| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0011 |
| NICK STEFANI | Appellant |
| v | |
| THE KING | Respondent |
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| JUDGES: | McLEISH, WALKER and TAYLOR JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 21 February 2024 |
| DATE OF JUDGMENT: | 13 March 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 29 |
| JUDGMENT APPEALED FROM: | [2022] VSC 821 (Tinney J) |
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CRIMINAL LAW – Appeal – Sentence – Appellant pleaded guilty to four charges concerning kidnapping and assault – Total effective sentence of 10 years’ imprisonment – Non-parole period of 8 years – Whether non-parole period reasonably open to sentencing judge – Non-parole period 80 per cent of head sentence – Co-offenders given lesser proportionate non-parole periods – Relevance of parity between non-parole periods – Appeal dismissed.
Wallace v The Queen (2012) 35 VR 520, McLean v The Queen [2018] VSCA 209, Kumova v The Queen (2012) 37 VR 538, Romero v The Queen (2011) 32 VR 486, Green v The Queen (2011) 244 CLR 462 applied; Postiglione v The Queen (1997) 189 CLR 295 referred to.
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| Counsel | |||
| Appellant: | Dr T Alexander with Ms A C Sharpley | ||
| Respondent: | Mr G Buchhorn | ||
Solicitors | |||
| Appellant: | Slades & Parsons Solicitors | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
MCLEISH JA
WALKER JA
TAYLOR JA:
On 31 January 2022 the appellant pleaded guilty before a judge of the Supreme Court to four charges concerning kidnapping and assault. The offending was extremely serious, and was part of a vigilante exercise by seven people against a man they thought had engaged in the sexual abuse of his partner’s children. Ultimately, the victim was killed, although the appellant was not present at that time. The other six offenders were charged with various offences, some of which were the same as, or similar to, the offences with which the appellant was charged. Some of the co-offenders also pleaded guilty, while others faced trial. All were ultimately convicted.
On 22 December 2022 the appellant was sentenced by the Court as follows:[1]
[1]DPP v Hooper [2022] VSC 821 (‘Reasons’).
Charge on Indictment
Offence
Max Penalty
Sentence
Cumulation
1 Causing injury intentionally contrary to s 18 of the Crimes Act 1958 10 years 6 years 1 year 2 Kidnapping contrary to common law 25 years 7 years Base 3 False imprisonment contrary to common law 10 years 6 years 1 year 4 Common assault contrary to common law 5 years 3 years 1 year Total Effective Sentence: 10 years’ imprisonment Non-Parole Period: 8 years Pre-sentence Detention Declared: 1358 days Section 6AAA Statement: Total Effective Sentence 14 years’ imprisonment
Non-Parole Period 11 years
As is apparent, the non-parole period was 80 per cent of the total effective sentence.
The appellant now appeals against his sentence[2] on the ground that the sentencing judge erred in failing to:
(a)impose a sentence which allowed greater disparity between the total effective sentence and the non-parole period;
(b)give reasons for fixing the non-parole period.
[2]Leave to appeal was granted on 14 August 2023: Stefani v The King
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- AGLC
- Stefani v The King [2024] VSCA 29
- Case
- [2024] VSCA 29
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the non-parole period of 8 years was appropriately within the range of sentences that could reasonably be imposed by the sentencing judge. This involved examining the proportionality of the non-parole period relative to the head sentence, as well as comparing it with the sentences of co-offenders. The court needed to consider the principles established in previous cases such as Wallace v The Queen, McLean v The Queen, Kumova v The Queen, Romero v The Queen, and Green v The Queen, to ascertain if the sentence imposed was just and reasonable. Additionally, the relevance of parity between the non-parole periods of co-offenders was examined, particularly in light of the lesser sentences they received.
The Court of Appeal dismissed the appeal, finding that the non-parole period of 8 years was reasonably open to the sentencing judge. The court held that the non-parole period constituted 80% of the head sentence, which was within the acceptable range. The relevance of parity between the non-parole periods of co-offenders was deemed not to be determinative in this context. The court concluded that the sentence was appropriate given the circumstances of the case and the principles established in previous jurisprudence.
No additional orders were made by the Court of Appeal. The appellant's appeal was dismissed, and the original sentence remained in effect.
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