Jose v the Queen [2014] VSCA 90 Convicted of aggravated burglary (one charge) and intentionally causing serious injury (one charge) Six years and three months’ imprisonment, non-parole period of four years Appeal against conviction Dismissed N/A N/A 6 May 2014 Nettle, Redlich and Priest JJA Pasznyk v the Queen [2014] VSCA 87 Pleaded guilty to culpable driving causing death (one charge) and driving a motor vehicle while disqualified (one charge) 10 and six months’ imprisonment, non-parole period of eight years Appeal against sentence Dismissed N/A N/A 8 May 2014 Nettle, Redlich and Priest JJA Avery v the Queen [2014] VSCA 86 Convicted of sexual penetration against a child under 16 (three charges) Five years’ imprisonment, non-parole period of three years Appeal against sentence and conviction Dismissed N/A N/A 9 May 2014 Warren CJ, Redlich and Weinberg JJA
Haidari v the Queen [2014] VSCA 91 Pleaded guilty to people smuggling (one charge), organising and bringing groups of non-citizens into Australia (one charge), aggravated people smuggling (one charge) and importation of a marketable quantity of a border controlled drug (methamphetamine, one charge) 11 years and six months’ imprisonment, non-parole period of eight years Application for an extension of time to appeal against sentence Dismissed N/A N/A 9 May 2014 Weinberg and Santamaria JJA Patrick (a pseudonym) v the Queen [2014] VSCA 89 Convicted of indecent assault (six charges) and indecency (one charge) Six years and three months’ imprisonment, non-parole period of four years Appeal against conviction Dismissed N/A N/A 14 May 2014 and Tate JJA and Sifris AJA
non-parole O’Brien (a pseudonym) v the Queen [2014] VSCA 94 Convicted of sexual penetration of a child under the age of 16 (one charge) and indecent act with a child under the age of 16 (three charges) Four period of two years Appeal against conviction and sentence Appeal against sentence allowed; appeal against conviction dismissed Failure to take into account as a mitigating factor Three years’ imprisonment with a period of 18 months 21 May 2014 Nettle and Priest JJA v the Queen [2014] VSCA 96 Pleaded guilty to trafficking in a commercial quantity of a drug of dependence (amphetamine, one charge) Two years and nine months’ imprisonment, non-parole period of one year and six months Appeal against sentence Dismissed N/A N/A 22 May 2014 Neave and Weinberg JJA Pasinis v the Queen [2014] VSCA 97 Pleaded guilty to intentionally causing serious injury (two charges) Eight years’ imprisonment, non-parole period of six years Appeal against sentence Dismissed N/A N/A 22 May 2014 Neave JA and Kyrou AJA
Haddara v the Queen [2014] VSCA 100 Convicted of intentionally causing serious injury (one charge) and reckless conduct endangering a person (one charge) Eight years and six months’ period of five years and four months Appeal against conviction Dismissed N/A N/A 27 May 2014 Redlich, Weinberg and Priest JJA Kumar v the Queen [2014] VSCA 102 Pleaded guilty to rape (eight charges), sexual penetration by a worker at a facility of a person with a cognitive impairment (one charge), indecent act by a worker at a facility of a person with a cognitive impairment (one charge) and indecent assault (one charge) 18 years’ imprisonment, non-parole period of 15 years Application for an extension to appeal against conviction Dismissed N/A N/A 27 May 2014 Nettle, and Redlich JJA and Almond AJA
Case Primary charge(s) Sentence Nature of appeal Outcome of appeal Successful ground (if any) New sentence (if any) Date of judgment Bench Fram v the Queen [2014] VSCA 106 Convicted of recklessly causing serious injury (one charge) and affray (one charge) Two years nine months’ imprisonment, fifteen months of which was cumulated on existing sentences Appeal against conviction Dismissed N/A N/A 2 June 2014 Weinberg and JJA King v the Queen [2014] VSCA 107 Convicted of indecent act with a child under 16 (four charges), indecent act in the presence of a child under 16 (one charge), threat to inflictserious injury (one charge) and sexual penetration of a child under 16 (two charges) Seven years nine months’ imprisonment, non-parole period of five years six months; registrable sex offender, life reporting period Appeal against conviction Allowed Evidence of complainant BL inconsistent and improbable, resultant verdicts not reasonably open on the evidence Verdict of acquittal entered on both charges of sexual penetration of child under 16, other verdicts quashed and new ordered 3 June 2014 Redlich and Weinberg JJA and Sifris AJA Ulutui v the Queen [2014] VSCA 110 Convicted of kidnapping (one charge), recklessly causing injury (one charge), threat to kill (two charges), false imprisonment (one charge), blackmail (one charge) and intentionally causing injury (one charge) Five six months’ imprisonment, non-parole period of three years nine months Appeal against conviction Dismissed N/A N/A 4 June 2014 Neave, Redlich and Tate JJA
