Hassall v The King

[2024] VSCA 163

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Aggregate sentence
4. › Whether appropriate to impose aggregate sentence on small number of charges
5. › Charges of different character and varying seriousness
6. › Whether sentencing judge erred
7. › Sentencing Act 1991 (Vic), s 9(1)
1. Criminal Law
2. › Sentence
3. › Cumulation and concurrency
4. › Presumption of concurrency under s 16(1)
5. › Whether wholly cumulative sentence on existing sentence erred
6. › Totality principle
7. › Whether sentence crushing
8. › Sentencing Act 1991 (Vic), s 16(1)
1. Criminal Law
2. › Sentence
3. › Contravention of Community Corrections Order
4. › Resentencing on cancellation of CCO
5. › Relevance of partial compliance with CCO
6. › Sentencing Act 1991 (Vic), s 83AS(1)(c)

Quick Take

Aggregate sentences remain inappropriate where there are few charges of different character and varying seriousness, and wholly cumulative orders on existing sentences must be justified against the totality principle, particularly where mental health conditions moderate deterrence.

Case Details

Citation[2024] VSCA 163

CourtVSCA

JurisdictionVictoria

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Cited by7

2026Joyce v The KingVSCA 88
2025Mazzeo v The KingVSCA 270
2024DPP v ChengVCC 1228
and 4 more after sign-in

Relies on8

2024DPP v HassallVCC 331
2019Cokacar v The QueenVSCA 178
2017DPP v RivetteVSCA 150
2016Fitzpatrick v The QueenVSCA 63
and 4 more after sign-in

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