| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0039 |
| RYAN TROWSDALE | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | TAYLOR JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 15 July 2024 |
| DATE OF JUDGMENT: | 22 July 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 168 |
| JUDGMENT APPEALED FROM: | DPP v Trowsdale [2022] VCC 1496 (Judge Lauritsen) |
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CRIMINAL LAW – Appeal – Sentence – Drug, firearm and family violence offending – Whether judge failed to give any weight to delay – Whether the judge failed to give any weight to the applicant’s impaired intellectual functioning – Application for leave to appeal refused.
DPP v Merryfull and Bloomfield [2023] VSCA 244; Stafford v The King [2022] VSCA 229; R v Verdins (2007) 16 VR 240; Brown v The Queen (2020) 62 VR 491; Muldrock v The Queen (2011) 244 CLR 120 referred to.
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| Counsel | |||
| Applicant: | Mr C Wareham | ||
| Respondent: | Ms E Ruddle KC | ||
Solicitors | |||
| Applicant: | Sarah Tricarico Lawyers | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
TAYLOR JA:
Introduction and overview
On 10 August 2022 the applicant pleaded guilty to numerous of drug, firearm, family violence and bail offences. On 7 September 2022 he was sentenced as follows.
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| Indictment K12502007.1 | ||||
| 1 | Trafficking in a Drug of Dependence – Commercial Quantity | 25 years’ imprisonment | 6 years’ imprisonment | Base |
| 2 | Possession of a Tablet Press | 5 years’ imprisonment and / or 600 penalty units | 1 year’s imprisonment | Nil |
| 3 | Prohibited Person Possess a Firearm | 10 years’ imprisonment | 1 year and 6 months’ imprisonment | 6 months |
| 4 | Possession of a Drug of Dependence | 1 year’s imprisonment and / or 30 penalty units | 1 month’s imprisonment | Nil |
| 5 | Failure to Provide Information or Assistance for Data Under Warrant | 5 years’ imprisonment | 6 months’ imprisonment | Nil |
| Related Summary Offence | ||||
| 7 | Possess Cartridge/Ammunition without Licence or Permit | 40 penalty units | $500 fine | N/A |
| Total Effective Sentence on Indictment K12502007.1: 6 years and 6 months’ imprisonment | ||||
| Indictment N10800402 | ||||
| 1 | Persistent Contravention of a Family Violence Intervention Order | 5 years’ imprisonment | 6 months’ imprisonment | Nil |
| 2 | Persistent Contravention of a Family Violence Intervention Order | 5 years’ imprisonment | 9 months’ imprisonment | Nil |
| 3 | Persistent Contravention of a Family Violence Intervention Order | 5 years’ imprisonment | 9 months’ imprisonment | 9 months |
| 4 | Destroying property | 10 years’ imprisonment | 1 month’s imprisonment | Nil |
| Related Summary Offences | ||||
| 5 | Commit Indictable Offence Whilst on Bail | 3 months’ imprisonment or 30 penalty units | 1 month’s imprisonment | Nil |
| 11 | Unlawful Assault | 3 months’ imprisonment or 15 penalty units | 3 months’ imprisonment | Nil |
| Total Effective Sentence on Indictment N10800402: 9 months’ imprisonment (of which 9 months is cumulative on the sentence imposed on Indictment K12502007.1) | ||||
| Global Total Effective Sentence: | 7 years and 3 months’ imprisonment | |||
| Non-Parole Period: | 4 years and 4 months | |||
| Pre-sentence Detention Declared: | 532 days | |||
| Section 6AAA Statement: | 10 years’ imprisonment with a non-parole period of 6 years | |||
| Other Relevant Orders: Forfeiture and Disposal Orders. | ||||
The applicant now seeks leave for an extension of time in…
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- AGLC
- Trowsdale v The King [2024] VSCA 168
- Case
- [2024] VSCA 168
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing principles and the relevant authorities, including DPP v Merryfull and Bloomfield, Stafford v The King, R v Verdins, Brown v The Queen, and Muldrock v The Queen. The court concluded that the trial judge had considered the delay and the appellant's impaired intellectual functioning, but did not err in the way they were weighed against other factors. The court found that the trial judge had appropriately exercised their discretion in imposing the sentence, taking into account all relevant factors, including the seriousness of the offending and the need for deterrence.
Accordingly, the court dismissed the appeal and refused the application for leave to appeal. The sentence imposed by the trial judge was upheld as appropriate and proportionate to the offending. The court held that the trial judge had not failed to give any weight to the delay or the appellant’s impaired intellectual functioning, and therefore, the appeal was unsuccessful.
Orders
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Background
Background to the litigation
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