William Mansfield v The Queen

[2012] HCASL 120

WILLIAM MANSFIELD

v

THE QUEEN

[2012] HCASL 120

M137/2011

1. The applicant pleaded guilty in the County Court of Victoria to one count of armed robbery (Count 1) and one count of being a prohibited person carrying an unregistered firearm (Count 2).  The charges related to a robbery on 1 September 2008 at the Goulburn Murray Credit Union.  The maximum penalty for the crime of armed robbery to which the applicant pleaded guilty was 25 years' imprisonment.

2. On 4 December 2009, the applicant was sentenced by Judge Mullaly to 14 years' imprisonment on Count 1 and two years' imprisonment on Count 2, with partial cumulation of the sentence imposed on Count 2 of three months.  A non‑parole period of 11 years was fixed.  In sentencing submissions, the applicant admitted 21 prior convictions, including three for armed robbery committed in Victoria and two for "robbery whilst armed" committed in New South Wales. 

3. The applicant appealed to the Court of Appeal of the Supreme Court of Victoria by leave on the ground that the sentence imposed was manifestly excessive.  The Court of Appeal (Bongiorno JA and Whelan AJA) dismissed the applicant's appeal. 

4. The applicant applies to this Court for special leave to appeal against the orders of the Court of Appeal on the following two grounds: that the Court of Appeal erred in law by failing to have regard to current sentencing practices, as required by s 5(2)(b) of the Sentencing Act 1991 (Vic); and that it erred in law by failing to conclude that the sentencing judge's order for partial cumulation of the sentence imposed for Count 2 upon the sentence imposed on Count 1 amounted to double punishment of the applicant.

5. The special leave application to this Court is brought out of time and the applicant seeks an order under r 41.02.2 of the High Court Rules 2004 dispensing with the need to comply with the time limit in r 41.02.1.

6. The application relates to a sentencing appeal and the applicant has not identified any question of principle suitable for determination by this Court, or any matter concerning the administration of justice, which would warrant a grant of special leave. 

7. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application.

8          K.M. Hayne

9          15 August 2012

10  S.M. Crennan