Director of Public Prosecutions v White [2019] VSC 400

2 The unlawful and dangerous act you committed, namely, twice discharging an illegal firearm, resulted in the death of Mr Christianos. This act was aggravated by the fact that you concealed your involvement in the crime, and the whereabouts of Mr Christianos' body, for many years. Your counsel has appropriately accepted that a custodial sentence is warranted.

3 Your conduct not only resulted in the death of Mr Christianos, but has had a severe impact upon those who knew and loved him. Victim impact statements have been filed by the deceased's mother, sister and brother, together with his former partner and their daughter.

4 Dealing with family members first, each of them spoke of the pain they suffered as a consequence of not knowing what had happened to Mr Christianos and of the tragic circumstances in which his body was found.

5 His mother, Cleoniki, spoke of the constant worry she suffered after his disappearance. She also gave an account of the physical and mental suffering she experienced upon learning of her son's fate.

6 His brother, Socrates, gave like evidence as to the impact it has had upon him, including the adverse effect it has had on his relationships with family members other than his mother.

7 His sister, Vicki, spoke of the pain she suffered through 17 years of not knowing, but hoping she would see her older brother again. She also referred to her brother, John, loving her to bits and helping her with her development as a young child. More presently, she spoke of the family divide, and how she wished that her brother John was still here to support her.[2]

8 Mr Christianos' ex-partner and mother of his daughter, Leanne Magree, spoke of the difficulties she has had dealing with being denied the right to grieve, to recover in a timely fashion and of suffering as a result of the "very undignified and media- sensationalised end" to her former partner's life. She referred to the difficulty in dealing with others by reason of her loss. This was particularly so in light of her abhorrence of all types of violence, especially gun violence, which, as she correctly observed, undermines a sense of community and safety.

9 There have also been economic consequences for her. Not only has the death of Mr Christianos shut out the possibility of him providing any support to their daughter, but Ms Magree has had to cease work for the rest of this year in order to seek help and to try to recover from this traumatic series of events.

10 As for Mr Christianos' daughter, she asked not to be identified specifically by name. Although she has had little contact with her father, her dream of having her father in her life 1 day has been shattered. She also observed the very bad effect the news of her father's death has had on her mother. Like her mother, she is seeking professional help for her mental well-being, trying to cope with being upset, hurt and angry with what has happened. Again like her mother, the death of her father has impacted her work and her ability to deal with colleagues. The death has also had an adverse effect on her ability to engage with her friends, as she constantly feels exhausted and sensitive, and gets upset at the smallest things.

11 In summary, as would be expected, those close to Mr Christianos have suffered, and will continue to suffer, greatly as a consequence of his death, and the protracted investigations and events that unfolded before his body was found. I have taken these matters into account.

12 To say that your early years presented you with unfortunate surroundings would be an understatement. Your mother was a street sex worker who could not cope with life or looking after the many children she brought into the world.

13 As a result of your parents' separation and your mother's inability to look after you, you were made a ward of the State, together with your brother Michael. This occurred when you were very young.[3] You were moved to St Joseph's Catholic Nuns' Orphanage in Surrey Hills. After that time, you had little contact with your mother and did not know of the existence of any of your other brothers or sisters until much later in your life.

14 At 8 years of age, you were placed in the care of the Christian Brothers, at St Vincent De Paul in South Melbourne. You spent a number of years there, and were sexually abused by the Christian Brothers, as was your brother.

15 At 14 years of age, you managed to contact your father and spent time with him in Warrnambool. The accommodation was less than ideal; at 1 stage you were living in a garage. Your father was a single man and an alcoholic. He was abusive when drunk.

16 At 15 years of age, you returned to Melbourne and, by making contact with her through your grandmother, found your mother living in a single bedroom in a boarding house. Not long before this time, your sister Alison was born. Your mother was incapable of supporting her. You assumed the role of provider and carer for both your mother and sister. You also supported your maternal grandmother as there were no other family members to assist. You quit school and worked at Luna Park, applying the money you earned to help pay the rent. Unfortunately, by reason of her mental illness and being a chronic hoarder, your mother was evicted. Soon after, she was able to secure a place in St Kilda with the help of the owners of Gatwick House in Fitzroy Street, St Kilda.

17 At 17 years of age, you secured a job in a department store, and continued to work at Luna Park on weekends. It was around this time you met a young woman, who became your girlfriend. You had a relationship with her for 2 years, until she was killed in a car accident. You have had no significant romantic relationship since that time.

