SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0140
| ADAM PAUL SAXON |
| Appellant |
| v |
| THE QUEEN |
| Respondent |
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| JUDGES: | WEINBERG and SANTAMARIA JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 24 October 2014 |
| DATE OF JUDGMENT: | 25 November 2014 |
| MEDIUM NEUTRAL CITATION: | [2014] VSCA 296 |
| JUDGMENT APPEALED FROM: | DPP v Saxon (Unreported, County Court of Victoria, Judge Mullaly, 4 June 2014) |
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CRIMINAL LAW – Aggregate Sentence – Multiple charges – Whether necessary to explain contribution of each charge to aggregate sentence – Whether failure adequately to address totality principle and rule against double punishment – Whether error in calculation of aggregate sentence – Aggregate sentence adequately explained and calculated – Appeal dismissed – Sentencing Act 1991 s 9(4).
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr C T Carr | James Dowsley & Associates |
| For the Crown | Mr J B B Lewis | Mr C Hyland, Solicitor for Public Prosecutions |
WEINBERG JA:
The appellant pleaded guilty, in the County Court at Melbourne, to one count of aggravated burglary, one count of common assault, and one contravention of a family violence intervention order. He was sentenced on 4 June 2014 as follows:
Charge Offence Maximum Sentence 1 Aggravated Burglary [Crimes Act 1958 s 77(1)] 25 years 20 months, aggregate 2 Assault [contrary to common law] 5 years 20 months, aggregate 3 Contravene Family Violence Intervention Order – Intending to cause harm or fear [Family Violence Protection Act 2008 s 123A] 5 years 20 months, aggregate Total Effective Sentence: 20 months’ imprisonment Non-Parole Period: 12 months Pre-sentence Detention Declared: 91 days 6AAA Statement: 3 years’ imprisonment with a non-parole period of 20 months. Grounds of appeal.
By notice dated 1 July 2014, the appellant sought leave to appeal against his sentence on the following grounds:
1.The learned sentence judge erred in imposing an aggregate sentence on all charges without examining and explaining how the principle of totality and the rule against double punishment impacted upon that sentence, or explaining the contribution of each charge to that aggregate sentence.
2.The sentencing process in respect of the breach of the intervention order miscarried, as the charged act was not identified.
3.The learned sentencing judge erred by reaching the aggregate sentence by imposing a non-parole period and then adding a term of parole.
4.The learned sentencing judge erred in finding that the applicant had behaved badly to the complainant in a way that gave rise to the intervention order
On 16 September 2014, the appellant was granted leave to appeal on grounds 1, 2 and 3. The question of leave to appeal on ground 4 was referred to this Court. However, both that ground and ground 2 were abandoned by the appellant prior to the hearing of this appeal. Accordingly, only grounds 1 and 3 are required to be determined.
Circumstances of offending.
The appellant and the complainant had been in a relationship. The relationship ended in May 2013, and the complainant subsequently moved into a new house with her two children (aged…
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- AGLC
- Saxon v The Queen [2014] VSCA 296
- Case
- [2014] VSCA 296
- Decision Date
CaseChat Overview and Summary
The court emphasised that the trial judge was not required to explain the contribution of each charge to the aggregate sentence, as long as the sentence was within the statutory maximum and was proportionate to the seriousness of the offending. The court held that the trial judge had adequately addressed the totality principle and the rule against double punishment by considering the totality of the offending and ensuring that the sentence was not excessive. The court further held that the calculation of the aggregate sentence was within the discretion of the trial judge, and that there was no error in the calculation. The court held that the trial judge had adequately explained the reasons for the sentence, which was proportionate to the seriousness of the offending and did not constitute double punishment. The appeal was dismissed, and the original sentence was upheld.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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