| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2021 0067 |
| JAMIE LANDALE (A PSEUDONYM)[1] | Applicant |
| v | |
| THE QUEEN | Respondent |
[1]To ensure that there is no possibility of identification of the victim of the sexual offending, this judgment has been anonymised by the adoption of a pseudonym in place of the applicant’s name.
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| JUDGES: | KYROU, T FORREST and WALKER JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 24 May 2022 |
| DATE OF JUDGMENT: | 24 June 2022 |
| MEDIUM NEUTRAL CITATION: | [2022] VSCA 121 |
| JUDGMENTS APPEALED FROM: | DPP v Landale (a pseudonym) (Unreported, County Court, Judge Allen, 9 August 2018) (Conviction); [2019] VCC 19 (Sentence) |
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CRIMINAL LAW – Conviction – Application for extension of time within which to seek leave to appeal – Rape – Whether verdicts inconsistent – Whether verdicts depended upon assessment of victim’s reliability and credibility – Pathway of reasoning open to jury – Clear differences between events subject of charges – MacKenzie v The Queen (1996) 190 CLR 348, applied – Extension of time refused.
CRIMINAL LAW – Sentence – Application for extension of time within which to seek leave to appeal – Fresh evidence – Victim impact statement described difficulty trusting men – Where victim married shortly after sentencing – Whether marriage demonstrated true significance of facts existing at time of sentence – Extension of time refused.
CRIMINAL LAW – Sentence – Application for extension of time within which to seek leave to appeal – Manifest excess – Totality – Total effective sentence of 11 years – Base sentence of 5 years and 6 months for rape – 2 years’ cumulation for another charge of rape – Offences occurred within 10 minutes of each other, in same location – Where applicant pleaded not guilty – Significant criminal history – Background of family violence – Principal sentencing purpose of community protection – Extension of time refused.
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| Counsel | |||
| Applicant: | Ms CA Boston with Ms H Canham | ||
| Respondent: | Ms DI Piekusis QC with Mr G Buchhorn | ||
Solicitors | |||
| Applicant: | Victoria Legal Aid | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
KYROU JA
T FORREST JA
WALKER JA:
Introduction and summary of conclusions
The applicant was convicted of four charges of rape, one charge of false imprisonment and two charges of common law assault. He was acquitted on one charge of rape and two charges of false imprisonment. He was sentenced to a total effective sentence of 11 years’ imprisonment, with a non-parole period of 7 years and 6 months, as follows:
Charge on Indictment
Offence
Max Penalty
Sentence
Cumulation
1 Rape[2] (penile/oral penetration) 25 years 4 years 18 months 2 Rape (penile/oral penetration) 25 years 4 years and 6 months 18 months 3 Common law assault 5 years 6 months 2 months 5 False imprisonment[3] 10 years 6 months 2 months 6 Common law assault 5 years 9 months 2 months 9 Rape (penile/vaginal penetration) 25 years 5 years 2 years 10 Rape (penile/vaginal penetration) 25 years 5 years and 6 months Base Total Effective Sentence: 11 years’…
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- AGLC
- Landale (a pseudonym) v The Queen [2022] VSCA 121
- Case
- [2022] VSCA 121
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the verdicts were inconsistent, whether they depended on the assessment of the victim's reliability and credibility, and whether the sentence imposed was manifestly excessive. The court also needed to determine if there was fresh evidence that warranted an extension of time to appeal and if the sentence reflected the true significance of the facts at the time of sentencing.
The court found that the verdicts were not inconsistent as there were clear differences between the events subject of the charges, and the pathway of reasoning open to the jury allowed for separate consideration of each charge. Regarding the victim's reliability and credibility, the court determined that these issues were properly before the jury and did not warrant an extension of time. As for the fresh evidence concerning the victim's trust in men post-marriage, the court found that the marriage did not demonstrate the true significance of the facts existing at the time of sentencing. Finally, the court held that the sentence, although severe, was not manifestly excessive when considering the totality of the circumstances, including the applicant's significant criminal history and the principle of community protection.
The High Court refused the application for an extension of time to seek leave to appeal. The court held that none of the grounds presented by Landale were sufficient to warrant an extension of time. The court emphasised the importance of adhering to time limits for seeking leave to appeal and the need for compelling reasons to justify an extension.
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
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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