DPP v Watton

[2019] VSCA 10

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Crown appeal
4. › Manifest inadequacy
5. › Sexual offences against children
6. › Production of child pornography
7. › Whether component sentences and orders for cumulation manifestly inadequate
8. › Crimes Act 1958 (Vic), ss 45(1), 47(1), 68(1)
1. Criminal Law
2. › Sentence
3. › Sentencing principles
4. › General deterrence
5. › Weight to be given to delay between offending and sentencing
6. › Whether delay reduced role of general deterrence where offending continued into adulthood
1. Criminal Law
2. › Sentence
3. › Cumulation
4. › Presumption of cumulation for serious sexual offender
5. › Whether orders for cumulation on charges with presumption of cumulation should exceed those with presumption of concurrency
6. › Sentencing Act 1991 (Vic), ss 6B, 6F
1. Criminal Law
2. › Sentence
3. › Crown appeal
4. › Residual discretion
5. › Whether inadequacy of prosecution submissions on plea justified exercise of residual discretion to dismiss appeal

Quick Take

Where offending continues from youth into adulthood, the relevance of delay as a factor reducing the weight of general deterrence diminishes. Orders for cumulation on charges attracting a presumption of cumulation (serious sexual offender charges) should be longer than those attracting a presumption of concurrency. Retention of child pornography material years after the end of offending undermines claims of rehabilitation.

Case Details

Citation[2019] VSCA 10

CourtVSCA

JurisdictionVictoria

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The full text is available to signed-in members, including the 3 later cases that cite this judgment.

Cited by3

2022DPP v Hum (a pseudonym)VSCA 57
2021DPP v Blake (a pseudonym)VCC 1664
and 1 more after sign-in

Relies on1

2018DPP v WattonVCC 778

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