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[2011] VSCA 261
Court of Appeal (Vic)
2011-08-03
Michael J, Maxwell P, Ashley JA
Original judgment source is linked above.
The appellant is sentenced for the offences the subject of counts 1,2 and 3 on the second Presentment as a serious sexual offender and it is ordered that that fact be entered in the records of the Court.
The Court grants to the appellant an indemnity certificate pursuant to s 14 of the Appeal Costs Act 1998.
Pursuant to s 6AAA of the Sentencing Act 1991, we state that if it had not been for the appellant's plea of guilty, we would have imposed the following sentence: total effective sentence of 10 years' imprisonment and a non-parole period of 7 years.
In accordance with s 6AAA(4), we will cause it to be noted in the records of the Court that in respect of the individual counts the sentence which would have been imposed but for the plea of guilty is as follows:
[1] Crimes Act 1958 (Vic), s 421(2).
[2] [1976] VicRp 45; [1976] VR 452, 454.
[3] Pollard v The Queen [2011] VSCA 95, [34].
[4] DPP (Vic) v CPD [2009] VSCA 114; (2009) 22 VR 533, 546-7 [54]-[56] ('CPD') and the cases there cited.
[5] [2011] VSCA 250 ('DJ').
[9] [2011] VSCA 250, Appendix B.
[10] [2008] VSCA 190; (2008) 20 VR 677, 679 [4].
[12] Mill v The Queen (1988) 166 CLR 59, 63; Johnson v The Queen [2004] HCA 15; (2004) 78 ALJR 616, 623 [18].
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The Queen [2011] VSCA 261