Pilgrim v The Queen

[2014] VSCA 191

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Totality
4. › Multiple offences on single indictment
5. › Orders for cumulation
6. › Whether total effective sentence manifestly excessive
7. › Whether infringes principle of totality
8. › Sentencing Act 1991 (Vic), s 6E
1. Criminal Law
2. › Sentence
3. › Manifest excess
4. › Individual sentences
5. › Whether individual sentences for rape, aggravated burglary, abduction, stalking and causing injury intentionally manifestly excessive
6. › Crimes Act 1958 (Vic), ss 21A(1), 38(1), 55(a), 77(1), 18
1. Criminal Law
2. › Sentence
3. › Serious sexual offender
4. › Cumulation requirements
5. › Whether totality principle applies despite statutory requirement for cumulation
6. › Sentencing Act 1991 (Vic), s 6E

Quick Take

The totality principle continues to operate as a constraint on aggregate sentences even where s 6E of the Sentencing Act 1991 (Vic) mandates cumulation for serious sexual offenders. An aggregate sentence of 23 years and 6 months for multiple rapes, abduction, aggravated burglary and associated offending by a first offender who pleaded guilty was manifestly excessive and was reduced to 18 years.