Warwick v the Queen [2014] VSCA 114 Convicted of intentionally causing serious injury (one charge) and conduct endangering life (one charge) Six years’ imprisonment, non-parole period of four years Application to appeal against sentence out of time Dismissed N/A N/A 6 June 2014 Priest and Beach JJA Haydar Ali v the Billal Ali v the Queen; Badr Ali v the Queen [2014] VSCA 117 Pleaded guilty to common law assault (three charges) and recklessly causing serious injury (one charge); Convicted of blackmail (one charge), kidnapping (one charge), robbery (two charges) and make threat to kill (one charge); Haydar Ali: also pleaded guilty to robbery (two charges) and common law assault (one charge); Billal Ali: also pleaded guilty to possessing a drug of dependence (one charge) Haydar Ali: Five years nine months’ imprisonment, non-parole period three years six months; Billal Ali: Five imprisonment, non-parole period of three years; Badr Ali: Five imprisonment, non-parole period of three years Appeal against conviction Dismissed N/A N/A 16 June 2014 Maxwell ACJ and Tate and Beach JJA
Mathis (a pseudonym) v the Queen [2014] VSCA 118 Convicted of incest (four charges), indecent act with a child under 16 (two charges) and attempted incest (one charge) Eight years’ imprisonment, non-parole period of six years Appeal against conviction Dismissed N/A N/A 16 June 2014 Maxwell ACJ and Neave JA and Kyrou AJA DPP (Cth) v Thai [2014] VSCA 122 Pleaded guilty to conspiracy to import a marketable quantity of a border controlled drug (heroin, one charge) and trafficking a marketable quantity of a controlled drug (heroin, one charge) Nine years’ imprisonment, non-parole period of five years Director’s appeal against sentence Dismissed N/A N/A 16 June 2014 Nettle and Beach JJA and Almond AJA Marrah v the Queen [2014] VSCA 119 Pleaded guilty to recklessly causing injury (one charge), rape (one charge) and make threat to kill (one charge) 12 years, period of ten years Appeal against sentence Allowed Manifest excess on two charges (RCSI and make threat to kill) conceded by the Nine years six months’ imprisonment, non-parole period of six years six months 18 June 2014 Redlich and Tate JJA
Velkoski v the Queen [2014] VSCA 121 Convicted of committing an indecent act with a child under 16 (15 charges) Four years eight months’ imprisonment, non-parole period of three years Appeal against conviction Allowed Verdicts unsafe and unsatisfactory: jury may have employed tendency reasoning in an inappropriate context Verdict of acquittal entered on two charges, other verdicts quashed and retrial ordered 18 June 2014 Redlich, Weinberg and Coghlan JJA DPP v Costa [2014] VSCA 116 Convicted of theft (two charges), aggravated burglary (one charge), intentionally cause injury (one charge), false imprisonment (common law, one charge) and rape (one charge) Ten years seven months’ imprisonment, non-parole period of five years Director’s appeal against sentence Allowed Non-parole period manifestly inadequate Ten seven months’ imprisonment, non-parole period of seven years 20 June 2014 Maxwell ACJ and Whelan and Priest JJA Zhou v the Queen [2014] VSCA 123 Pleaded guilty to conspiracy to dishonestly influence a Commonwealth Public Official (one charge) and having custody and control of material designed for making a false document (one charge) Four years seven months’ imprisonment, with release on recognisance after two years for a period of two years and seven months Appeal against sentence Dismissed N/A N/A 20 June 2014 Nettle and Beach JJA and Almond AJA
Rich v the Queen [2014] VSCA 126 Convicted of murder (common law, one charge) and armed robbery (one charge) Life imprisonment, non-parole period of 30 years Appeal against conviction and sentence Dismissed N/A N/A 20 June 2014 Nettle, Neave and Osborn JJA DPP (Cth) v Peng [2014] VSCA 128 Pleaded guilty to importing a commercial quantity of a border controlled drug (methamphetamine, one charge) 11 years’ imprisonment, non-parole period of seven years six months Director’s appeal against sentence Allowed Manifest inadequacy due to erroneous consideration of delay, possibility of deportation, isolation of foreign national from family and objective gravity of offending 13 years’ imprisonment, non-parole period of ten years 20 June 2014 Nettle, Redlich and Priest JJA
