| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0006 |
| ALEXANDROS TSEROS | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | PRIEST and MACAULAY JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 7 August 2023 |
| DATE OF JUDGMENT: | 7 August 2023 |
| MEDIUM NEUTRAL CITATION: | [2023] VSCA 179 |
| JUDGMENT APPEALED FROM: | DPP v Hassan & Anor [2022] VCC 1842 (Judge Gucciardo) |
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CRIMINAL LAW – Appeal – Sentence – Aggravated burglary and recklessly causing injury and other offences – Entry to premises of blind and vulnerable – Gratuitous injury to victim – Whether individual sentence of four years’ imprisonment for aggravated burglary manifestly excessive – Whether total effective sentence of 5 years’ imprisonment with 3 year non-parole period manifestly excessive – Leave to appeal against sentence refused.
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| Counsel | |||
| Applicant | Ms MJ Brown | ||
| Respondent | Mr PL Bourke KC | ||
| Solicitors | |||
| Applicant | Nelson Brown Legal | ||
| Respondent | Ms A Hogan, Solicitor for Public Prosecutions | ||
PRIEST JA
MACAULAY JA:
Introduction
On 4 April 2022, the applicant, now aged 31 years,[1] pleaded guilty before a judge of the County Court to aggravated burglary[2] (charge 2); recklessly causing injury[3] (charge 3); theft[4] (charge 4); possessing two or more firearms[5] (charge 5); cultivating a narcotic plant[6] (charge 6); and possessing a drug of dependence[7] (charge 7); and to related summary offences of committing an indictable offence whilst on bail[8] (charge 8); possessing cartridge ammunition[9] (charge 12); and possessing a prohibited weapon[10] (charge 15).
[1]His date of birth is 20 December 1991.
[2]Crimes Act 1958, s 77. The maximum penalty is 25 years’ imprisonment.
[3]Crimes Act 1958, s 18. The maximum penalty is five years’ imprisonment.
[4]Crimes Act 1958, s 74. The maximum penalty is 10 years’ imprisonment.
[5]Firearms Act 1996, s 7C. The maximum penalty is 10 years’ imprisonment.
[6]Drugs Poisons and Controlled Substances Act 1981, s 72B. The maximum penalty is one year’s imprisonment if the court is satisfied that cultivation is not for a purpose related to trafficking; or in any other case, 15 years’ imprisonment.
[7]Drugs Poisons and Controlled Substances Act 1981, s 73. The maximum penalty is five penalty units if the court is satisfied that no more than a ‘small quantity’ of cannabis was possessed; one year’s imprisonment if the court is satisfied that possession was not for a purpose related to trafficking; or in any other case, five years’ imprisonment.
[8]Bail Act 1977, s 30B. The maximum penalty is three months’ imprisonment.
[9]Firearms Act 1996, s 124. The maximum penalty is 40 penalty units.
[10]Control of Weapons Act 1990, s 5AA. The maximum penalty is two years’ imprisonment.
After a plea in mitigation, on 21 October 2022 the judge sentenced the applicant to a total effective sentence of five years’ imprisonment, with a non-parole period of three years, in accordance with the following table:
Charge
Offence
Sentence
Cumulation
2
Aggravated burglary
4 years
Base
3
Recklessly causing injury
18 months
9 months
4
Theft
6 months
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- AGLC
- Tseros v The King [2023] VSCA 179
- Case
- [2023] VSCA 179
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed by the trial judge was manifestly excessive. The appellant contended that the sentence was disproportionately severe, particularly in light of the mitigating factors, such as his early guilty plea and the fact that he was a first-time offender. The court was required to consider whether the trial judge had erred in the exercise of discretion in imposing the sentence, and whether the sentence was so excessive as to shock the conscience of the court.
The court held that the sentence was not manifestly excessive. The trial judge had considered all relevant factors, including the gravity of the offences and the need for deterrence and denunciation. The gratuitous nature of the injury inflicted on the victim, who was blind and vulnerable, was a significant aggravating factor. The court found that the trial judge had appropriately balanced the aggravating and mitigating factors and had not erred in imposing the sentence. Consequently, the appeal against sentence was dismissed, and leave to appeal was refused.
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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