SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0075
| MAC SIKOULABOUT | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | McLEISH and NIALL JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 10 October 2018 |
| DATE OF JUDGMENT: | 24 October 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 268 |
| JUDGMENT APPEALED FROM: | DPP v Sikoulabout (Unreported, County Court of Victoria, Judge M Bourke, 16 March 2018) |
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CRIMINAL LAW – Appeal – Sentence – Applicant pleaded guilty to two charges of aggravated home invasion, two charges of armed robbery, one charge of criminal damage and one charge of theft – Sentenced to total effective sentence of 11 years and six months’ imprisonment with non-parole period of 8 years – Sentences imposed on two co-offenders at the same time – Whether sentence manifestly excessive – Parity with co-accused – Leave to appeal granted – Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D C Hallowes SC with Mr S Norton | Stary Norton Halphen |
| For the Crown | Mr B Sonnet | Mr J Cain, Solicitor for Public Prosecutions |
McLEISH JA
NIALL JA:
On 12 February 2018, the applicant pleaded guilty in the County Court to two charges of aggravated home invasion, two charges of armed robbery, one charge of criminal damage, and one charge of theft. On 16 March 2018, he was sentenced as follows:
Charge on Indictment Offence Maximum Sentence Cumulation 1 Aggravated home invasion [Crimes Act 1958 s 77B] 25 years 7 years 2 years 6 months 2 Armed robbery [Crimes Act 1958 s 75A] 25 years 4 years 6 months 6 months 3 Damaging property [Crimes Act 1958 s 197(1)] 10 years 6 months Nil 4 Aggravated home invasion [Crimes Act 1958 s 77B] 25 years 8 years Base sentence 5 Armed robbery [Crimes Act 1958 s 75A] 25 years 4 years 6 months 6 Theft [Crimes Act 1958 s 74(1)] 10 years 6 months Nil Total Effective Sentence: 11 years 6 months Non-parole Period: 8 years Pre-sentence Detention Declared: 290 days 6AAA Statement: 14 years with a non-parole period of 11 years Other Orders: Order for the taking of a forensic sample pursuant to s 464ZF of the Crimes Act 1958. Confiscation and forfeiture orders.
Two of the applicant’s co-offenders, Kia Toumngeun and Stephen White, pleaded guilty to various charges and were sentenced at the same time as the applicant.
Toumngeun was sentenced as follows:
Charge on Indictment Offence Maximum Sentence Cumulation 1 Aggravated home invasion [Crimes Act 1958 s 77B] 25 years 7 years 2 years 6 months 2 Armed robbery [Crimes Act 1958 s 75A] 25 years 4 years 6 months 6 months 4 Aggravated home invasion [Crimes Act 1958 s 77B] 25 years 8 years Base sentence 5 Armed robbery [Crimes Act 1958 s 75A] 25 years 4 years 6 months 6 months 6 Theft [Crimes Act 1958 s 74(1)] 10 years 6 months Nil 8 Possessing a firearm as a prohibited person [Firearms Act
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- AGLC
- Sikoulabout v The Queen [2018] VSCA 268
- Case
- [2018] VSCA 268
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence was manifestly excessive and whether the sentencing judge appropriately considered the principle of parity with co-offenders. The appellant argued that the sentence was disproportionately severe, and that the judge did not adequately address the principle of parity. The appellant's legal representatives submitted that the sentences imposed on the co-offenders were significantly less, and that this disparity warranted a reduction in the appellant's sentence. The Crown, on the other hand, contended that the sentence was appropriate and that the judge had considered all relevant factors, including the principle of parity.
The court held that, while the sentence was indeed severe, it was not manifestly excessive. The sentencing judge had carefully considered the appellant's offending, his personal circumstances, and the principle of parity with his co-offenders. The court found that the judge had appropriately balanced these factors and that the sentence reflected the seriousness of the offending. The court also noted that the appellant's co-offenders had entered into plea agreements, which resulted in lesser sentences, and that this was a relevant consideration in the sentencing process. Consequently, the court dismissed the appeal, holding that the sentence was not manifestly excessive and that the sentencing judge had appropriately considered the principle of parity.
No further orders were made by the court.
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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