Case Primary Sentence Nature of Outcome Successful New sentence Date of Bench charge(s) appeal of appeal ground (if (if any) judgment any) Gale v the Queen Pleaded guilty to Four years and Appeal Allowed Manifest Three years and 7 August Weinberg, [2014] VSCA 168 stalking (two six months’ against Excess 10 months’ 2014 Whelan and charges), imprisonment, sentence imprisonment, Beach JJA aggravated non-parole non-parole burglary (one period of two period of one charge) and years and six year and 10 threatening to months months inflict serious injury (one charge) Fernandez v Pleaded guilty to Four years and Appeal Allowed Manifest Four 7 August Weinberg the Queen trafficking a drug four months’ against excess imprisonment, 2014 and Priest [2014] VSCA 169 of dependence imprisonment, sentence non-parole JJA (methyl non-parole period of two amphetamine) period of two years and six (one charge), years and 10 months possessing a months drug of dependence (testosterone) (one charge), common assault (one charge) and stalking (one charge)
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
criminal%2Bappeals%2Btable%2Bmay-june-july-august%2B2014%2B%28final%29.docx