SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2010 0131 |
| BENJAMIN THORPE |
| v |
| THE QUEEN |
| and |
| S APCR 2010 0132 |
| RACHAEL WARD |
| v |
| THE QUEEN |
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JUDGES: | BUCHANAN and TATE JJA and SIFRIS AJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 20 September 2011 | |
DATE OF ORDER: | 11 November 2011 | |
MEDIUM NEUTRAL CITATION: | [2011] VSCA 346 | |
JUDGMENT APPEALED FROM: | DPP v Thorpe & Anor (Unreported, County Court of Victoria, Judge Taft, 29 April 2010) (Thorpe) DPP v Thorpe & Anor (Unreported, County Court of Victoria, Judge Taft, 29 April 2010) (Ward) | |
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CRIMINAL LAW – Leave to appeal against sentence – Armed Robbery – Theft and Dishonesty Offences - Whether judge had proper regard to the principle of parity – No justifiable grievance – Leave refused – No point of principle.
CRIMINAL LAW – Leave to appeal against sentence – Armed Robbery – Theft and Dishonesty Offences – Whether judge had proper regard to principle of totality – Personal circumstances properly taken into account – No sentencing error – Leave refused – No point of principle.
CRIMINAL LAW – Leave to appeal against sentence – Fixing of parole period – Whether non-parole period appropriate – No sentencing error – Leave refused – No point of principle.
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| APPEARANCES: | Counsel | Solicitors |
For the Appellant Thorpe | Mr G F Meredith | Greg Thomas Barrister & Solicitor |
| For the Appellant Ward | Mr J E McLoughlin | Pica Criminal Lawyers |
| For the Respondent | Mr D A Trapnell SC | Mr C Hyland, Solicitor for Public Prosecutions (Ms A Renieris) |
BUCHANAN JA:
I agree with Sifris AJA.
TATE JA:
I also agree with Sifris AJA.
SIFRIS AJA:
Introduction
On 29 April 2010, after a trial in the County Court at Melbourne, the applicants, Benjamin John Thorpe (‘Thorpe’) and Rachael Colleen Ward (‘Ward’) were found guilty of armed robbery (‘the armed robbery offence’).
On 5 March 2010, Thorpe pleaded guilty to three other counts comprising theft of jewellery, obtaining property by deception and handling stolen goods (‘the jewellery offences’).
Thorpe was sentenced to 5 years’ imprisonment in relation to the armed robbery offence and after cumulation, a further 6 months in relation to the jewellery offences.
Thorpe seeks leave to appeal against his sentence.[1]
[1]An application for leave to appeal against conviction was abandoned and dismissed on 2 September 2011.
Ward was sentenced to 4 years and 2 months’ imprisonment in relation to the armed robbery offence. The sentencing judge indicated that Ward would have received 5 years, the same sentence as Thorpe, but was entitled to a reduction in order to provide for substantial concurrency between the armed robbery and the jewellery offences.
In relation to the jewellery offences, Ward had previously pleaded guilty to four counts. Three of the four counts were the same as Thorpe’s. She was sentenced by his Honour Judge Murphy on 21 January 2009 to 18 months’ imprisonment with a 10 month non-parole period. The sentence included one other unrelated charge to which Ward pleaded guilty.
Ward had served her sentence in full…
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- AGLC
- Thorpe v The Queen; Ward v The Queen [2011] VSCA 346
- Case
- [2011] VSCA 346
- Decision Date
CaseChat Overview and Summary
The appellant argued that the judge did not adequately consider the principle of parity when sentencing him for the armed robbery, theft, and dishonesty offences. He further contended that the judge failed to properly consider the principle of totality and his personal circumstances in determining the sentence. Additionally, the appellant challenged the appropriateness of the non-parole period imposed.
The Court found that the judge had properly considered the principle of parity and totality in sentencing the appellant. The Court also determined that the judge had taken into account the appellant's personal circumstances in determining the sentence. The Court further held that there was no error in the non-parole period imposed. As a result, the Court refused the appellant's application for special leave to appeal, finding that there was no point of principle of general importance.
The Court's decision in this case highlights the importance of considering the principles of parity and totality in sentencing, as well as the need to take into account the personal circumstances of the offender. Furthermore, the Court's refusal to grant leave to appeal in this case demonstrates the limited circumstances in which special leave will be granted.
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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