Till v The Queen

Case [2018] VSCA 122


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2017 0114

JAMES TILL Applicant
v
THE QUEEN Respondent

---

JUDGES: MAXWELL P, TATE and NIALL JJA
WHERE HELD: MELBOURNE
DATE OF HEARING: Determined on the papers
DATE OF JUDGMENT: 11 May 2018
MEDIUM NEUTRAL CITATION: [2018] VSCA 122
JUDGMENT APPEALED FROM: [2016] VCC 1976 (Judge Maidment)

---

CRIMINAL LAW  –  Sentence  –  Application for leave to appeal  –  Aggravated burglary  –  Armed robbery  –  Causing serious injury recklessly in circumstances of gross violence  –  Plea of guilty  –  Total effective sentence of 12 years’ imprisonment  –  Non-parole period of nine years  –  Whether judge erred in making adverse finding not proved beyond reasonable doubt  –  Whether procedural fairness denied  –  Whether judge erred in assessing applicant’s prospect of rehabilitation as no better than poor  –  Whether judge erred in failing to take into account that the sentence will be served in protective custody  –  Whether sentence manifestly excessive  –  Leave to appeal refused.

---

APPEARANCES: Counsel Solicitors
For the Applicant No appearance Giorgianni & Liang Lawyers
For the Respondent No appearance

John Cain, Solicitor for Public Prosecutions

MAXWELL P
TATE JA
NIALL JA:

  1. The applicant, James Till (‘Till’), applies for leave to appeal against the sentence imposed on him in the County Court, following a plea of guilty, on one charge of aggravated burglary, one charge of armed robbery, and one charge of causing serious injury recklessly in circumstances of gross violence.[1]  All offences arose out of the one incident involving Till and a co-offender, Charles Hi (‘Hi’), bursting into the flat of a 74 year old Turkish woman and violently assaulting her, including by Till hitting her with a metal bar and waving a knife around, while yelling at her as to where she kept her money and where was the ‘ice’. 

    [1]DPP v Till [2016] VCC 1976 (‘Sentencing reasons’).

  1. Till was sentenced as follows:

Charge on

Indictment

Offence Maximum Sentence Cumulation
1 Aggravated burglary [s 77(1) Crimes Act 1958] (‘CA’) 25y [s 77(2) CA] 8y Base
2 Armed robbery [s 75A(1) CA] 25y [s 75A(2) CA] 7y 1y
3 Causing serious injury recklessly in circumstances of gross violence [s 15B(1) CA] 15y [s 15B(1) CA] 7y 3y
Total Effective Sentence 12y
Non-Parole Period: 9y
(1) of the Sentencing Act 1991Pre-Sentence detention declaration pursuant to s 18: 476 days
6AAA Statement: 16y, with non-parole period of 13y
Other relevant orders: Disposal Order
  1. Hi, who also pleaded guilty, was sentenced as follows:

Charge on

Indictment

Offence Maximum Sentence Cumulation
1 Aggravated burglary [s 77(1) CA] 25y [s 77(2) CA] 7y Base
2 Armed robbery [s 75A(1) CA] 25y [s 75A(2) CA] 6y 1y
3 Causing serious injury recklessly in circumstances of gross violence [s 15B(1) CA] 15y [s 15B(1) CA] 6y 2y
Total Effective Sentence 10y
Non-Parole Period: 7y
(1) of the Sentencing Act 1991Pre-Sentence detention declaration pursuant to s 18: Nil
6AAA Statement: 13y,…

Continue reading Till v The Queen

Sign in free to access the full text

Details
AGLC
Till v The Queen [2018] VSCA 122
Case
[2018] VSCA 122
Decision Date

CaseChat Overview and Summary

The case of Till v The Queen involves the defendant, Till, who had pleaded guilty to charges of aggravated burglary, armed robbery, and causing serious injury recklessly in circumstances of gross violence. The High Court of Australia was asked to determine whether Till was entitled to leave to appeal against the sentence imposed by the lower court, which was a total effective sentence of 12 years’ imprisonment with a non-parole period of nine years. The legal issues before the court were whether the judge had erred in making an adverse finding that was not proved beyond reasonable doubt, whether procedural fairness had been denied, whether the judge had erred in assessing the applicant’s prospect of rehabilitation as no better than poor, whether the judge had failed to take into account that the sentence would be served in protective custody, and whether the sentence was manifestly excessive.

The court found that the judge had not erred in making an adverse finding that was not proved beyond reasonable doubt, as the evidence supported the finding that the applicant had been armed during the commission of the offences. The court also found that procedural fairness had not been denied, as the applicant had been given an opportunity to present evidence and arguments in mitigation of sentence. Regarding the assessment of the applicant’s prospect of rehabilitation, the court found that the judge had not erred in assessing the applicant’s prospects as no better than poor, as the evidence supported this assessment. The court also found that the judge had not failed to take into account that the sentence would be served in protective custody, as the judge had considered this factor in imposing the sentence. Finally, the court found that the sentence was not manifestly excessive, as it was within the range of sentences that could be imposed for the offences committed.

In conclusion, the High Court of Australia refused the applicant’s application for leave to appeal against the sentence imposed by the lower court. The court found that the sentence was not manifestly excessive, and that the judge had not erred in making an adverse finding that was not proved beyond reasonable doubt, denying procedural fairness, assessing the applicant’s prospect of rehabilitation as no better than poor, or failing to take into account that the sentence would be served in protective custody. The orders of the lower court were upheld.

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.