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Judgment summary - Younan v The Queen [2017] VSCA 12

The Court of Appeal has reduced the sentence imposed on a 22 year old offender charged with 7 offences relating to a succession of ‘very serious’ armed robberies, which involved threats, weapons and multiple victims, and resulted in large volumes of money being stolen. 

Mr Younan had made frank admissions to his offending. Without those admissions it would have been impossible to charge him, as the prosecution had no other evidence implicating him. Mr Younan had originally been sentenced to 9 years and 9 months’ imprisonment, which was reduced to 7 years with a non-parole period of 4 years and 6 months.

The admissions made by Mr Younan entitled him to a significant reduction in his sentence, based on his admissions provided to the police. Public policy requires that offenders should be encouraged to admit their crimes by granting them transparently substantial reductions in sentence.

The Court found that his admissions, as well as the ‘constellation of powerful mitigating features’, including his youth, the absence of any previous criminal history, his strong sense of remorse, his cooperation with investigators and early plea, and good prospects of rehabilitation, ought to have resulted in sentences that were significantly less than those imposed. 

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NOTE:  This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons.  The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the published reasons for judgment.

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Author: Supreme Court of Victoria
Publisher: Supreme Court of Victoria
Date of Publication: March 2017
Copyright: Supreme Court of Victoria, 2017

 

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