Craft (a pseudonym) v The Queen

[2021] VSCA 66

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Manifest excess
5. › Sexual offences against children
6. › Whether individual sentences and total effective sentence manifestly excessive
7. › Whether sentencing judge failed to give proper weight to guilty pleas
8. › Whether sentencing judge failed to give proper weight to mental condition
9. › Sentencing Act 1991 (Vic), ss 6AAA, 6E, 6F(1), 16(1)
10. › Crimes Act 1958 (Vic), ss 45(1), 47(1), 49B, 68(1)
1. Criminal Law
2. › Sentencing
3. › Guilty pleas
4. › Utilitarian value
5. › Discount for plea of guilty
6. › Whether discount must always be allowed
7. › Whether strength of prosecution case relevant to utilitarian discount
8. › Whether belated plea retains utilitarian value
1. Criminal Law
2. › Sentencing
3. › Mental condition of offender
4. › Verdins principles
5. › Autism spectrum disorder
6. › Whether imprisonment more burdensome
7. › Whether risk of adverse effect on mental health
8. › R v Verdins (2007) 16 VR 269

Quick Take

A discount for the utilitarian benefit of a guilty plea must always be allowed (save for the exceptional case), and the strength of the prosecution case is irrelevant to that discount. Where remorse may be inferred from a guilty plea, that factor should be fully reflected in the discount. Sentencing judges should explicitly identify and explain the weight attributed to guilty pleas. The Verdins principles (limbs 5 and 6) apply to autism spectrum disorder, making imprisonment more burdensome and requiring mitigation where there is a serious risk of adverse effect on mental health.