Le v The King

[2026] VSCA 14

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction
4. › Jury directions
5. › Prior inconsistent statements
6. › Whether trial judge required to direct jury on hearsay use under s 60 where hearsay use never sought by defence
7. › Evidence Act 2008 (Vic), ss 59, 60
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Jury directions
5. › Unreliable witness direction
6. › Whether substantial and compelling reasons existed for giving direction not requested by defence
7. › Jury Directions Act 2015 (Vic), ss 11, 12, 15, 16, 32
1. Criminal Law
2. › Appeal
3. › Conviction
4. › Unsafe and unsatisfactory verdict
5. › Rape
6. › Whether jury acting rationally ought to have entertained reasonable doubt
7. › Whether complainant's prior inconsistencies rendered verdict unreasonable
8. › Criminal Procedure Act 2009 (Vic), s 276(1)(a)
1. Criminal Law
2. › Appeal
3. › Sentence
4. › Manifest excess
5. › Rape
6. › Standard sentence scheme
7. › Whether head sentence of 8 years wholly outside range of available sentences
8. › Weight to be given to extraordinary procedural delay and prospect of deportation
9. › Crimes Act 1958 (Vic), s 38(3)
10. › Sentencing Act 1991 (Vic), ss 5(2)(ab), 5A(1)(b)

Quick Take

Extraordinary procedural delay (60 months, five empanelled juries) and a real prospect of deportation, combined with absence of prior convictions and very positive rehabilitation prospects, may reduce a mid-range rape sentence from 8 years to 6 years' imprisonment under the Victorian standard sentence scheme.

Case Details

Citation[2026] VSCA 14

CourtVSCA

JurisdictionVictoria

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