R v Osborne [2009] VSCA 88

The application for leave to appeal against conviction with respect to counts 2, 3, 5, 8 and 15 is allowed.
The appeal is treated as having been instituted and heard instanter and is allowed.
The convictions on counts 2, 3, 5, 8 and 15 are quashed and verdicts of acquittal entered.
Pursuant to s 569(1) of the Crimes Act, the sentences imposed in the court below are set aside.
The applicant is re-sentenced on each of counts 1 and 4 to a term of imprisonment for 18 months, the service of three months of the sentence imposed on count 4 to be concurrent with that imposed on count 1.
These orders make for a total effective sentence of 33 months, in respect of which a non-parole period of 18 months is fixed.
It is declared that the applicant has served a period of 459 days which is to be reckoned as having been served under the sentence hereby imposed and it is directed that this declaration and its details be entered in the records of the Court.
The declaration made in the court below with respect to the applicant having been sentenced as a serious sexual offender is set aside.
It is noted that the applicant has been sentenced for two Class 2 offences, which are registrable under the sexual offender registration provisions, and accordingly has a period of 15 years of notification.

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