R v Raad

(2006) 15 VR 338; [2006] VSCA 67

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Leave to appeal
5. › Application heard by single judge of appeal
6. › Test to be applied
7. › Whether sole test is that ground is 'reasonably arguable'
8. › Whether additional requirement that ground have reasonable prospect of leading to lesser sentence
9. › Crimes Act 1958 (Vic), ss 567(d), 568(4), 582
1. Criminal Law
2. › Sentencing
3. › Totality principle
4. › Multiple sentences in different courts
5. › Whether sentencing judge adequately considered totality
6. › Whether different sentence should be passed
1. Criminal Law
2. › Sentencing
3. › Obtaining property by deception
4. › Credit card fraud
5. › Wholesale fraud involving skimmed credit card information
6. › General deterrence

Quick Take

On an application for leave to appeal against sentence under s 582 of the Crimes Act 1958 (Vic), the general rule is that a single judge should grant leave if there is a reasonably arguable ground, even if the judge considers the ground would probably not succeed or that no different sentence would be passed. The single judge should not apply an additional test of whether the arguable ground could result in a lesser sentence. However, this was a 3-2 decision on the test, with Buchanan and Vincent JJA preferring the additional requirement.