| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0113 |
| SHANE GREENE (A PSEUDONYM)0F[1] | Applicant |
| v | |
| THE KING | Respondent |
[1]To avoid the possibility of identifying the victim of a sexual offence, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.
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| JUDGE: | TAYLOR JA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | Determined on the papers |
| DATE OF JUDGMENT: | 24 October 2023 |
| MEDIUM NEUTRAL CITATION: | [2023] VSCA 252 |
| JUDGMENT APPEALED FROM: | DPP v Greene (a pseudonym) [2023] VCC 942 (Judge Ellis) |
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APPLICATION FOR LEAVE TO APPEAL AGAINST SENTENCE DETERMINED BY A SINGLE JUDGE PURSUANT TO S 315 OF THE CRIMINAL PROCEDURE ACT 2009
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CRIMINAL LAW – Leave to appeal – Sentence – 11 charges relating to sexual offending against child under 16 years – One charge of using carriage service for sexual activity with person under 16 years – One complainant aged 7–14 during period of offending – Other complainant aged 12/13 – Complainants younger cousins of applicant’s then girlfriend – Total effective sentence of 13 years and 8 months’ imprisonment with non-parole period of 9 years and 2 months – Whether sentence manifestly excessive – Leave to appeal refused.
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| Counsel for written submissions | ||
| Applicant: | Ms E Clark | |
| Respondent: | Ms M Mahady | |
Solicitors | ||
| Applicant: | Pica Criminal Lawyers | |
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | |
TAYLOR JA:
Introduction and summary
On 27 February 2023 the applicant was convicted by a County Court jury of 11 child sexual offences, being all charges on indictment M11089304.1A. All offences involved the same complainant, Claire Rogers1F[2]. He subsequently pleaded guilty to a single charge of using a carriage service for sexual activity with a person under 16 years, being the only charge on indictment M11089304.1B. That offence involved a different complainant, Anna Rogers,2F[3] the older sister of the first complainant.
[2]A pseudonym.
[3]A pseudonym.
Following a plea hearing on 23 May 2023, the applicant was sentenced on 5 and 7 June 2023 as follows:
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation / Commencement |
| Indictment M11089304.1A | ||||
| 1 | Indecent act with a child under 16 years | 10 years | 12 months | 3 months |
| 2 | Sexual penetration of a child under 16 years | 25 years | 6 years and 6 months | 2 years and 6 months |
| 3 | Indecent act with a child under 16 years | 10 years | 6 months | N/A |
| 4 | Indecent act with a child under 16 years | 10 years | 9 months | 4 months |
| 5 | Indecent act with a child under 16 years | 10 years | 15 months | 5 months |
| 6 | Sexual penetration of a child under 16 years | 10 years | 5 years | 9 months |
| 7 | Sexual penetration of a child under 16 years | 10 years | 8 years | Base |
| 8 | Indecent act with a child under 16 years | 10 years | 12 months | 3 months |
| 9 | Indecent act with a child under 16 years | 10 years | 3 months | N/A |
| 10 | Sexual penetration of a child under 16 years | 10 years | 5 years | 12 months |
| 11 | Sexual penetration… | |||
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- AGLC
- Greene (a pseudonym) v The King [2023] VSCA 252
- Case
- [2023] VSCA 252
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the sentence imposed on Greene was manifestly excessive, such that it warranted the grant of leave to appeal. This involved a consideration of the gravity of the offences, the nature and extent of Greene's offending, the impact on the victims, and the principles of sentencing as outlined in relevant legislation and case law. The court also had to assess whether the sentence fell outside the range of sentences that could be considered reasonable in all the circumstances.
The court found that while the offences were of a serious nature, the sentence imposed was within the range of sentences that could be considered appropriate. The court emphasised the need for sentences to reflect the seriousness of the offences, provide deterrence, and protect the community. The judge detailed the aggravating and mitigating factors considered, including the vulnerability of the victims and the impact of the offending on them, as well as Greene's background and personal circumstances. The court concluded that the sentence was not manifestly excessive and denied leave to appeal.
The final orders of the court were that leave to appeal the sentence imposed on Greene was refused. The conviction and sentence remained in place, with no further appeal permitted on the grounds of the sentence being manifestly excessive.
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
Legal Principle Established
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