Friel v The Queen
Case
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[2018] VSCA 48
•5 March 2018
Details
AGLC
Case
Decision Date
Jake Matthew Friel v The Queen [2018] VSCA 48
[2018] VSCA 48
5 March 2018
CaseChat Overview and Summary
Friel was convicted on eight counts of obtaining property by deception, 12 counts of attempting to obtain property by deception, and one count of possessing another person's information. The court sentenced Friel to a total effective term of four years and four months' imprisonment, with a non-parole period of three years. Friel appealed the sentence, arguing it was manifestly excessive and did not adhere to the principles of totality and continuing criminal enterprise provisions.
The legal issues before the court were whether the sentence imposed was manifestly excessive and whether the principles of totality and the continuing criminal enterprise provisions were properly applied. The court considered the nature and circumstances of the offences, Friel's criminal history, and the deterrent effect of the sentence. The court also examined whether the sentence reflected the overall criminality of Friel's conduct.
The court found that the sentence was not manifestly excessive and appropriately reflected the seriousness of the offences. The court noted the aggravating factors, such as the number of victims and the sophistication of the deceptions. The court also considered the mitigating factors, such as Friel's guilty pleas and cooperation with authorities. The court held that the sentence was within the range of appropriate penalties for the offences committed and did not breach the principles of totality or the continuing criminal enterprise provisions. Consequently, the appeal was dismissed.
The legal issues before the court were whether the sentence imposed was manifestly excessive and whether the principles of totality and the continuing criminal enterprise provisions were properly applied. The court considered the nature and circumstances of the offences, Friel's criminal history, and the deterrent effect of the sentence. The court also examined whether the sentence reflected the overall criminality of Friel's conduct.
The court found that the sentence was not manifestly excessive and appropriately reflected the seriousness of the offences. The court noted the aggravating factors, such as the number of victims and the sophistication of the deceptions. The court also considered the mitigating factors, such as Friel's guilty pleas and cooperation with authorities. The court held that the sentence was within the range of appropriate penalties for the offences committed and did not breach the principles of totality or the continuing criminal enterprise provisions. Consequently, the appeal was dismissed.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Appeal
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Criminal Liability
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Sentencing
Actions
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Most Recent Citation
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Cases Cited
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Statutory Material Cited
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Jake Matthew Friel v The Queen
[2017] VSCA 209
Director of Public Prosecutions v Friel
[2016] VCC 1727
Pihlgren v The King; Stephens v The King
[2024] VSCA 47