| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0104 |
| JOSHUA SAVAGE | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | KENNY JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | Determined on the papers |
| DATE OF JUDGMENT: | 23 October 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 249 |
| JUDGMENT APPEALED FROM: | [2024] VCC 687 (Judge Doyle) |
APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009
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CRIMINAL LAW – Appeal – Sentence – Burglary and theft – Residential – Private homes – Co-offending – Serious offending – Early plea – Comparing moral culpability – Total effective sentence of 6 years and 3 months’ imprisonment with non-parole period of 3 years and 10 months – Whether sentence infringed principle of parity – Whether value of property stolen is relevant – Reasonably open to sentencing judge to impose the different sentences on the applicant and co-accused – Leave to appeal refused.
Criminal Procedure Act 2009, ss 278, 280, 315.
Kellway (a pseudonym) v The King [2023] VSCA 109, applied; Chamma v The Queen [2020] VSCA 232, considered; Barbaro v The Queen (2012) 226 A Crim R 354, referred to; Abdullahi v The King [2024] VSCA 156, referred to.
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| Counsel for written submissions | |||
| Applicant: | Ms M Brown | ||
| Respondent: | Ms A Harrold | ||
| Solicitors | |||
| Applicant: | Ruffin Lawyers | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
KENNY JA:
Introduction and overview
On 8 June 2023, the applicant pleaded guilty in the County Court of Victoria to eight charges of burglary and eight charges of theft. On the same day, the applicant’s co-offender, Taylor Savage, pleaded guilty to five charges of burglary, five charges of theft and one charge of knowingly dealing with proceeds of crime. Taylor Savage is the applicant’s younger brother. The applicant and his brother were charged on the same indictment.
On 20 May 2024, the applicant and the co-offender were sentenced as follows:
| Charge on indictment | Offence | Max Penalty | Applicant | Co-Offender | ||
| Sentence | Cumulation | Sentence | Cumulation | |||
| 1 | Burglary | 10 years’ imprisonment | 24 months’ imprisonment (aggregate with Charge 2) | 9 months (aggregate with Charge 2) | Not charged | n/a |
| 2 | Theft | 10 years’ imprisonment | 24 months’ imprisonment (aggregate with Charge 1) | 9 months (aggregate with Charge 1) | Not charged | n/a |
| 3 | Burglary | 10 years’ imprisonment | 22 months’ imprisonment (aggregate with Charge 4) | 7 months (aggregate with Charge 4) | 21 months’ imprisonment (aggregate with Charge 4) | 7 months (aggregate with Charge 4) |
| 4 | Theft | 10 years’ imprisonment | 22 months’ imprisonment (aggregate with Charge 3) | 7 months (aggregate with Charge 3) | 21 months’ imprisonment (aggregate with Charge 3) | 7 months (aggregate with Charge 3) |
| 5 | Knowingly deal with proceeds of crime | 15 years’ imprisonment | Not charged | n/a | 8 months’ imprisonment | 2 months |
| 6 | Burglary | 10 years’ imprisonment | 18 months’ imprisonment (aggregate with Charge 7) | 6 months (aggregate with Charge 7) | Not charged | n/a |
| 7 | Theft | 10 years’ imprisonment | 18 months’ imprisonment (aggregate with Charge 6) | 6 months (aggregate with Charge 6) | Not charged | n/a |
| 8 | Burglary | |||||
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- AGLC
- Savage v The King [2024] VSCA 249
- Case
- [2024] VSCA 249
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the sentence imposed on Savage was manifestly excessive and whether the comparison to his co-offender's sentence was appropriate. The court needed to determine if the sentencing judge reasonably considered all relevant factors, including the value of the stolen property and the principle of parity. The appellant argued that the difference in their sentences, with Savage receiving a harsher penalty, was unjust. The court also considered whether the sentencing judge reasonably assessed the moral culpability of both offenders.
The Court of Appeal found that the sentencing judge had reasonably considered the circumstances of the case and the appropriate punishment for the crimes committed. The judges noted that the value of the stolen property, while not determinative, was a relevant factor in sentencing. The court held that the difference in sentences was reasonably open to the sentencing judge given the unique circumstances of each case and the principle of parity. The court dismissed the appeal, concluding that the sentence was not manifestly excessive and that the sentencing judge had appropriately balanced the principles of punishment and deterrence.
No further orders were made by the court. The appeal was dismissed, and the original sentence was upheld.
Orders
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