SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2010 0331
| HARJOT HUNDAL SINGH | |
| Appellant | |
| v | |
| THE QUEEN | Respondent |
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JUDGES: | NEAVE and HANSEN JJA and BEACH AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 19 October 2011 | |
DATE OF JUDGMENT: | 19 October 2011 | |
MEDIUM NEUTRAL CITATION: | [2011] VSCA 317 | |
JUDGMENT APPEALED FROM: | R v Singh (Unreported, County Court of Victoria, Judge Harbison, 25 August 2010) | |
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CRIMINAL LAW – Sentence – Stranger rape (11 years’ imprisonment) – Abduction for the purposes of sexual penetration (4 years’ imprisonment) – Intentionally cause injury (1 year imprisonment) – 2 years of abduction sentence cumulated on rape sentence – Total effective sentence 13 years’ imprisonment with non-parole period of 9 years not manifestly excessive – Appeal dismissed – No point of principle.
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| APPEARANCES: | Counsel | Solicitors |
| For the appellant | Mr P Higham | Andrew George |
| For the respondent | Mr T Gyorffy | Mr C Hyland, Solicitor for Public Prosecutions |
NEAVE JA
HANSEN JA
BEACH AJA:
Introduction
On 23 April 2010, the appellant pleaded guilty to three counts: one of abduction for the purposes of sexual penetration, one of intentionally causing injury and one of rape. A plea was heard on 5 August 2010. On 25 August 2010, her Honour Judge Harbison sentenced the appellant to four years’ imprisonment on the count of abduction for the purposes of sexual penetration, one year’s imprisonment on the count of intentionally causing injury and 11 years’ imprisonment on the count of rape. Her Honour ordered two years of the four years of the sentence for abduction for the purposes of sexual penetration to be served cumulatively with the sentence for rape, making a total effective sentence of 13 years, and directed that the appellant serve a non-parole period of nine years.
The appellant appeals[1] against the sentence he received. The grounds of the appeal are:
(1)The learned judge fell into sentencing error by ordering the ‘significant degree of cumulation’ as reflected in the sentence.
(2)The total effective sentence failed to give sufficient credit for the guilty plea.
(3)The total effective sentence failed to give sufficient regard to the appellant’s personal circumstances and the manner in which he would serve any term of imprisonment.
(4)[This ground was not pursued at the hearing.]
(5)The sentence passed was in all the circumstances of the offence and the offender, manifestly excessive or, alternatively fell into error.
[1]Pursuant to leave granted on 12 May 2011.
Circumstances of the offending
The victim is a Sikh from the province of Punjab, in India. She was studying in Australia. On 18 June 2009, she was walking through Springvale at approximately 11.30 pm, talking on her mobile phone. She was on her way home from work. As she was walking, she observed a stranger standing next to a van, facing her direction. This man was the appellant, also a Sikh from Punjab. The victim continued to walk in the appellant’s direction.
The appellant approached her and grabbed her from behind, putting his hand over her mouth. With his free…
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- AGLC
- Singh v The Queen [2011] VSCA 317
- Case
- [2011] VSCA 317
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the court was whether the sentence imposed was manifestly excessive, and whether there was any point of principle on which the appeal should be allowed. The court considered the gravity of the offences, the need for general and specific deterrence, and the need to maintain public confidence in the criminal justice system. It was also necessary to consider the principles of cumulative sentencing and the appellant's culpability.
The court held that the sentence was not manifestly excessive and found no point of principle on which the appeal should be allowed. The court emphasised the gravity of the crimes and the need for appropriate punishment. The total effective sentence of 13 years’ imprisonment, with a non-parole period of 9 years, was deemed sufficient to address the objectives of sentencing while ensuring public confidence in the criminal justice system. Consequently, the appeal was dismissed.
Orders
Orders of the court
Appeal dismissed
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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