Carpio v The Queen

[2019] VSCA 244

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Whether sentencing judge erred by accepting characterisation in pre-sentence report
5. › Whether error materially affected sentence
6. › Whether reasonable prospect of less severe sentence
7. › Criminal Procedure Act 2009 (Vic), s 280
1. Criminal Law
2. › Sentencing
3. › Pre-sentence reports
4. › Disputed pre-sentence report
5. › Failure to challenge report under statutory mechanism
6. › Sentencing Act 1991 (Vic), s 8D
1. Criminal Law
2. › Sentencing
3. › Young offenders
4. › Youth Justice Centre detention
5. › Suitability for Youth Justice Centre order
6. › Reasonable prospects for rehabilitation
7. › Sentencing Act 1991 (Vic), s 32

Quick Take

A failure to challenge a disputed aspect of a pre-sentence report through the mechanism in s 8D of the Sentencing Act 1991 (Vic) significantly weakens a subsequent appeal ground based on that disputed aspect. An erroneous characterisation in a pre-sentence report will not vitiate a sentence where the unchallenged material overwhelmingly supports the same conclusion.

Case Details

Citation[2019] VSCA 244

CourtVSCA

JurisdictionVictoria

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Relies on2

2011DPP v DicksonVSCA 222
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