Evison v the [2014] VSCA 132 Pleaded guilty to common assault (common law, two charges), make threat to kill (one charge), use carriage service to menace (one charge), aggravated burglary (one charge), make threat to inflict serious injury (one charge), cause criminal damage (one charge) and breach intervention order (summary offence, one charge) Seven years three months’ imprisonment, non-parole period of five years three months Appeal against sentence Allowed Manifest excess, hypothesised to be possibly the result of a mistake as to the facts of one charge or insufficient weight to the principle of totality Five years nine months’ imprisonment, non-parole period of three years nine months 24 June 2014 Nettle, Tate and Beach JJA
DPP v Vella; DPP v Ray [2014] VSCA 140 Convicted of aggravated burglary (one charge) and false imprisonment (one charge) Vella: Three years three months’ imprisonment, non-parole period of one year nine months Ray: Three years six months’ imprisonment, non-parole period of two years Director’s appeal against sentence Dismissed N/A N/A 26 June 2014 Maxwell P and Whelan and Beach JJA
certain firearms offences Tasevski v the Queen [2014] VSCA 135 Pleaded guilty to intentionally cause injury (one charge) and intentionally cause serious injury (one charge) Nine years’ imprisonment, non-parole period of seven years Appeal against sentence Dismissed N/A N/A 27 June 2014 Nettle, Tate and JJA COURT OF APPEAL CRIMINAL APPEALS - JULY
Case Primary charge(s) Sentence Nature of appeal Outcome of appeal Successful ground (if any) New sentence (if any) Date of judgment Reid (a Pseudonym) v the [2014] VSCA 145 Convicted of incest (13 charges), produce child pornography (one charge) and indecent act with child under 16 or 17 under care, supervision or authority (one charge) 18 years and eight months’ imprisonment, non-parole period of 14 years eight months Appeal against sentence Allowed Manifest excess; the total effective sentence and period were outside the range of those properly open in the sound exercise of the sentencing discretion 14 years’ imprisonment, non-parole period of 10 years 1 July 2014 Maxwell P, Whelan and Priest JJA
Power v the Queen [2014] VSCA 146 Convicted aggravated burglary (one charge), armed robbery (one charge), false imprisonment (one charge), recklessly causing injury (one charge) and possessing an unregistered general category handgun (one charge) Eight years and two months’ imprisonment, non-parole period of six years Appeal against conviction Dismissed N/A N/A 4 July 2014 Redlich and Priest JJA and Robson AJA Ayol v the Queen [2014] VSCA 151 Convicted rape (one charge) and common assault (one charge) Four years and 11 months’ imprisonment, non-parole period of three years Appeal against conviction and sentence Dismissed N/A N.A 15 July 2014 Maxwell P, Redlich and Weinberg JJA
Kurt v the Queen [2014] VSCA 147 Convicted of kidnapping (one charge), recklessly causing injury (one charge), make threat to kill (two charges), imprisonment (one charge), blackmail (one charge), intentionally cause injury (one charge) and possession of a controlled weapon (one charge) Five years and six months’ imprisonment, non-parole period of three years and nine months Appeal against conviction Dismissed N/A N/A 17 July 2014 Weinberg and Santamaria JJA
Wagner v the Queen [2014] VSCA 157 Pleaded guilty to attempting to obtain property by deception (one charge), handling stolen goods (one charge), recklessly dealing with the proceeds of crime (three charges), possessing an unregistered firearm (one charge), possessing a drug of dependence (two charges, methylamphetamine and cannabis) Three years and two months’ imprisonment, non-parole period of 30 months Appeal against sentence Allowed Misstatement of the maximum sentence of various offences upon which the applicant was sentenced Three years and one month imprisonment, non-parole period of 30 months 21 July 2014 Maxwell P and Redlich and Osborn JJA Leddin v the Queen [2014] VSCA 155 Pleaded guilty to culpable driving causing death (one charge) Four and three months’ imprisonment, non-parole period of two years and three months Appeal against sentence Dismissed N/A N/A 22 July 2014 Weinberg, Whelan and Beach JJA