18 All the while, you continued to support your mother, and your sister Alison with whom you became very close.

19 From your late teens to your late 20s, you had various jobs in various locations, including Europe. It is unnecessary to recount the detail. In summary, you worked hard and continued to support your mother and sister, including by sending money to them fortnightly, paying the rent and other bills and maintaining regular telephone contact.

20 After returning to Melbourne on a permanent basis at around the age of 28, you developed an interest in memorabilia, having already engaged in buying and selling stamps, coins and medals. You lived in Elsternwick with your mother and Alison, until she left home in 1987. After this time, you continued to live with and support your mother, together with your brother Michael.

21 Your pursuit of trading in memorabilia continued to develop. At the age of 36, you held an exhibition "Thanks for the Memory". The general success of your business activities enabled you to purchase a residential property in Clayton in the early 1990s. Consistent with the charitable manner in which you have conducted yourself, you put the property in the joint names of your family members. You also took responsibility for paying the mortgage, in addition to paying other domestic outgoings.

22 Again, without going into all the detail provided to the court, broadly speaking, your business activities continued to flourish. You were involved in exhibitions, including with the Returned and Services League and the Australian Football League.

23 In 1999, you rented premises at 879 Dandenong Road, East Malvern, being an old bank. You converted the bank into a shop and established a retail and wholesale business, trading under the name "Memorabilia Headquarters". You sold sporting memorabilia, art posters, stamps and coins. After a short period of time, you were able to purchase these premises.

24 The following year you acquired the adjoining premises at 877 Dandenong Road. That same year, you ran the Wisden Cricketers of the Year Award at the Sydney Cricket Ground, with the then prime minister, John Howard, presenting the trophies.

25 Subsequently, you were able to purchase 875 Dandenong Road, so that you had 3 adjoining commercial premises in East Malvern.

26 Your generosity was not confined to members of your family. You often assisted those in need, including strangers. Numerous statements have been made to the court by those who have a received your help, or witnessed your help of others, on an ongoing basis.

27 In 2011, around the time of your retirement, you moved to Tewantin, Queensland. Your brother Michael was suffering from stage 4 cancer, so you moved him to Queensland to care for him on a full-time basis. Shortly before your brother's funeral in November 2012, you relocated your mother to Queensland. From that time on you looked after her. As her health deteriorated, you became her full-time carer. By 2014, she was bedridden. You continued to care for her, including taking her to hospital as required. Your mother died in February 2017.

28 From this time until your arrest in August 2018, you lived alone. Your drinking increased and your mental health deteriorated. From time to time, your sister Alison and friends would visit you, but mostly you lived a solitary existence.

29 Although the seriousness of the crime you have committed is not diminished in any way by reason of your background, it must be acknowledged that, with the exception of the conduct relating to this offence, an overview of your life demonstrates that you have been quite outstanding in making the most of the limited opportunities offered to you in your early years. You have been a hard and dedicated worker all of your life, using the fruits of your labour and ingenuity to care for your family and others. Indeed, it is irrefutable that your killing of Mr Christianos was completely out of character.

30 Your prospects of rehabilitation are extremely good. You have no relevant or recent prior convictions.[4]

31 Since June 2001 until the middle of last year, you lived a law-abiding life; indeed a largely productive and very caring life (leaving aside some of the events surrounding the death of Mr Christianos). Not only did you not engage in any conduct that attracted the attention of the police, but you actively cared for others, in addition to being a full-time carer for your terminally ill brother and for your mother until they both passed away. As already touched upon, in the year or 2 before your arrest, your life became less productive as a result of you turning to alcohol to seek to deal with your situation. You drank at a level where you could only be described as an alcoholic. However, since your incarceration you have not consumed alcohol, have been eating more soundly and have managed to regain some weight. You have expressed your determination not to turn to alcohol again upon your release.

32 You have no history of violence other than the matter presently before the court. As a man in your 60s, with the background that you have, it is highly unlikely that you would commit a further crime involving violence at any time in the future. You have the financial means to support yourself once you are released. Further, with the assistance of family,[5] friends and professional help, it appears you now have your personal affairs in order, so that it is highly likely you will see out your days in a law-abiding manner.

