› Post-offence conduct — disposal of body — lying to police — attempted flight
Quick Take
1A confession to murder made after a jury verdict and partway through a plea hearing attracts none of the sentencing benefits of a guilty plea — it does not facilitate the course of justice, save court resources, or spare witnesses and victims the ordeal of trial — though it may bring additional closure and finality and may be a first sign of emerging remorse without constituting established remorse.
2Under the Victorian standard sentencing regime, the 25-year standard sentence for murder represents the middle range of objective seriousness; murder in circumstances of family violence with extensive post-offence conduct (body disposal, lying to police, attempting to flee the jurisdiction, involving a child in deception) warrants a sentence above the standard.
3The prospect that a prisoner without a visa is unlikely to be granted parole under s 74AABA of the Corrections Act 1986 (Vic) does not operate as a mitigating factor, as a court fixes a head sentence on the assumption the prisoner may serve every day and is prohibited from having regard to executive action affecting sentence length.
Case Details
Citation[2023] VSC 416
CourtVSC
JurisdictionVictoria
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