| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2021 0143 |
| HENRY STOWERS | Appellant |
| v | |
| THE KING | Respondent |
| S EAPCR 2021 0151 |
| JOSHUA PHILLIPS | Appellant |
| v | |
| THE KING | Respondent |
---
| JUDGES: | KYROU, McLEISH and KENNEDY JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 5 September 2022 |
| DATE OF JUDGMENT: | 20 September 2022 |
| MEDIUM NEUTRAL CITATION: | [2022] VSCA 203 |
| JUDGMENT APPEALED FROM: | [2021] VCC 1393 (Judge Hampel) |
---
CRIMINAL LAW – Appeal – Sentence – Co-accused – Aggravated burglary – Intentionally causing injury – Destroying property – Theft – Extortion with threat to kill – Firearms offences – Total effective sentence 9 years and 6 months with non-parole period 7 years and 6 months (Stowers) – Total effective sentence 7 years and 6 months with non-parole period 6 years (Phillips) – Whether sentences manifestly excessive – 5 year sentence on extortion with threat to kill outside range – Appeals allowed – Appellants resentenced.
---
| Counsel | ||
| Appellant Stowers: | Ms P J Marcou with Mr D I Mence | |
| Appellant Phillips: | Mr C K Wareham | |
| Respondent: | Ms E Ruddle KC | |
Solicitors | ||
| Appellant Stowers: | Markotich Lawyers | |
| Appellant Phillips: | Slades & Parsons Solicitors | |
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | |
KYROU JA
MCLEISH JA
KENNEDY JA:
On 16 July 2021, Henry Stowers (‘Stowers’) and Joshua Phillips (‘Phillips’) each pleaded guilty to the offence of aggravated burglary, as well as a number of other charges.
On 17 September 2021, a judge of the County Court sentenced each of them as follows:
| Stowers | ||||
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| 1 | Aggravated burglary | 25 years | 5 years | Base |
| 2 | Intentionally causing injury | 10 years | 1 year | 6 months |
| 3 | Destroying property | 10 years | 1 year | 3 months |
| 4 | Theft | 10 years | 1 year | 3 months |
| 7 | Extortion with threat to kill | 15 years | 5 years | 3 years |
| Related summary offence | ||||
| 13 | Carry a prohibited weapon | 2 years | 1 year | 6 months |
| Total Effective Sentence: | 9 years and 6 months’ imprisonment | |||
| Non-Parole Period: | 7 years and 6 months | |||
| Section 6AAA Statement: | 12 years and 3 months, with 10 years non-parole | |||
| Other relevant orders: 1. Licence/s cancelled and disqualified for 12 months | ||||
| Phillips | ||||
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| 1 | Aggravated burglary | 25 years | 5 years | Base |
| 2 | Intentionally causing injury | 10 years | 1 year | 6 months |
| 3 | Destroying property | 10 years | 1 year | 3 months |
| 4 | Theft | 10 years | 1 year | 3 months |
| 5 | Theft | 10 years | 6 months | 2 months |
| 6 | Prohibited person possess a firearm | 10 years | 2 years | 12 months |
| Related summary offences | ||||
| 5 | Commit an indictable offence on bail | 3 months or 30 penalty units | 1 month | 1 month |
| 8 | Prohibited person possess cartridge ammunition | 40 penalty units | $5000 fine | - |
| 12 | Drive without a licence | 6 months or 60 penalty units | 3 months | 3 months |
| 13 | Drive without a licence | 6 months or 60 penalty units | 3 months | - |
| Total Effective Sentence: | 7 years and 6 months’ imprisonment | |||
| Non-Parole Period: | 6 years | |||
| Section 6AAA Statement: | 10 years with 8 years non-parole | |||
Keep reading for free
Create a free CaseChat account to read Stowers v The King; Phillips v The King and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2022] VSCA 203
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to decide was whether these sentences were manifestly excessive. The appellants argued that the sentences imposed on them were outside the range of appropriate penalties for their respective crimes. They particularly focused on the 5-year sentence imposed for the extortion with threat to kill offence, asserting that it was disproportionately high. The court had to consider the totality of the appellants' offending and the seriousness of their crimes in determining the appropriate punishment.
In its reasoning, the court examined the sentences in light of the crimes committed. It considered the appellants' criminal histories, the severity of the offences, and the need to deter similar crimes in the future. The court found that the sentences were indeed outside the range of appropriate penalties. The court noted that the sentence for the extortion with threat to kill offence was particularly disproportionate, as it was significantly longer than sentences typically imposed for such offences. Consequently, the appeals were allowed, and the appellants were resentenced to terms that the court deemed more appropriate.
The final orders of the court involved resentencing the appellants. Stowers and Phillips were each resentenced to reflect a more proportionate punishment, taking into account the totality of their offending and the principles of sentencing. The specifics of their new sentences were not detailed in the summary provided, but it was clear that the court had adjusted the sentences to better align with the range of penalties appropriate for their crimes.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.