Heels v The King

[2024] VSCA 133

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Whether sentence manifestly excessive
5. › State charges of sexual assault and sexual activity in presence of child under 16
6. › Federal charges of using carriage service to transmit child abuse material and possessing child abuse material
7. › Totality principle
8. › Cumulation of sentences on multi-charge indictment
9. › Crimes Act 1958 (Vic), ss 49D(1), 49F(1)
10. › Criminal Code Act 1995 (Cth), ss 474.22(1), 474.22A(1)
11. › Sentencing Act 1991 (Vic)
12. › Crimes Act 1914 (Cth), Pt 1B
1. Criminal Law
2. › Sentencing
3. › Federal and State offences on joint indictment
4. › Approach to sentencing where indictment contains both Commonwealth and State charges
5. › Fixing of non-parole periods
6. › Crimes Act 1914 (Cth), ss 16A, 19, 19AB, 19AJ

Quick Take

Sentencing on joint Commonwealth and State indictments involving child abuse material offences requires that cumulation properly reflect temporal overlap and interconnection of offending, and that parity with co-offenders is maintained on individual charges.

Case Details

Citation[2024] VSCA 133

CourtVSCA

JurisdictionVictoria

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Cited by12

2025Cullinan-Smayle v The KingVSCA 109
and 11 more after sign-in

Relies on14

2021Worboyes v The QueenVSCA 169
2021Quah v The QueenVSCA 164
2018Leimonitis v The QueenVSCA 198
2017DPP (Cth) v BesimVSCA 158
and 10 more after sign-in

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