Benson (A pseudonym) v The King

[2024] VSCA 99

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal against sentence
4. › Indecent act with child under 16
5. › Rolled up charge
6. › Whether judge sentenced as though for course of conduct charge
7. › Whether sentence manifestly excessive
8. › Application for leave to appeal refused
1. Criminal Law
2. › Sentence
3. › Rolled up charge distinguished from course of conduct charge
4. › Sentencing for totality of criminality within particularised incidents
1. Criminal Law
2. › Sentence
3. › Mitigating factors
4. › Delay
5. › Two limbs of delay — unfairness and rehabilitation
6. › Whether evidence required to establish unfairness limb of delay

Quick Take

The unfairness limb of the delay analysis ordinarily requires evidence, particularly where the delay arises from the victim's decision not to report rather than from systemic delays in the criminal justice process.

Case Details

Citation[2024] VSCA 99

CourtVSCA

JurisdictionVictoria

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Relies on7

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2017DPP v CourtneyVSCA 233
2013J B M v The QueenVSCA 69
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