| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2025 0058 |
| CAMERON ALLEN (A PSEUDONYM) | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | TAYLOR JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | Determined on the papers |
| DATE OF JUDGMENT: | 3 September 2025 |
| MEDIUM NEUTRAL CITATION: | [2025] VSCA 210 |
| JUDGMENT APPEALED FROM: | DPP v Allen (a pseudonym) (Unreported, County Court of Victoria, Judge Harper, 28 February 2025) |
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APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY A SINGLE JUDGE PURUSANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009
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CRIMINAL LAW – Appeal – Sentence – Applicant convicted of child sex offences and child abuse material offence – Sexual penetration of child under 12 not established on complainant’s evidence – Applicant admitted to sexual penetration in police interview – Whether sentence is manifestly excessive– Whether disclosure of offending given sufficient weight – Appropriate weight given to Doran discount – Principle of totality correctly applied – Order of cumulation well within range – Leave to appeal refused.
R v CLP [2008] VSCA 113; Doran v The Queen [2005] VSCA 271; DPC v The Queen [2011] VSCA 395; JBM v The Queen [2013] VSCA 69, discussed.
Goh v The Queen [2022] VSCA 24; Mush v The Queen [2019] VSCA 307; Ryan v The Queen (2001) CLR 267, referred to.
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| Counsel on the papers | |||
| Applicant: | Ms E Allan | ||
| Respondent: | Ms B Kelly | ||
Solicitors | |||
| Applicant: | Victoria Legal Aid | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
TAYLOR JA:
On 12 February 2025 the applicant pleaded guilty to one charge each of sexual penetration of a child under 12, sexual assault of a child under 16 and possession of child abuse material. On 28 February 2025 he was sentenced as follows[1]:
[1]DPP v Allen (a pseudonym) (Unreported, County Court of Victoria, Judge Harper, 28 February 2025) (‘Reasons’).
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| 1 | Sexual penetration of a child under the age of 12[2] | 25 years | 5 years | Base |
| 2 | Sexual assault of a child under the age of 16[3] | 10 years | 2 years 9 months | 1 year and 9 months |
| 3 | Possession of child abuse material[4] | 10 years | 3 years | 2 years |
| Total Effective Sentence: | 8 years 9 months | |||
| Non-Parole Period: | 5 years 5 months | |||
| Pre-sentence Detention Declared: | 422 days | |||
| Section 6AAA Statement: | Total Effective Sentence 12 years Non Parole-Period 7 years 9 months | |||
| Other Relevant Orders: 1. Sentenced as a serious sexual offender in respect of charge 3.[5] 2. Length of reporting period is life[6] | ||||
[2]Contrary to s 49A(1) of the Crimes Act 1958.
[3]Contrary to s 49D(1) of the Crimes Act.
[4]Contrary to s 51G(1) of the Crimes Act.
[5]Pursuant to s 6F of the Sentencing Act 1991.
[6]Pursuant to s 34 of the Sex Offenders Registration Act 2004.
The applicant now seeks leave to appeal against sentence on two grounds formulated as follows:
1.The sentence imposed on charge 1 is manifestly excessive because it fails to…
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- Allen (a pseudonym) v The King [2025] VSCA 210
- Case
- [2025] VSCA 210
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the sentence was manifestly excessive, whether the disclosure of the offending was given sufficient weight, and if the appropriate weight was given to the Doran discount. The court also needed to determine if the principle of totality was correctly applied and if the order of cumulation was within the acceptable range. The arguments centred around the severity of the sentence in light of the applicant’s admissions and the weight afforded to various sentencing considerations.
The court found that the sentence was not manifestly excessive. It considered the admissions made by Allen in his police interview, the appropriate weight given to the Doran discount, and the principle of totality. The court also examined the order of cumulation and concluded that it was well within the acceptable range. The applicant's arguments did not persuade the court that the sentence was excessive or that there had been any errors in the application of the sentencing principles. Consequently, the court dismissed the application for leave to appeal.
In light of the above, the Supreme Court of Victoria refused Allen leave to appeal against the sentence determined by the single judge.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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