33 It is fair to describe the references given by friends who support you as glowing. Both friends and colleagues from the memorabilia industry speak of you in terms of your compassion, empathy, kindness and genuine character. They also refer to your non-assertive nature and how you avoid confrontation. They have relayed your propensity to help others, including the homeless, with money and other assistance. The ongoing closeness you share with your sister Alison and some of your friends, and their loyalty to you, can only hold you in good stead.

34 What I am about to say concerning Mr Christianos' background does not seek, in any way, to justify your conduct, or to show any disrespect to his memory or to diminish the significance of the grief being suffered by those who were close to him. However, there are details of his background that are relevant to the circumstances of the offence and the sentence to be imposed.

35 Mr Christianos was born on 1 September 1961 in Woodville, South Australia. He came from a home which experienced domestic violence. After his parents separated, when he was 14, he had limited contact with his father and felt rejected. From the age of 16 he led a transient lifestyle, leaving behind his 2 younger siblings. As part of this lifestyle, he often found himself in trouble with the authorities.

36 It is unnecessary to document his criminal history. Suffice to say that it involved drug and alcohol abuse, often connected with violence.[6] His unlawful activities resulted in Mr Christianos being incarcerated on a number of occasions.

37 As referred to above,[7] he had a relationship with Ms Magree, which commenced in 1987. The relationship did not last very long. Ms Magree noticed Mr Christianos' behaviour deteriorated when he drank alcohol.

38 The relationship involved domestic violence and the police being contacted by reason of his abuse. It ended before his daughter was born. Mr Christianos had only seen his daughter twice before his untimely death. After the relationship ended, Mr Christianos would call Ms Magree from time to time and abuse her.

39 In May 1990, Mr Christianos was in a car accident and suffered an acquired brain injury.

40 Throughout all of this, Mr Christianos remained a talented artist, and his portraits attracted considerable praise. However, Mr Christianos could never really maintain an equilibrium in his life. In particular, he was mentally unwell and exhibited the symptoms of substance abuse and mental illness. His unstable, and at times erratic, behaviour included attacking you or threatening you, sometimes strangling you or brandishing a knife. This conduct, which at times was witnessed by others, was significantly intimidating and frightening.

41 There were a number of incidences shortly before his death, which suggested Mr Christianos' life was spiralling out of control. In May 2001, Mr Christianos' application to exhibit at the Camberwell Art Show was rejected. After this he "really went downhill" and "really hit alcohol and drugs hard". Also, some of his fellow residents stopped going out with him because of his unruly behaviour. That type of behaviour led to him being evicted from a hotel as late as 3 days before the events in question.[8] The person who evicted him described him as having "white line fever".

42 Further, a woman with whom he was in a relationship (though she would not see him if he was drunk) ended that relationship about 2 weeks before he was killed. Around this time, and not for the first time, he was admitted to Monash Hospital after attempting self-harm by walking into traffic, with police and ambulance officers intervening.

F. Circumstances of the offence and events leading up to it

43 You and Mr Christianos first became acquainted in 1999, when he started working at Memorabilia Headquarters, following an introduction by a friend in Adelaide. Not long after you met, you became aware that Mr Christianos had a history of irrational and violent behaviour, which became worse when either drinking or taking drugs. Mr Christianos told you he had nowhere to go and asked to sleep at the shop. Consistent with your generous disposition, you allowed him to do so.

44 In addition to working in the shop, you also commissioned Mr Christianos to paint portraits of Gary Ablett senior and then, a little later, Sir Donald Bradman. You paid him a significant amount for each portrait,[9] and also agreed to pay him a further sum with respect to prints of the portraits that were sold. The arrangement was that Mr Christianos would personally sign each print and be paid an amount of money to do so. Initially, you found him really helpful.

45 Over time, things started to unravel. Sometime in 1999, when you travelled to Sydney, Mr Christianos spent all the business takings that were made in your absence. Further, his problems with alcohol and drugs became more evident, with Mr Christianos engaging in unsatisfactory behaviour, such as head-butting a cabinet with a level of force that caused it to break. He also started making demands for money, either seeking advances or accusing you of not paying what was due to him. Others overheard Mr Christianos having heated arguments with you over money, which were ongoing.

46 Mr Christianos' unsatisfactory behaviour was not only directed towards you. To your knowledge, he continued to harass Ms Magree, and spoke about killing himself and others as part of a "massacre".

47 You decided to appoint a manager for Memorabilia Headquarters, and overlooked Mr Christianos for this role. This upset him. Further, he appeared to develop a level of paranoia about being left out after the new manager was appointed.

