sentenced by a County Court judge as set out in that table.[1]
[1]DPP v Salapura [2017] VCC 1914 (‘Sentencing remarks’).
Charge
Offence
Maximum
Sentence
Cumulation
1 Possessing a firearm while a prohibited person
[Firearms Act1996 s 5(1)]
10 years 3 years 9 months 2 Aggravated burglary
[Crimes Act1958 s 77(1)]
25 years 4 years,
6 months
2 years 3 Causing serious injury recklessly [Crimes Act s 17] 15 years 5 years Base Summary charge 2 Possession of cartridge ammunition without a licence
[Firearms Act s 124(1)]
40 penalty units
$2,500 fine - Total Effective Sentence: 7 years, 9 months’ imprisonment Non-Parole Period: 5 years, 9 months Pre-Sentence Detention Declaration: 514 days 6AAA Statement: 10 years’ imprisonment with a non-parole period of 8 years
The applicant’s co-offender, Stephen Spiteri, was sentenced on the same day by the same judge as follows:[2]
Charge
Offence
Maximum
Sentence
Cumulation
1 Possessing a firearm while a prohibited person 10 years 2 years,
3 months
6 months 2 Aggravated burglary 25 years
4 years,
6 months
Base Summary charges 3 Possession of cartridge ammunition without a licence 40 penalty units $2,500 fine - 4 Dealing with property suspected of being proceeds of crime [Crimes Act s 195] 2 years 6 months - 5 Committing an indictable offence while on bail
[Bail Act1977 s 30B]
3 months
2 months - Total Effective Sentence: 5 years’ imprisonment[3] [3]At the time of sentencing, Spiteri was already serving a sentence of 6 years’ imprisonment for prior offences of aggravated burglary and assaulting a police officer. Applying the principle of totality, the judge ordered that only part of the sentence imposed on Spiteri be served cumulatively on the prior sentence, producing a combined total effective sentence of…
Continue reading Salapura v The Queen
Sign in free to access the full text
- AGLC
- Salapura v The Queen [2018] VSCA 255
- Case
- [2018] VSCA 255
- Decision Date
CaseChat Overview and Summary
The legal issues in this case were whether the appellant was doubly punished for possessing the loaded firearm, whether the production of the loaded firearm after entering the building was relevant to the aggravated burglary charge, and whether the parity principle was infringed. The court had to determine whether the appellant's sentence was just and whether it complied with the principles of sentencing under the Sentencing Act 1992 (Vic).
The court held that the appellant was not doubly punished for possessing the loaded firearm because the trial judge had considered the factors relevant to each offence when imposing the sentence. The court also held that the production of the loaded firearm after entering the building was relevant to the aggravated burglary charge because it contributed to the danger and violence of the crime. Furthermore, the court held that the parity principle was not infringed because the sentence for possessing the firearm was not greater than the sentence for causing serious injury recklessly, but rather reflected the seriousness of the offence and the need for general deterrence. The appeal was dismissed, and the original sentence was upheld.
The High Court of Australia refused the appellant leave to appeal against the decision of the Court of Appeal of the Supreme Court of Victoria. The appellant's application for special leave to appeal was dismissed, and the original sentence of 7 years, 9 months’ imprisonment with a non-parole period of 5 years, 9 months was upheld.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.