Honeysett v The Queen

[2018] VSCA 14

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Application for leave to appeal against sentence
4. › Armed robbery and theft
5. › Whether sentence manifestly excessive
6. › Whether sentencing judge erred in ordering cumulation on theft charge
7. › Whether applicant's youth, deprived background and aboriginality appropriately taken into account
8. › Whether participation in Koori Court sentencing conversation a consideration in sentencing synthesis
9. › Criminal Procedure Act 2009 (Vic), ss 278, 280(1), 315
1. Criminal Law
2. › Sentence
3. › Sentencing of Indigenous offenders
4. › Koori Court Division of County Court
5. › Sentencing conversation
6. › Weight to be given to active participation in Koori Court process
7. › Balancing participation against deterrence and community protection
8. › County Court Act 1958 (Vic)
1. Criminal Law
2. › Sentence
3. › Sentencing principles
4. › Indigenous offenders
5. › Relevance of deprived background and aboriginality
6. › Moderation of general and specific deterrence
7. › Need for rehabilitation

Quick Take

The weight to be given to an Indigenous offender's active participation in the Koori Court sentencing conversation, and how that factor is to be balanced against general and specific deterrence and community protection, remains an open question requiring appellate guidance. Active participation in the Koori Court process is more burdensome than a traditional plea hearing and is a mitigating factor, but the extent of its mitigating effect is unresolved.