Karam v The King

[2024] VSCA 164

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Application for leave to appeal
4. › Whether sentence manifestly excessive
5. › Theft, conduct endangering persons and causing injury intentionally
6. › Use of motor vehicle as weapon
7. › Racially motivated offending
8. › Drug-induced psychosis
9. › Sentencing Act 1991 (Vic), s 5(2)(daaa)
1. Criminal Law
2. › Sentence
3. › Sentence indication
4. › Effect of sentence indication on subsequent sentencing
5. › Whether sentencing judge required to reduce indicated maximum by reference to new mitigating material
6. › Whether approach tantamount to impermissible two-stage sentencing
7. › Criminal Procedure Act 2009 (Vic), ss 207, 208, 209
1. Criminal Law
2. › Sentence
3. › Aggravating factors
4. › Offending motivated by hatred or prejudice against group with common characteristics
5. › Whether finding open where offender suffering drug-induced psychosis
6. › Whether prosecution concession binds sentencing judge
7. › Sentencing Act 1991 (Vic), s 5(2)(daaa)
1. Criminal Law
2. › Sentence
3. › Mitigating factors
4. › Remorse
5. › Whether failure to expressly mention remorse in sentencing remarks constitutes error
6. › Whether limited evidence of remorse where offender denied intentional conduct to psychiatrist

Quick Take

New mitigating material presented at a plea hearing after a sentence indication does not entitle the offender to a proportionate reduction from the indicated maximum, and holding back mitigating factors for the plea hearing is an approach the Court of Appeal has expressly deprecated.