Soo v The Queen [2014] VSCA 304

Court of Appeal (Vic)|2014-11-25|Before: Santamaria JA, Osborn JA, Gleeson CJ, Callinan JJ, McTiernan JJ, Weinberg JA, Whelan JA

The applicant rubbed the complainant's vagina on the outside of her clothing.

The applicant pulled down the complainant's pants and licked her vagina.

The complainant masturbated the applicant and he ejaculated on her hand.

The applicant showed the complainant a picture on his mobile phone of her mother with a dildo in the background.

The applicant showed the complainant a pornographic image on his computer of a woman lying on a bed or table being penetrated orally and vaginally by several men.

[61] Although the report indicates the new sentences (at [143]), it is not clear what particular facts and circumstances they refer to.

[62] (2013) 229 A Crim R 580 (Ashley, Redlich and Priest JJA).

[63] (2013) 229 A Crim R 580, 594-5 [55]-[58] (Citations included, but renumbered).

Offenders Reporting Act 2004

DPP v SLS [2014] VCC 109 (Judge Cannon)

[4] [1975] VicRp 27; [1975] VR 292 (Adam, Starke and Crockett JJ).

[9] Ibid 662-663 [127]-[128] (citations omitted). The reference to the High Court is to Lowndes v The Queen [1999] HCA 29; (1999) 195 CLR 665, 671-672 [15] (Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ).

[15] Ibid 379 [40]. See also Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520, 535-536 [48][49].

[20] R v McDonald [2004] VSCA 196; HRJ v The Queen [2011] VSCA 217; Bavage v The Queen [2012] VSCA 149; JBM v The Queen [2013] VSCA 69; SLJ v The Queen [2013] VSCA 193; CMG v The Queen [2013] VSCA 243; Patrick v The Queen [2014] VSCA 89; O'Brien v The Queen [2014] VSCA 94.

[23] Ibid 617 [29]. The appellant provided a written outline of submissions to the sentencing judge. It made no reference to 'comparable cases'. The Crown provided a 'sentencing snapshot' providing statistics from 2007-2008 to 2011-2012. The Crown pointed out that those statistics do not disclose whether the accused had pleaded guilty or not guilty. The only cases referred to by the appellant were R v Verdins [2007] VSCA 102; (2007) 16 VR 269 (depression relevant to how he might serve his sentence) and Martin v The Queen [2013] VSCA 377 (whether age of victim is an aggravating factor).

[30] R v Izzard [2003] VSCA 152; (2003) 7 VR 480, 484-6 (Callaway JA with whom Winneke P and Vincent JA agreed).

[31] See the discussion in DHC v The Queen [2012] VSCA 52 (Weinberg JA with whom Maxwell P and Buchanan JA agreed).

[33] [2014] VSCA 59 ('McPherson').

[56] [2014] VSCA 94 (Nettle and Priest JJA).

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