SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2019 0188
| SHANE HODGSON | Applicant |
| V | |
| THE QUEEN | Respondent |
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| JUDGES: | BEACH, EMERTON and SIFRIS JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 12 February 2021 |
| DATE OF JUDGMENT: | 26 March 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 73 |
| JUDGMENT APPEALED FROM: | [2019] VCC 1441 (Judge Lacava) |
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CRIMINAL LAW – Appeal – Conviction – Applicant and co-offender convicted of 13 charges of theft, aggravated burglary, causing injury intentionally, common law assault, false imprisonment – Applicant also convicted of arson – Whether guilty verdicts unreasonable or cannot be supported having regard to the evidence – Circumstantial case including mobile phone, vehicle, eyewitness, DNA and firearm evidence – Evidence not to be assessed in piecemeal fashion – Evidence against co-offender compelling – Evidence established that applicant linked to co-offender – Leave to appeal conviction refused – Criminal Procedure Act 2009 s 276 – R v Hillier (2007) 228 CLR 618 applied.
CRIMINAL LAW – Appeal – Sentence – Total effective sentence of 9 years 6 months’ imprisonment with non-parole period of 6 years 6 months – Whether judge erred in exercise of discretion to have regard to time spent serving sentence for other offending – Whether judge erred in application of principle of totality – Whether individual sentences and order for cumulation offend principle of parity having regard to co-offender’s sentence – Whether judge erred in failing to moderate general deterrence – Whether sentence on charge of aggravated burglary, orders for cumulation and non-parole period are manifestly excessive – Leave to appeal sentence refused – R v Renzella [1997] 2 VR 288 distinguished.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms G Connelly | Stary Norton Halphen |
| For the Respondent | Mr C Boyce QC | Ms A Hogan, Solicitor for Public Prosecutions |
BEACH JA
EMERTON JA
SIFRIS JA:
Introduction
On 12 July 2018, Shane Hodgson (the ‘applicant’) and Andreas Sianas (the ‘co-offender’) were convicted in the County Court by the jury empanelled on their trial on 13 charges: theft, aggravated burglary, two charges of intentionally causing injury, three charges of common law assault and five charges of false imprisonment. The applicant was also convicted of one charge of arson.
The applicant’s and co-offender’s pleas were heard on 27 June 2019 and they were both sentenced on 3 September 2019 as follows.
The applicant Charge on Indictment Offence Legislation Maximum Sentence Cumulation 1. Theft s 74 Crimes Act 1958 10 years 6 months 2. Aggravated Burglary s 77 Crimes Act 1958 25 years 6 years Base 3. Causing injury intentionally s 18 Crimes Act 1958 10 years 2 years 1 year 4. Common law Assault Contrary to Common Law 5 years Dismissed 5. Common law Assault Contrary to Common Law 5 years Dismissed 6. Common law Assault Contrary to Common Law 5 years Dismissed 7. Common law Assault Contrary to Common Law 5 years Dismissed 8. False Imprisonment Contrary to Common Law 10 years 1 year 9. False Imprisonment Contrary to Common Law 10 years 1 year
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- AGLC
- Shane Hodgson v The Queen [2021] VSCA 73
- Case
- [2021] VSCA 73
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the guilty verdicts were unreasonable or could not be supported having regard to the evidence, and whether the sentence was manifestly excessive. The court considered whether the evidence against the applicant was compelling and whether the principle of totality and parity had been properly applied in the sentencing. The court also considered whether the general deterrence principle had been properly applied in the sentencing.
The court found that the evidence against the applicant was compelling and established a link between the applicant and the co-offender. The court rejected the applicant’s argument that the evidence should be assessed in a piecemeal fashion and held that the guilty verdicts were properly based on the evidence as a whole. The court found that the sentence was not manifestly excessive and that the judge had properly exercised his discretion in having regard to the time spent serving sentence for other offending and in applying the principle of totality. The court rejected the applicant’s argument that the individual sentences and order for cumulation offended the principle of parity and held that the sentence on the charge of aggravated burglary, orders for cumulation and non-parole period were not manifestly excessive.
The court refused leave to appeal both the conviction and the sentence. The court applied the principles set out in R v Hillier (2007) 228 CLR 618 in relation to the conviction and R v Renzella [1997] 2 VR 288 in relation to the sentence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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