SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0200
| CONNOR SHARMAN (A PSEUDONYM)[1] | Appellant |
| v | |
| THE QUEEN | Respondent |
[1]To ensure that there is no possibility of identification of certain persons, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the appellant. The same pseudonym was adopted in the County Court.
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| JUDGES: | REDLICH and TATE JJA and CROUCHER AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 13 June 2017 |
| DATE OF ORDERS: | 13 June 2017 |
| DATE OF REASONS FOR JUDGMENT: | 6 September 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 241 |
| JUDGMENT APPEALED FROM: | DPP v Sharman (a Pseudonym) (Unreported, County Court of Victoria, Judge Douglas, 8 September 2016) |
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CRIMINAL LAW – Appeal – Sentence – Indecent act with child under 16 – Possession of child pornography – Weight to be given to full admissions – Doran discount – Complainant refusing to give statement – Offence known but proof of guilt dependent on confession – Need for transparency in applying discount to separate charges – Discount not apparent on both charges – Wrong maximum penalty considered – Appeal allowed – Appellant resentenced – R v Doran [2005] VSCA 271; Dawson v The Queen [2015] VSCA 166; Younan v The Queen [2017] VSCA 12 applied – JBM v The Queen [2013] VSCA 69; Latina v The Queen [2015] VSCA 102 discussed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr J O’Connor | Yang & Vale Pty Ltd |
| For the Crown | Mr M D Phillips | Mr J Cain, Solicitor for Public Prosecutions |
REDLICH JA
TATE JA
CROUCHER AJA:
On 1 September 2016, the appellant pleaded guilty in the County Court at Melbourne to two charges of indecent act with a child under the age of 16 and one charge of possession of child pornography. He was sentenced on 8 September 2016 as follows:[2]
[2]DPP v Sharman (a Pseudonym) (Unreported, County Court of Victoria, Judge Douglas, 8 September 2016) [73]–[80] (‘Reasons’).
Charge
Offence
Maximum
Sentence
Cumulation
1 Indecent act with a child under the age of 16 [Crimes Act 1958 s 47(1) (‘CA’)] 10 years’ imprisonment 12 months’ imprisonment 5 months 2 Indecent act with a child under the age of 16 [CA s 47(1)] 10 years’ imprisonment 15 months’ imprisonment Base 3 Possession of child pornography [CA s 70(1)] 10 years’ imprisonment[3] 10 months’ imprisonment 2 months Total effective sentence 22 months’ imprisonment Non-parole period 15 months Pre-sentence detention declared 9 days 6AAA statement: 36 months’ imprisonment with a non-parole period of 20 months. Other relevant orders: Life registration under the Sex Offenders Registration Act 2004; forensic sample order; disposal order under the Confiscation Act 1997 relating to computer hard drives. [3]The appellant was sentenced on the basis that the maximum penalty was 10 years’ imprisonment. At the date of his offending, the maximum penalty was 5 years’ imprisonment. See below.
On 13 June 2017, this Court granted leave and allowed the appeal. We…
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- AGLC
- Connor Sharman (a pseudonym)[1] v The Queen [2017] VSCA 241
- Case
- [2017] VSCA 241
- Decision Date
CaseChat Overview and Summary
The Supreme Court held that the County Court had erred in its application of the Doran discount and in considering the maximum penalties for the separate charges. The Court noted that the full admissions made by the appellant were a significant factor that warranted a discount, but the manner in which the discount was applied was not transparent. Moreover, the Court found that the County Court had applied the wrong maximum penalty for one of the charges, leading to an overestimation of the sentence. The Court emphasised the need for clarity in applying the Doran discount and ensuring that the maximum penalties are correctly identified for each charge. The Supreme Court concluded that these errors warranted an appeal and a subsequent resentencing of the appellant.
The Supreme Court of Victoria allowed the appeal and remitted the matter to the County Court for resentencing. The Court directed that the County Court reconsider the sentence with a proper application of the Doran discount and an accurate assessment of the maximum penalties. The appellant was to be resentenced by the County Court in light of these findings. This decision underscores the importance of precise and transparent application of sentencing principles to ensure justice is served.
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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