Campbell v The Queen

[2019] VSCA 158

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Application for leave to appeal
4. › Grooming child under 16 for sexual conduct
5. › Using carriage service to transmit indecent communication to person under 16
6. › Failing to comply with reporting obligations under Sex Offenders Registration Act
7. › Possessing child abuse material
8. › Committing indictable offence while on bail
9. › Whether sentence involved double punishment
10. › Whether judge erred in finding circumstance of aggravation
11. › Whether sentence manifestly excessive
12. › Crimes Act 1958 (Vic), ss 49B(2), 49M(1), 51G
13. › Criminal Code Act 1995 (Cth), s 474.27A
14. › Sex Offenders Registration Act 2004 (Vic), s 46(1)
15. › Sentencing Act 1991 (Vic), ss 6D, 6E
16. › Criminal Procedure Act 2009 (Vic), s 280
1. Criminal Law
2. › Sentence
3. › Serious sexual offender
4. › Protection of community as principal purpose
5. › Cumulation of sentences
6. › Whether elements of overlap between offences precluded cumulation
7. › Sentencing Act 1991 (Vic), ss 6D, 6E
1. Criminal Law
2. › Sentence
3. › Sentencing considerations
4. › Child sexual offences
5. › Denunciation
6. › General deterrence
7. › Specific deterrence
8. › Protection of community
9. › Relevance of offender's intellectual and psychological makeup
10. › Whether principles in DPP v O'Neill applicable

Quick Take

Grooming offences, possession of child abuse material obtained through grooming, failure to comply with sex offender reporting obligations, and committing an indictable offence while on bail each involve distinct elements of criminality warranting separate punishment notwithstanding factual overlap. The principle in DPP v O'Neill regarding the relevance of an offender's complex personality matrix to moral culpability is confined to cases where it explains how a hitherto law-abiding person came to commit a serious crime, and does not apply where the offender has a significant prior history of similar offending.