Sinn v the Queen [2014] VSCA 149 Pleaded guilty to trafficking in a drug of dependence (cannabis, commercial quantity, one charge) Five years’ imprisonment, non-parole period of three years and six months Appeal against sentence Allowed Total effective sentence offended against the parity principle Four years’ imprisonment, non-parole period of three years 23 July 2014 Nettle and Redlich JJA and Almond AJA Booysen v the Queen [2014] VSCA 150 Convicted of importing a marketable quantity of border controlled drug (cocaine, one charge) Eight years’ imprisonment, non-parole period of five years Appeal against conviction Dismissed N/A N/A 23 July 2014 Redlich JA and Almond AJA McPhee v the Queen [2014] VSCA 156 Pleaded guilty to murder (one charge) 20 imprisonment, non-parole period of 16 years Appeal against sentence Allowed Manifest excess 18 years’ imprisonment, non-parole period of 13 years 24 July 2014 Redlich and Priest JJA Mifsud v the Queen [2014] VSCA 160 Convicted of intentionally causing injury (one charge), common assault (one charge) and theft (one charge) 23 months’ imprisonment, suspended for 24 months Appeal against sentence Dismissed N/A N/A 24 July 2014 Redlich and Priest JJA
Miletto v the Queen [2014] VSCA 161 Pleaded guilty to trafficking not less than a commercial drug of dependence (methylamphetamine, one charge) Five years’ imprisonment, non-parole period of two years and six months Appeal against sentence Allowed Fresh evidence after sentencing Four years and six months’ imprisonment, non-parole period of two years and three months 31 July 2014 Whelan and Priest JJA Farah v the Queen [2014] VSCA 163 Convicted of robbery (one charge), threatening to kill (one charge) and false imprisonment (one charge) Three years and nine months’ imprisonment, non-parole period of two years Appeal against conviction Dismissed N/A N/A 31 July 2014 Whelan JA and Garde AJA COURT OF APPEAL CRIMINAL APPEALS - AUGUST
Case Primary charge(s) Sentence Nature of appeal Outcome of appeal Successful ground (if any) New sentence (if any) Date of judgment Bench Gale v the Queen [2014] VSCA 168 Pleaded guilty to stalking (two charges), aggravated burglary (one charge) and threatening to inflict serious injury (one charge) Four years and six months’ imprisonment, non-parole period of two years and six months Appeal against sentence Allowed Manifest Excess Three years and 10 months’ imprisonment, non-parole period of one year and 10 months 7 August 2014 Weinberg, Whelan and Beach JJA Fernandez v the Queen [2014] VSCA 169 Pleaded guilty to trafficking a drug of dependence (methyl amphetamine) (one charge), possessing a drug of dependence (testosterone) (one charge), common assault (one charge) and stalking (one charge) Four years and four months’ imprisonment, non-parole period of two years and 10 months Appeal against sentence Allowed Manifest excess Four imprisonment, non-parole period of two years and six months 7 August 2014 Weinberg and Priest JJA
Xibberas v the Queen [2014] VSCA 170 Pleaded guilty to theft (one charge), intentionally causing serious injury (one charge) and common assault (one summary charge) Five years and seven months’ imprisonment, non-parole period of three years and 11 months Appeal against sentence Allowed Manifest excess Five years’ imprisonment, non-parole period of three years 7 August 2014 Osborn and Priest JJA Blair (a pseudonym) v the Queen [2014] VSCA 175 Convicted incest (two charges) 10 years’ imprisonment, non-parole period of eight years Appeal against conviction and sentence Appeal against conviction dismissed. Appeal against sentence allowed. Manifest excess Seven years’ imprisonment, non-parole period of five years 15 August 2014 Weinberg, Whelan and Beach JJA
McNaughton v the Queen [2014] VSCA 174 Pleaded guilty to conspiracy to cultivate a drug of dependence (cannabis, one charge), trafficking in a drug of dependence (methyl amphetamine, ecstasy, cocaine, MDA, LSD, five charges), possession of substances and equipment for trafficking (one charge) and possession of a precursor chemical (one charge) Six years and four months’ imprisonment, non-parole period of three years and 10 months Appeal against sentence Dismissed N/A N/A 18 August 2014 Hansen and Priest JJA
Walker v the Queen [2014] VSCA 177 Convicted recklessly causing injury (two charges) months’ imprisonment, 18 months’ community corrections order Appeal against conviction Allowed Risk that the jury could or would have been improperly influenced by the evidence of the appellant’s prior imprisonment Convictions quashed, matter remitted 18 August 2014 Weinberg, Osborn and Priest JJA Allen v the Queen [2014] VSCA 177 Convicted dangerous driving causing death (one charge), dangerous driving causing serious injury (one charge), failing to stop after an accident (one charge) and failing to render assistance after an accident (one charge) Three years’ imprisonment, non-parole period of 18 months Appeal against conviction Dismissed N/A N/A 20 August 2014 Maxwell P, Neave and Kyrou JJA
