R v G J B [2002] VSCA 54
[2002] VSCA 54
At a glance
Source factsCourt
Court of Appeal (Vic)
Decision date
2002-04-19
Before
WINNEKE, P., BATT, J.A. and O'BRYAN, A.J.A.
Source
Original judgment source is linked above.
Judgment (15 paragraphs)
- For the reasons given I would allow the appeal against conviction; and quash the convictions recorded and sentences imposed upon counts 2 to 5 inclusive. As there is no appeal against the conviction recorded and the sentence imposed upon count 1, the sentence of four years imposed upon that count will stand. It follows that the "serious offender notation" made by the judge pursuant to s.6F of the Sentencing Act 1991 is unwarranted. I would propose that the appellant serve a period of three years before becoming eligible for parole.
- I agree with the President, whose reasons for judgment I have had the benefit of reading in draft. In essence, the acts the subject of counts 2 to 5 were inherently ingredients of the offence alleged in count 1 and the pleader could not circumvent this fact by a purportedly limiting particularisation. Moreover, if the respondent's argument were correct it would by no means rarely be possible to allege a number of s.47A offences committed against the same victim in the same period, each constituted by three instances of a different kind of sexual act, which seems to me to be absurd.