Stanford v The King

[2024] VSCA 35

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction
4. › Rape
5. › Particulars of offence
6. › Mode of penetration
7. › Amendment of indictment
8. › Whether verdict unreasonable where prosecution disavowed reliance on one mode of penetration and complainant's evidence equivocal as to amended mode
9. › Crimes Act 1958 (Vic), s 38
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Incompetent defence counsel
5. › Whether conduct of trial counsel resulted in substantial miscarriage of justice
6. › Whether course taken by counsel capable of objective explanation as having been taken for forensic advantage or to avoid disadvantage
1. Criminal Law
2. › Sentencing
3. › Rape
4. › Re-sentence following successful appeal on one count
5. › Domestic relationship offending
6. › Specific and general deterrence
7. › Sentencing Act 1991 (Vic), ss 6B, 6D, 6E, 16

Quick Take

Prosecutors should ensure that where the indictment is amended to specify a particular mode of penetration, the evidence is capable of establishing that mode beyond reasonable doubt, or alternatively that the indictment alleges both modes.

Case Details

Citation[2024] VSCA 35

CourtVSCA

JurisdictionVictoria

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The full text is available to signed-in members, including the 2 later cases that cite this judgment.

Cited by2

2026Fabris v The KingVSCA 66
2025Barton (a pseudonym) v The King; DPP v Barton (a pseudonym) & AnorVSCA 74

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