Austerberry v The King

[2025] VSCA 57

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Appeal against sentence
4. › Application for extension of time
5. › Prospects of success of proposed appeal
6. › Whether futile to grant extension
7. › Manifest excess
1. Criminal Law
2. › Sentencing
3. › Theft
4. › Breach of trust
5. › Rolled up charge encompassing 271 thefts
6. › Relevance of amount stolen to sentencing
7. › Whether linear relationship between amount stolen and sentence
8. › Crimes Act 1958 (Vic), s 74
1. Criminal Law
2. › Sentencing
3. › Comparable cases
4. › Use of comparable cases in sentencing
5. › Whether comparable cases establish sentencing range
6. › Whether differences in mitigating factors explain sentencing disparity

Quick Take

There is no linear or direct relationship between the amount stolen in dishonesty offences and the appropriate sentence; selecting the amount stolen as the chief sentencing factor is an error of principle, particularly where Parliament has not given that fact statutory significance.

Case Details

Citation[2025] VSCA 57

CourtVSCA

JurisdictionVictoria

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Relies on14

2021CDPP v SaadVCC 1901
2021Worboyes v The QueenVSCA 169
2020DPP v LeeVCC 1500
2017Madafferi v The QueenVSCA 302
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