SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2011 0184
| STEVEN WILSON | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES | REDLICH and WEINBERG JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 1 March 2012 |
| DATE OF JUDGMENT | 8 March 2012 |
| MEDIA NEUTRAL CITATION | [2012] VSCA 40 |
| JUDGMENT APPEALED FROM | DPP v Wilson (Unreported, County Court of Victoria, Judge Leckie, 7 July 2011) |
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ELECTION TO HAVE APPLICATION DETERMINED BY THE COURT OF APPEAL
PURSUANT TO S 315(2) OF THE CRIMINAL PROCEDURE ACT 2009
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CRIMINAL LAW – Sentence – Three stalking offences – Photographs of victims from various social networking websites posted on pornographic sites – Whether sentencing judge made factual errors about the number of times the applicant linked particular victim to pornographic sites – Whether plea of guilty under duress – Whether sentencing judge misused victim impact statement which referred also to earlier stalking offence against same person – Whether sentencing judge failed to give proper weight to time the applicant spent in custody after his non-parole period for other offences had expired – Whether judge failed to give sufficient weight to principle of totality – Application for leave to appeal refused.
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| Appearances: | Counsel | Solicitors |
| For the Applicant | The Applicant appeared in person | |
| For the Respondent | Mr M Roper | Mr C Hyland, Solicitor for Public Prosecutions |
REDLICH JA
WEINBERG JA:
The applicant pleaded guilty in the County Court at Wangaratta to three charges of stalking, contrary to s 21A of the Crimes Act 1958. The maximum penalty for that offence is 10 years’ imprisonment.
On 7 July 2011 he was sentenced as follows:
Charge 1 10 months’ imprisonment Charge 2 3 months’ imprisonment Charge 3 6 months’ imprisonment
The sentencing judge ordered that two months of the sentence imposed on charge 2 and three months of the sentence imposed on charge 3 be served cumulatively upon each other and upon the sentence imposed on charge 1. The total effective sentence was 15 months’ imprisonment. A non-parole period of six months was fixed. His Honour made a declaration to the effect that the applicant had been in custody for 66 days in respect of these offences.
The applicant sought leave to appeal against that sentence. On 26 October 2011, Neave JA refused that application. Her Honour concluded that none of the grounds upon which the applicant relied was reasonably arguable.
The applicant has elected, pursuant to s 315(2) of the Criminal Procedure Act 2009, to renew his application, and have this Court consider afresh the question whether leave to appeal should be granted.
The circumstances of the offending were set out in some detail in a statement of agreed facts that was tendered on the plea. However, before turning to what was contained in that statement, it should be noted that the applicant had, between July 2006 and September 2007, committed a number of offences, including stalking, producing and possessing child pornography, and using the postal service for the purpose of harassment. He was charged with those…
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- AGLC
- Wilson v The Queen [2012] VSCA 40
- Case
- [2012] VSCA 40
- Decision Date
CaseChat Overview and Summary
The court examined the grounds for appeal and found that the applicant's arguments lacked merit. The court concluded that there were no factual errors made by the sentencing judge concerning the number of times the applicant linked a particular victim to pornographic sites. Regarding the plea of guilty, the court found no evidence to support the claim that it was made under duress. The court also determined that the sentencing judge did not misuse the victim impact statement and had appropriately weighed the time the applicant spent in custody post-non-parole period. The court further found that the sentencing judge had considered the principle of totality in the sentencing process.
Accordingly, the court refused the application for leave to appeal. The reasoning was that none of the grounds for appeal had a reasonable chance of success, and there were no grounds that demonstrated the applicant’s sentence was manifestly excessive or inadequate. The court upheld the original sentencing, affirming the judge's approach and considerations during the sentencing process.
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