SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0257
| RHYS YOUNG | Applicant |
| v | |
| THE QUEEN | Respondent |
S APCR 2014 0258
S APCR 2014 0287
| MICHAEL DOBLE | Applicant |
| v | |
| THE QUEEN | Respondent |
S APCR 2014 0259
| TRAVIS RANDALL | Applicant |
| v | |
| THE QUEEN | Respondent |
S APCR 2014 0260
| MICHAEL STROJEK | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | OSBORN, BEACH and McLEISH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 7, 8 September 2015 |
| DATE OF JUDGMENT: | 22 September 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 265 |
| JUDGMENT APPEALED FROM: | DPP v Doble (Unreported, County Court of Victoria, Judge Chettle, 27 October 2014) |
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CRIMINAL LAW – Conviction – Applications for leave to appeal against conviction – Joint trial – Four accused (Y, D, R and S) – Kidnapping – False imprisonment – Theft of motor vehicle – Joint criminal enterprise – Applications for separate trials refused – Evidence admissible against one accused not admissible against other accused – Exercise of discretion – Discretion exercised correctly – Jury correctly directed – No miscarriage of justice – Application for leave to appeal refused.
CRIMINAL LAW – Conviction – Application for leave to appeal against conviction – Evidence – Witnesses – Unreliable witness – Whether judge erred in failing to give a direction about the unreliability of the complainant – Good reasons for not giving jury warning that evidence may be unreliable – Evidence Act 2008, s 165 – No error in failing to warn jury that complainant’s evidence may be unreliable – Application for leave to appeal refused.
CRIMINAL LAW – Sentence – Applications for leave to appeal against sentence – Y sentenced to total effective sentence of 7 years and 9 months with non-parole period of 5 years and 6 months – D sentenced to total effective sentence of 7 years and 6 months with non-parole period of 5 years and 3 months – R sentenced to total effective sentence of 8 years and 6 months with non-parole period of 6 years and 3 months – S sentenced to a total effective sentence of 7 years with a non-parole period of 4 years and 3 months – Whether sentences manifestly excessive – Totality – Parity – Comparison of roles – Comparison of personal circumstances – Sentences on Y, D and S for theft of motor vehicle ordered by sentencing judge to be served cumulatively on other sentences – Cumulation excessive – Applications of Y, D and S granted and appeals allowed for purpose of reducing order for cumulation in respect of theft of motor vehicle charges – Sentences not otherwise manifestly excessive – Parity principles not infringed – No error as to totality – Appeals otherwise dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant, Young | Mr M D Stanton | Robert Stary Lawyers |
| For the Applicant, Doble | Mr S Johns with Ms A Cannon | Greg Thomas Barrister and Solicitor |
| For the Applicant, Randall | Mr D Cronin | Emma Turnbull Lawyers Pty Ltd |
| For the Applicant, Strojek | Mr A S Dickenson | Ann Valos Criminal Law |
| For… |
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- AGLC
- Young v The Queen [2015] VSCA 265
- Case
- [2015] VSCA 265
- Decision Date
CaseChat Overview and Summary
The court found that the trial judge exercised their discretion correctly in denying separate trials and admitting evidence against each accused, as there was no prejudice caused to any of the applicants. The court also held that the jury was correctly directed and that no miscarriage of justice occurred. Furthermore, the court ruled that the trial judge did not err in failing to warn the jury about the potential unreliability of the complainant's evidence, as there were good reasons for not doing so.
The applicants also appealed against their sentences. Young, D, and S argued that the cumulative sentences for theft of a motor vehicle were excessive, while R argued that their overall sentence was manifestly excessive. The High Court found that the sentences for Young, D, and R were not manifestly excessive and did not infringe upon the principles of parity. However, the court did find that the cumulation of sentences for theft of a motor vehicle for Young, D, and S was excessive. Consequently, the appeals of Young, D, and S were allowed for the purpose of reducing the order for cumulation in respect of the theft of motor vehicle charges, while the other appeals were dismissed.
In summary, the High Court of Australia found no errors in the trial judge's exercise of discretion or in the directions given to the jury, and refused the applications for leave to appeal against the convictions. The court also held that the sentences for Young, D, and R were not manifestly excessive, but did find the cumulation of sentences for theft of a motor vehicle for Young, D, and S to be excessive, allowing the appeals for the purpose of reducing the order for cumulation.
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
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Ratio Decidendi
Legal Principle Established
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