SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2021 0144
| ASHTON VIDA (a pseudonym)[1] | Applicant |
| v | |
| THE QUEEN | Respondent |
[1]To ensure that there is no possibility of identification of the victim of sexual offending, this judgment has been anonymised by the adoption of a pseudonym in place of the applicant’s name.
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| JUDGES: | KYROU and T FORREST JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 14 December 2021 |
| DATE OF JUDGMENT: | 17 December 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 357 |
| JUDGMENT APPEALED FROM: | [2021] VCC 1314 (Judge Riddell) |
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CRIMINAL LAW – Appeal – Sentence – False imprisonment, intentionally causing injury and indecent assault – Total effective sentence 2 years and 7 months’ imprisonment with 3 year community correction order – Whether individual sentences, orders for cumulation and community correction order manifestly excessive – Leave to appeal refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Ms G F Connelly with Mr W Blake | McFarlane Criminal Lawyers |
| For the Respondent | Ms E Ruddle QC | Ms A Hogan, Solicitor for Public Prosecutions |
KYROU JA
T FORREST JA:
Introduction and summary
The applicant pleaded guilty on 20 July 2021 to the charges set out in the table below and, on 9 September 2021, he was sentenced by a County Court judge as set out in that table:[2]
[2]DPP v Vida (a pseudonym) [2021] VCC 1314 (‘Sentencing remarks’).
Charge Offence Maximum Sentence Cumulation 1 False imprisonment [Crimes Act 1958 s 320] 10 years 2 years Base 2 Intentionally causing injury [Crimes Act s 18] 10 years 18 months 3 months 3 Indecent assault [Crimes Act s 39] 10 years 20 months 4 months Total effective sentence: 2 years and 7 months’ imprisonment Pre-sentence detention declaration: 679 days Section 6AAA statement: 8 years’ imprisonment with a non-parole period of 6 years
The judge also ordered the applicant to serve a community correction order (‘CCO’) for a period of 3 years.[3] In addition to the mandatory terms, the CCO contains conditions requiring supervision, treatment and rehabilitation, and judicial monitoring.
[3]Having regard to the pre-sentence detention of 679 days, the prospective term of imprisonment to be served by the applicant was less than 12 months.
Due to the lengthy pre-sentence detention and accrued emergency management days, the applicant’s term of imprisonment is due to expire on 12 February 2022.
The applicant has sought leave to appeal against his sentence on the ground that the individual sentences, orders for cumulation and CCO are manifestly excessive in all the circumstances.
At the hearing of the application for leave to appeal, following the applicant’s oral submissions, we made an order refusing the application for leave to appeal without requiring the Crown to make oral submissions. We stated that we would publish our reasons in a few days’ time. These are our reasons.
Circumstances of the offending
The applicant and the victim met through a mutual friend on Facebook in early 2012 and messaged each other about the applicant’s tattoos. They were in contact for approximately three…
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- AGLC
- Vida (a pseudonym) v The Queen [2021] VSCA 357
- Case
- [2021] VSCA 357
- Decision Date
CaseChat Overview and Summary
The court found that the sentence was not manifestly excessive. In making this finding, the court noted that the offences were serious and had a significant impact on the victim. The court also considered the principles of totality and proportionality in sentencing. It concluded that the sentence was appropriate given the seriousness of the offences and the need for general deterrence. The court further noted that the sentence reflected the cumulative impact of the offences and the need to protect the community.
In dismissing the appeal, the court held that the sentence was not manifestly excessive and the appeal was refused. The court found that the sentence imposed was proportionate to the seriousness of the offences and did not result in a manifestly excessive punishment. The court also noted that the sentence took into account the need for general deterrence and the protection of the community. The appeal was therefore dismissed, and the original sentence was upheld.
No specific orders were made in relation to the appeal outcome, as the appeal was dismissed.
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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