Henderson (a pseudonym) v The King

[2024] VSCA 78

Victorian Court of Appeal

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Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Sexual offending against children
5. › Persistent sexual abuse of a child under 16
6. › Whether sentences manifestly excessive
7. › Failure to apply Worboyes utilitarian benefit for guilty pleas during COVID-19
8. › Sentencing Act 1991 (Vic), ss 5A, 5B, 6D(a), 6E, 11A
1. Criminal Law
2. › Appeal
3. › Sentence
4. › Sexual offending against children
5. › Whether charges wrongly characterised as rolled-up charges
6. › Effect of erroneous characterisation on individual sentences
7. › Criminal Procedure Act 2009 (Vic), ss 280(1)(b), 281(1)(b)
1. Criminal Law
2. › Sentencing
3. › Guilty pleas
4. › Utilitarian benefit
5. › Pleas entered during COVID-19 pandemic court disruptions
6. › Whether additional utilitarian discount applies
7. › Whether matter not raised below may be relied upon on appeal
8. › Worboyes v The Queen [2021] VSCA 169

Quick Take

The failure to apply the Worboyes utilitarian benefit to offenders sentenced before Worboyes who entered guilty pleas during COVID-19 court disruptions may render the sentence manifestly excessive on appeal.

Case Details

Citation[2024] VSCA 78

CourtVSCA

JurisdictionVictoria

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The full text is available to signed-in members, including the 4 later cases that cite this judgment.

Relies on8

2021Worboyes v The QueenVSCA 169
2020Lugo (a pseudonym) v The QueenVSCA 75
2019Martin (a Pseudonym) v The Queen [No 2]VSCA 60
2016Talbot (a pseudonym) v The QueenVSCA 218
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