48 You witnessed his unsatisfactory behaviour frequently. It was ongoing. In the second half of 2000, Mr Christianos set fire to a car that you had purchased for him to use. Further, he tried to break down the door of the shop, while threatening you. Around this time, Mr Christianos was admitted to the Monash Medical Centre with acute psychosis. Leading up to this event, he had spoken about his special powers, and had swallowed crockery in an attempt to self-harm.

49 When you socialised with him, he would become very aggressive after a number of drinks. He also acknowledged to you that he was a manic depressive, but did not wish to take any medication as he believed it dulled his brain.

50 Mr Christianos' unsatisfactory conduct resulted in you proposing changes to his living arrangements. You told him you would be moving in to the shop and purchased a caravan for him. You placed the caravan in the backyard of the shop and, eventually, convinced him to take up residence in the caravan. Regrettably, this did not solve the situation. Mr Christianos had a key to the shop and could access it at any time. You had difficulties getting the key from him, and, when you eventually did, the relationship continued to deteriorate.

51 In a further attempt to distance yourself from the situation, in around late December 2000, you arranged for Mr Christianos to move to a boarding house a few kilometres away in East Bentleigh. You paid the bond and the first month's rent in order to facilitate this transition. While residing at this location, in late May 2001, Mr Christianos got into an argument while having dinner with other residents. During the argument, Mr Christianos picked up a knife, and later banged on the door of a resident who left the dinner table. After this event, he no longer dined with his fellow residents.

52 Notwithstanding the difficulties you were experiencing with him, you allowed Mr Christianos to continue to have some involvement in your business. He would attend at Memorabilia Headquarters on a Thursday or usually the Friday of each week to collect any moneys that were due to him from the sale of prints of the portraits.

53 Over time, on an ongoing basis and not unreasonably, you became increasingly fearful for your safety. Quite legitimately, you asked your brother to move in with you at the shop as a means of protection. However you also took the very unfortunate step of unlawfully obtaining a .25 calibre handgun in the event you needed to protect yourself.[10] By doing so, you consciously chose to act outside the law in a serious manner.

54 A few days before his death, Mr Christianos was telephoning you frequently, and, at times, incessantly.[11] You made no attempt to confront him about this.

55 On the day that you committed the offence,[12] you had your first drink around midday. Mr Christianos sought contact with you. You met him at a local hotel around 3.30 pm, and had 3 or 4 drinks together. Later, you both walked over to the shop. You thought Mr Christianos looked depressed. He left, but then returned very late in the evening.

56 Mr Christianos became argumentative and irrational. An argument then ensued. Mr Christianos was physically bigger than you. You got into a scuffle. During the scuffle, Mr Christianos came at you with a knife. Sensing imminent danger, you then produced the handgun, which was loaded, and shot Mr Christianos twice in the chest.[13]

57 Mr Christianos fell. You examined his body and realised he had died. You then disposed of his body by secreting it head first into a wheelie bin. You took it home, where you covered the body with soil and tan bark. Then you transported it to unit 404 of Total Self Storage in Oakleigh South.

58 You allowed the mystery of the whereabouts of Mr Christianos to continue for some 17 years. You simply left the body in the storage facility in Oakleigh South. For reasons unexplained, in around 2004, you ceased paying the storage fees. Despite this, and a coroner's inquest that was held,[14] the whereabouts of Mr Christianos' body was not discovered until mid-July 2018 when unsuspecting workers gruesomely discovered the body while cleaning out the storage facility. Notwithstanding the lapse of time, the remains of Mr Christianos were "relatively well-preserved".

59 An autopsy was held, which revealed that Mr Christianos had illicit drugs in his system; being methamphetamine, amphetamine, ketamine and norketamine. The autopsy report confirmed 2 bullet wounds were discharged from the same pistol; to the chest and under an armpit, suggesting you were facing each other when he was shot.

60 You were first approached by police about the discovery of Mr Christianos' body on 16 August 2018. Your residence at Tewantin, Queensland, was searched and you were interviewed. On that day you told the police you had shot Mr Christianos while being attacked with a knife. You said you were petrified, and protected yourself in self-defence.

