R v G M T

[2006] VSCA 13

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Maintaining a sexual relationship with child under 16
5. › Whether sentence manifestly excessive
6. › Relevance of plea of guilty, delay, rehabilitation, remorse, good character, nature of interference, partial forgiveness of victim
1. Criminal Law
2. › Sentence
3. › Scope of sentencing
4. › Whether sentencing judge entitled to take into account conduct outside period alleged in presentment
5. › Uncharged acts as context
6. › Offence created by statute after commencement of offending
1. Criminal Law
2. › Sentence
3. › Prevalence of offending
4. › Whether evidentiary basis required for finding of prevalence
5. › Whether prevalence of sexual abuse of children by parents is notorious
1. Criminal Law
2. › Sentence
3. › Victim's views on sentence
4. › Whether sentencing judge required to give weight to victim's expressed wish as to length of sentence

Quick Take

A sentencing judge may refer to uncharged conduct occurring before the period covered by a presentment as narrative context, particularly where relevant to psychiatric evidence on rehabilitation and reoffending risk. The attitude of the victim to the magnitude of sentence is usually to be disregarded. A finding of prevalence to justify weight given to general deterrence requires an evidentiary basis unless the prevalence is notorious. A sentencing judge is not bound to accept expert evidence on the likelihood of reoffending and may form a contrary view based on caveats and reservations within the expert reports themselves.