Hendricks v the Queen [2014] VSCA 185 Convicted of cultivating a narcotic in a commercial quantity (one charge) 18 months’ imprisonment, six months suspended for a period of 18 months Appeal against sentence Allowed Fresh Evidence Eight months’ imprisonment 21 August 2014 Redlich and Weinberg JJA Giles v the Queen [2014] VSCA 183 Convicted of murder (one charge), theft (two charges) and arson (one charge) 26 years’ imprisonment, non-parole period of 21 years Appeal against sentence Dismissed N/A N/A 22 August 2014 Ashley JA Mike Hanna v the Queen; Mohamed Mohamed v the Queen; Ahmed Mohamed v the Queen [2014] VSCA 187 Hanna was convicted of kidnapping (one charge), false imprisonment (one charge) and intentionally causing injury (one charge) Nine and six months’ imprisonment, non-parole period of seven years Appeal against conviction and sentence Appeal against conviction dismissed; Appeal against sentence dismissed N/A N/A 26 August 2014 Maxwell P, Neave and Priest JJA
Mike v the Queen; Mohamed Mohamed v the Queen; Ahmed Mohamed v the Queen [2014] VSCA 187 Mohamed Mohamed was convicted of kidnapping (one charge), false imprisonment (one charge) and intentionally causing injury (one charge) Nine years and six months’ imprisonment, non-parole period of seven years Appeal against conviction and sentence Appeal against conviction dismissed; Appeal against sentence allowed Different roles in the offending, relative youth and better prospects of rehabilitation should have resulted in different sentences to that of another offender Eight years’ imprisonment, non-parole period of five years and six months’ imprisonment 26 August 2014 Maxwell P, Neave and Priest JJA Mike Hanna v the Queen; Mohamed Mohamed v the Queen; Ahmed Mohamed v the Queen [2014] VSCA 187 Ahmed Mohamed was convicted of kidnapping (one charge), false imprisonment (one charge) and intentionally causing injury (one charge) Nine years and six months’ imprisonment, non-parole period of seven years Appeal against conviction and sentence Appeal against conviction dismissed; Appeal against sentence allowed Different in the offending, relative youth and better prospects of rehabilitation should have resulted in different sentences to that of another offender years’ imprisonment, non-parole period of five years and six months’ imprisonment 26 August 2014 Maxwell P, Neave and Priest JJA
Lewis v the Queen [2014] VSCA 188 Convicted of lodging a document with ASIC that is misleading in a material respect due to an omission under s 1308(2) of the Corporations Act 2001 (Cth) (one charge) 12 months’ suspended sentence Appeal against conviction Dismissed N/A N/A 26 August 2014 Maxwell P, Weinberg and Kyrou JJA
Saleem v the Queen [2014] VSCA 190 Pleaded guilty to attempting to pervert the course of justice (one charge) 14 months’ imprisonment, wholly cumulative upon sentences imposed for other offences on appeal from the County Court, total effective sentence of 20 months’ imprisonment, and non-parole period of 10 months. Appeal against sentence Allowed Manifest excess as the order for cumulation produced an overall sentence that does not reflect the principle of totality 14 months’ imprisonment, 10 months to be served cumulatively upon sentences imposed for other offences resulting in an effective total sentence of 16 months’ imprisonment, non-parole period of eight months. 26 August 2014 Redlich and Priest JJA
Pilgrim v the Queen [2014] VSCA 191 Pleaded guilty to of motor vehicles (one charge) stalking (one charge), false imprisonment (one charge), possession of explosive substances (one charge), aggravated burglary (one charge), intentionally causing injury (one charge), abduction (one charge), rape (four charges) and possession of child pornography (one charge) 23 years and six months’ imprisonment, non-parole period of 19 years Appeal against sentence Allowed Infringement of totality principle – aggregate sentence involved excessive orders for cumulation 18 years’ imprisonment, non-parole period of 14 years 28 August 2014 Nettle, Redlich JJA and Almond AJA
Curypko v the Queen [2014] VSCA 192 Pleaded guilty to intentionally causing serious injury (one charge) Five years’ imprisonment, non-parole period of two years and six months Appeal against sentence Dismissed N/A N/A 29 August 2014 Ashley and Neave JJA