Price v The Queen

[2019] VSCA 8

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Extension of time
5. › Protracted delay
6. › Applicable principles
7. › Whether merits of proposed appeal have sufficient prospects of success
8. › Whether explanation for delay satisfactory
9. › Criminal Procedure Act 2009 (Vic), ss 279, 313
1. Criminal Law
2. › Sentencing
3. › Impaired mental functioning
4. › Verdins principles
5. › Personality disorder
6. › Whether personality disorder constitutes impaired mental functioning reducing moral culpability
7. › Whether connection between impairment and offending established
8. › Whether sentencing judge's findings open on the evidence

Quick Take

The established principles governing extensions of time in criminal appeals, as set out in R v Darby and Efandis v The Queen, require that where considerable delay has occurred, the proposed appeal must probably succeed before an extension will be granted. A sentencing judge's finding that personality disorder does not constitute impaired mental functioning sufficient to moderate deterrence under Verdins will be upheld where supported by psychiatric evidence showing no psychosis at the time of offending and where the offender retained the ability to understand the wrongfulness of his actions.