Pitt (a pseudonym) v The Queen [2020] VSCA 73

[4] Crimes Act 1958 (as amended by the Crimes (Rape) Act 1991), s 44(1). The maximum penalty is 20 years' imprisonment.

[6] R v Rumpf [1988] VicRp 55; [1988] VR 466, 475 ('Rumpf'); DPP v Rongonui [2007] VSCA 274; (2007) 17 VR 571, 580 [37], 581 [41]; Rootsey v The Queen [2018] VSCA 108, [8].

[8] His date of birth is 29 August 1945.

[9] Sentencing Act 1991, s 6E.

[10] We note that in his sentencing remarks, when dealing with the circumstances of the incest, the judge found 'that the objective offending in regard to Charge 6 is at the mid-range'. Insofar as such classifications have any utility, we consider the circumstances of the incest in this case take it beyond 'mid-range'.

[11] DPP v Toomey [2006] VSCA 90, [22].

[12] See DPP v Dalgliesh (a Pseudonym) [2017] HCA 41; (2017) 262 CLR 428. See also DPP v Dalgliesh (a Pseudonym) [2016] VSCA 148; DPP v Dalgliesh (a Pseudonym) [2017] VSCA 360; (2017) 271 A Crim R 1.

[13] See R v Jennings [1998] VSCA 69; [1999] 1 VR 352, 369 [66] (Brooking JA).

[14] The applicant is to be sentenced as a serious sexual offender on charges 3 to 6; so that, pursuant to s 6E of the Sentencing Act 1991, any term of imprisonment imposed on these charges must be served cumulatively unless otherwise directed. In contrast, the sentences on charges 1 and 2 are to be served concurrently unless otherwise ordered. As has previously been observed, strict compliance with the legislative regime is thus a somewhat cumbersome exercise. See Reid (a Pseudonym) v The Queen [2014] VSCA 145; (2014) 42 VR 295, 323 [119] (Priest JA).

[15] See DPP v Jones (a Pseudonym) [2013] VSCA 330; (2013) 40 VR 267, 288 [90] (Redlich and Priest JJA).

[16] R v Mulvale (unreported, 20 February 1996, Vic CA); R v Bernath [1997] 1 VR 271, 278; R v Yates (1998) 99 A Crim R 483; R v Watts [1998] 4 VR 244.

[17] R v Morgan (1980) 7 A Crim R 146, 154; Power v The Queen [1974] HCA 26; (1974) 131 CLR 623, 628, 629; Deakin v The Queen [1984] HCA 31; (1984) 58 ALJR 367; Bugmy v The Queen [1990] HCA 18; (1990) 169 CLR 525, 536.