Culibrk v The King

[2025] VSCA 137

Victorian Court of Appeal

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Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction
4. › Coincidence evidence
5. › Whether prosecution could prove applicant's involvement in offending
6. › Whether trial judge erred in finding coincidence evidence significantly probative
7. › Whether use of coincidence evidence occasioned unfair prejudice
8. › Evidence Act 2008 (Vic), ss 98, 101
1. Evidence
2. › Coincidence evidence
3. › Admissibility
4. › Significant probative value
5. › Modus operandi evidence
6. › Whether similarities in specified events went beyond stock-in-trade of burglary offending
7. › Whether probative value substantially outweighed prejudicial effect
8. › Evidence Act 2008 (Vic), ss 98, 101
1. Criminal Law
2. › Appeal
3. › Sentence
4. › Manifest excess
5. › Attempted aggravated burglary
6. › Relevant factors in assessing gravity
7. › Extensive prior criminal history
8. › Offending while on bail
9. › Whether sentence of 3 years and 9 months manifestly excessive

Quick Take

A particular combination of modus operandi features in serial burglary offending — including two-man operation, stolen vehicles with false plates, multiple attendances, doorbell ringing, and use of tools — may go beyond 'stock-in-trade' behaviour sufficient to support coincidence reasoning under s 98 of the Evidence Act 2008 (Vic).

Case Details

Citation[2025] VSCA 137

CourtVSCA

JurisdictionVictoria

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Relies on12

2017Madafferi v The QueenVSCA 302
2017Director of Public Prosecutions v Dalgliesh (a pseudonym)HCA 41
2014DPP v MeyersVSCA 314
2011Clarkson v The Queen; E J A v The QueenVSCA 157
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