Sakipon v The King

[2025] VSCA 93

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal
4. › Obtaining financial advantage by deception
5. › Obtaining property by deception
6. › Prospects of rehabilitation
7. › Whether sentencing judge erred in finding prospects of rehabilitation were poor
8. › Crimes Act 1958 (Vic), ss 81(1), 82(1)
1. Criminal Law
2. › Sentence
3. › Appeal
4. › Manifest excess
5. › Total effective sentence
6. › Offending over 16 months involving 10 victims
7. › Recidivist offender on parole
8. › Whether sentence manifestly excessive
9. › Sentencing Act 1991 (Vic), s 16(1A)(d)
1. Criminal Law
2. › Sentence
3. › Delay
4. › Delay between offending and sentencing
5. › Whether delay mitigatory
6. › Relevance of offence-free period to rehabilitation
1. Criminal Law
2. › Sentence
3. › Comparable cases
4. › Limitations on use of comparable sentencing decisions
5. › Amount obtained not the chief factor in sentencing for deception offences

Quick Take

An offence-free period between offending and sentencing does not compel a finding of improved rehabilitation prospects where the offender has previously had offence-free periods before reoffending, and where the offender fails to acknowledge the wrongfulness of their conduct.

Case Details

Citation[2025] VSCA 93

CourtVSCA

JurisdictionVictoria

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Relies on12

2024DPP v WilsonVSCA 48
2023Kenyeres v The KingVSCA 25
2022Wilson v The QueenVSCA 2
2021Apted v The QueenVSCA 151
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