SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0168
| ANDI YOUNAN | Appellant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES: | REDLICH and TATE JJA and CROUCHER AJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 13 June 2017 |
| DATE OF JUDGMENT: | 18 August 2017 |
| MEDIUM NEUTRAL CITATION: | [2017] VSCA 207 |
| JUDGMENT APPEALED FROM: | [2016] VCC 1020 (Judge Ryan) |
---
CRIMINAL LAW – Sentence – Armed robbery (two charges), conspiracy to commit armed robbery (one charge) and being a prohibited person in possession of a firearm (two charges) – Total effective sentence of six years and eight months’ imprisonment – Non-parole period of four years and four months – Manifest excess – Whether judge erred in approach to conspiracy charge – Venue closed – Redirected planning to second armed robbery 15 minutes later – Risk of double punishment – Prospects of rehabilitation – Appeal allowed – Re-sentenced to a total effective sentence of five years and five months’ imprisonment – Non-parole period of three years and six months.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr C T Farrington | Stary Norton Halphen |
| For the Crown | Mr B F Kissane QC | Mr J Cain, Solicitor for Public Prosecutions |
REDLICH JA
TATE JA:
The appellant pleaded guilty to two charges of armed robbery, one charge of conspiracy to commit armed robbery, and two charges of prohibited possession of a firearm. He was sentenced in the County Court on 25 July 2016 as follows:[1]
[1]DPP v Younan [2016] VCC 1020 (‘Reasons’).
Charge Offence Maximum Sentence Cumulation 1 Prohibited person possess firearm [s 5(1) Firearms Act 1996] 10 years’ imprisonment 12 months’ imprisonment 4 months 2 Armed robbery [s 75A(1) Crimes Act 1958] 25 years’ imprisonment 3 years’ imprisonment 18 months 3 Conspiracy to commit armed robbery [ss 321(1) and 75A(1) Crimes Act 1958] 25 years’ imprisonment 3 years’ imprisonment 18 months 4 Armed robbery [s 75A(1) Crimes Act 1958] 25 years’ imprisonment 3 years’ imprisonment Base [[2]] 5 Prohibited person possess firearm [s 5(1) Firearms Act 1996] 10 years’ imprisonment 12 months’ imprisonment 4 months Total effective sentence 6 years and 8 months’ imprisonment Non-parole period 4 years and 4 months Pre-sentence detention declared 724 days 6AAA statement: 9 years and 6 months’ imprisonment with a non-parole period of 6 years [2]The table is prepared in accordance with the Record of Orders of the County Court. The submissions of both Younan and the Crown mistakenly treated the sentence on charge 2 as the Base. The mistake is not material.
The appellant relies on two grounds of appeal:
(1) The judge erred in that:
(a) the individual sentences imposed are manifestly excessive;
(b)the orders for cumulation resulted in a sentence that is manifestly excessive;
(c)the total effective sentence of 6 years and 8 months’ imprisonment is manifestly excessive;
(d)the non-parole period of 4 years and 4 months is manifestly excessive.
(2) The learned sentencing judge erred in accepting that the applicant was a high risk of general reoffending, and…
Continue reading Younan v The Queen
Sign in free to access the full text
- AGLC
- Andi Younan v The Queen [2017] VSCA 207
- Case
- [2017] VSCA 207
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the judge's consideration of the conspiracy charge was appropriate, given that the planning for the second armed robbery was redirected just 15 minutes after the venue closed. Additionally, the court needed to assess the risk of double punishment for the conspiracy charge and consider the prospects of rehabilitation in light of the appellant's background and potential for reform.
The court found that the judge did indeed err in their approach to the conspiracy charge, leading to an overall sentence that was manifestly excessive. The court held that the risk of double punishment and the prospects of rehabilitation were not adequately weighed. As a result, the appeal was allowed, and the appellant was re-sentenced to a total effective term of five years and five months' imprisonment, with a non-parole period of three years and six months.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.