Christoforou v The King

[2024] VSCA 89

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Conviction
3. › Jurisdiction of County Court
4. › Transfer of charges from Magistrates' Court
5. › Indictable offences triable summarily
6. › Whether indictable offences triable summarily may be transferred to County Court as summary offences
7. › Criminal Procedure Act 2009 (Vic), ss 28, 145, 242
1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Manifest excess
5. › Multiple charges of burglary and theft
6. › Broad-brush approach to sentencing on similar charges
7. › Whether individual sentences and total effective sentence manifestly excessive
8. › Totality principle

Quick Take

Indictable offences triable summarily under s 28 of the Criminal Procedure Act 2009 (Vic) cannot be transferred to the County Court as summary offences under ss 145 and 242; such charges can only reach the County Court by committal or direct indictment.

Case Details

Citation[2024] VSCA 89

CourtVSCA

JurisdictionVictoria

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