61 You did not resist your extradition to Victoria.

H. Some relevant factors concerning your conduct after the offending

62 Your plea of guilty at an early stage in the proceeding, before any committal hearing had been conducted, resulted in considerable savings to the justice system, both in terms of cost and time. The benefit of this early plea flows to those immediately involved, as well as the broader community. Save in exceptional cases, this gives rise to a discount on the sentence to be imposed.[15]

63 Pleading guilty means you have admitted each element of the offence of manslaughter.[16] By doing so you gave up the ability of pursuing a possible viable defence of self-defence. This weighs in your favour.[17]

64 Your plea of guilty is consistent with your remorse for the crime committed. On this issue, in May 2019, you penned a letter to the court in which you expressed your honest and sincere regret for the offending and expressed your unreserved remorse. I accept these expressions of your current disposition as genuine. I also accept you feel regret for the pain you have caused to Mr Christianos' loved ones, together with those who discovered his body in mid-2018.

65 Although I have accepted your present state of remorse, this issue is not without its complications. Of course, if you had been truly remorseful in 2001, you would have gone to the police immediately, rather than dispose of the body in the way that you did. Further, before your arrest, you gave numerous untrue and inconsistent accounts to the police and others of the events surrounding Mr Christianos' death. Such conduct, whatever the motivation,[18] must be denounced.

66 More recently, in October 2018, an interview was conducted by 2 detective senior constables at Barwon Prison. On this occasion, you gave a completely false account of what occurred back in June 2001. Although not an excuse, this conduct might be explained by the fact that you were suffering from severe anxiety in Barwon Prison, having had serious suicidal thoughts and, consistent with those thoughts, preparing a will.

67 In any event, significant aspects of your conduct after the offending are aggravating factors that must be taken into account.

68 It was common ground, as a 63-year-old man[19] with no history of violence and being imprisoned for the first time, that prison would weigh more heavily on you than might otherwise be the case. Further, the evidence demonstrates that imprisonment has already been severely detrimental to your mental well-being and that there is a serious risk of imprisonment having an on-going significant adverse effect on your mental health.

69 To elaborate, the unchallenged evidence of a consultant psychologist was that you suffer severe symptoms of depression and anxiety, which will continue to worsen due to your incarceration. This was said to increase your experience of trauma. It was also stated that, for an individual such as yourself who has been previously institutionalised,[20] and is experiencing severe depression and anxiety symptoms, the prison environment is particularly difficult. It was noted that your symptoms are being aggravated by reason of the further trauma, including exposure to violence and threats of intimidation, compromising your safety and security. Although these matters are more acute given your present location,[21] the evidence shows that imprisonment will continue to have a significant adverse effect on your mental health.[22]

70 Self-evidently, given your age, it is likely that any custodial sentence will proportionately represent a larger part of the remainder of your life than it would for a younger person.

71 The crime of manslaughter is very serious. Especially when committed with an unlawful handgun, it requires just punishment and consideration of protection of the community. Further, general deterrence weighs heavily for this type of crime, where the offender takes the law into his own hands by using an unlawful weapon, and causes someone to die.

72 However, I accept the objective gravity and moral culpability of your offending is reduced by both the previous threats, including violence, directed towards you by Mr Christianos, together with the real and immediate threat you faced at the time you shot him. I further accept that your action in protecting yourself was defensive in character.[23]

73 As for specific deterrence, this factor is of far less significance in the circumstances of this case. The offending was a one-off for you, and you have not engaged in any violent conduct, or for that matter any other criminal activity, in the 17 or so years leading up to your arrest.

74 Because manslaughter can be committed in a variety of different ways, and the objective gravity and moral culpability of the offence can differ significantly, there are a wide variety of sentencing options available to the court.[24] In submissions, a considerable number of cases were referred to,[25] together with other information relevant to current sentencing practices. Particular reliance was placed by defence counsel on the decision of Director of Public Prosecutions v Yucel.[26] That said, the parties correctly acknowledged each case turns on its own facts.[27]

75 Taking each of the matters referred to above into account, and balancing the factors as best as I am able, on the count of manslaughter you are convicted and sentenced to be imprisoned for a period of 6 years and 6 months. I fix a minimum non-parole period of 3 years and 6 months. The significant gap between the head sentence and the non-parole period is largely reflective of your age, your genuine remorse and your excellent prospects of not re-offending.

76 Section 6AAA of the Sentencing Act 1991 (Vic) requires me to state the sentence I would have given you if you had not pleaded guilty. But for your plea of guilty, I would have imposed a sentence of 8 years with a non-parole period of 6 years.

