| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0149 |
| MARVIN YOUNIS | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | PRIEST, BEACH and BOYCE JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 11 April 2024 |
| DATE OF JUDGMENT: | 11 April 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 64 |
| JUDGMENT APPEALED FROM: | DPP v Younis [2023] VCC 1173 (Judge Carlin) |
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CRIMINAL LAW – Appeal – Sentence – Dangerous driving causing death – Driving at excessive speed into an intersection against a red light – Collision with vehicle also driving at excessive speed – Whether sentencing judge erred when assessing the moral culpability of the applicant and other driver – Whether principle of parity infringed – Leave to appeal refused.
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| Counsel | |||
| Applicant: | Mr G Chipkin | ||
| Respondent: | Mr J O’Connor | ||
Solicitors | |||
| Applicant: | Farrelly Legal | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
PRIEST JA
BEACH JA
BOYCE JA:
Introduction
Aitken Boulevard, oriented north-south, and James Mirams Drive, oriented east-west, in the northern Melbourne suburb of Greenvale, intersect. The intersection is regulated by traffic lights.
At about 2.03 am on Sunday, 25 November 2018, the applicant, then aged 25 years,[1] driving a 2008 Mitsubishi Lancer VRX sedan south on Aitken Boulevard, entered the intersection at excessive speed against a red light. A 2010 Volkswagen Golf GTI being driven west, in excess of the speed limit, by Jayson Ziro (for convenience, ‘Ziro’), then aged 18 years, collided with the passenger side of the applicant’s vehicle, at a point near the centre of the intersection. Jack Baho, aged 20 years, seated in the front passenger seat of the applicant’s vehicle, sustained a cervical spine injury from which he died.
[1]His date of birth is 25 November 1993.
On 26 September 2022, the applicant, by then aged 30, pleaded guilty in the County Court to a charge of dangerous driving causing the death of Jack Baho.[2] Following a plea hearing on 5 July 2023, the judge sentenced the applicant on 7 July 2023 to one year and 10 months’ imprisonment, with a non-parole period of 11 months.[3] The judge also cancelled the applicant’s driver’s licence for two years and six months from 7 July 2023.
[2]Crimes Act 1958, s 319(1). The maximum penalty is 10 years’ imprisonment.
[3]Pursuant to s 6AAA of the Sentencing Act 1991, the judge declared that, but for the plea of guilty, she would have sentenced the applicant to four years’ imprisonment with a non-parole period of three years.
Ziro had earlier pleaded guilty to a charge of dangerous driving causing death before the same judge on 9 March 2021. On 19 August 2021, the judge imposed a sentence of two years and two months’ imprisonment upon Ziro (that is, four months longer than the applicant’s head sentence) with a non-parole period of one year and two months (three months longer than the applicant’s non-parole period).[4] The judge also cancelled Ziro’s driver’s licence for two years from 19 August 2021.
[4]In Ziro’s case, the s 6AAA declaration was also four…
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- AGLC
- Younis v The King [2024] VSCA 64
- Case
- [2024] VSCA 64
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentencing judge had erred in assessing the moral culpability of both parties involved in the incident. The court considered whether it was appropriate to compare the culpability of the applicant with the culpability of the other driver, given that both were equally at fault for the dangerous driving that led to the fatal collision. The applicant argued that the sentencing judge had not adequately considered the principle of parity in sentencing. This principle requires that similarly situated offenders be treated similarly, and the applicant contended that the judge's approach to assessing culpability did not adhere to this principle.
The court found that the sentencing judge had correctly assessed the moral culpability of both the applicant and the other driver. It was determined that the judge had appropriately considered the circumstances of the incident and the culpability of each party. The court held that while the principle of parity is important, it does not require identical sentences for similarly situated offenders. Instead, it allows for differentiation based on individual circumstances. The court was satisfied that the judge had taken into account all relevant factors in arriving at the sentence and had not erred in the assessment of culpability. Consequently, the appeal was dismissed, and leave to appeal was refused.
No specific final orders were made beyond the refusal of leave to appeal and the dismissal of the appeal. The original sentence imposed by the sentencing judge remained in effect.
Orders
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