77 Finally, pursuant to s 18(4) of the Sentencing Act, I declare the total period of pre-sentence detention to be reckoned as a period of imprisonment already served is 308 days up to, but not including, this day. I will cause that declaration to be noted on the court records.

[1] You were originally charged with murder. You offered to plead guilty to manslaughter, which was accepted by the prosecution.

[2] For completeness, in her impact statement, Vicki made express reference to Mr Christianos' "bad behaviours". When she lived with him in 1991, he "smashed the place up" and "there was blood all over the place". In earlier statements, she referred to the serious assaults her brother committed, and that she did not want anything to do with him after her daughter was born because his "behaviour was so bad and he was so unpredictable".

[3] There is some discrepancy on the materials as to whether you were 2 or 4 years old when this occurred.

[4] In 1975, you were convicted of supplying liquor to a person under the age of 18 years. In 1985, you were convicted of obtaining property by deception, for which you were fined and placed on probation, and were subject to an order for restitution in the amount of $4,637.95. Otherwise, you have no prior convictions.

[5] Your sister Alison visits you in prison on a weekly basis. According to her evidence, you looked after her when she could not look after herself and now it is her turn to look after you.

[6] This violence was not only directed towards persons, but sometimes involved animals. More than once, Mr Christianos killed defenceless kittens.

[8] The movements of Mr Christianos from the morning of 9 June 2001 and of 10 June 2001 are unknown.

[9] For the portrait of Sir Donald Bradman, $2,500 was paid.

[10] There was no suggestion the purchase of the handgun was in furtherance of any other unlawful design. I accept your decision to possess the handgun was defensive in nature and confined to the issues you were experiencing with Mr Christianos.

[11] Many calls were made, sometimes only 1, 2, 3 or 4 minutes apart. These calls included 2 calls to 000, but there is no record of what occurred with respect to these calls.

[12] It was Monday, 11 June 2001, being the Queen's Birthday weekend.

[13] See further par 59 below.

[14] On 5 May 2011, an inquest was held. The coroner found that Mr Christianos' death occurred on or about 11 June 2001, at an unknown location from an unascertained cause.

[15] Reid (A Pseudonym) v The Queen [2014] VSCA 145; (2014) 42 VR 295, 321 [111]-[113] (Priest JA, with whom Maxwell P and Whelan JA agreed), referring to Phillips v The Queen [2012] VSCA 140; (2012) 37 VR 594, 604-605 [36] (Redlich JA and Curtain AJA).

[16] Namely, you committed the act that caused Mr Christianos' death; you acted consciously, voluntarily and deliberately; the act was unlawful and dangerous.

[17] Director of Public Prosecutions v Yucel [2019] VSCA 53, [36] (Kaye, Niall and Weinberg JJA).

[18] It was submitted you were motivated by concern for your family and their welfare if you were imprisoned.

[20] See pars 13 and 14 above.

[21] You are presently located in a maximum security prison at Barwon. The court was informed that, after this sentence has been delivered, it is likely that you will be moved to another prison, which would be less likely to expose you to serious criminals of the type located at Barwon Prison.

[22] See R v Verdins [2007] VSCA 102; (2007) 16 VR 269, 276 [32], principles 5 and 6 (Maxwell P, Buchanan and Vincent JJA).

[23] Cf Va v The Queen [2011] VSCA 426; (2011) 37 VR 452, 459 [33] (Maxwell P, Redlich and Weinberg JJA).

[24] Director of Public Prosecutions v Yucel [2019] VSCA 53, [59] (Kaye, Niall and Weinberg JJA).

[25] These cases included: Director of Public Prosecutions v Ristevski [2019] VSC 253 (Beale J); Vincec v The Queen [2018] VSCA 18 (Weinberg JA); Director of Public Prosecutions v Smith [2018] VSC 684 (Bell J); Director of Public Prosecutions v Osborn [2017] VSC 535 (Keogh J); R v Rapovski [2016] VSC 706 (Croucher J); R v D'Angelo [2014] VSC 522 (Lasry J); R v Torun [2014] VSC 146 (Croucher J); R v Osip [2000] VSCA 237; (2000) 2 VR 595 (Phillips CJ, Tadgell and Batt JJA).

[26] [2019] VSCA 53.

[27] See also Director of Public Prosecutions v Russo [2019] VSCA 129, [75] (Beach, Kyrou and Emerton JJA).