Lombard (a pseudonym) v The King

Case [2025] VSCA 51


HaSUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2024 0200
MARCUS LOMBARD (A PSEUDONYM)[1] Applicant
v
THE KING Respondent

[1]A pseudonym has been used in place of the name of the applicant in order to protect the identity of the victim of sexual offending.

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JUDGE: BEACH JA
WHERE HELD: Melbourne
DATE OF HEARING: On the papers
DATE OF JUDGMENT: 1 April 2025
MEDIUM NEUTRAL CITATION: [2025] VSCA 51
JUDGMENT APPEALED FROM: [2024] VCC 1499 (Judge Leighfield)

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CRIMINAL LAW – Sentence – Application for leave to appeal – Sexual assault of a child under 16 (3 charges), Sexual penetration of a child under 12 (1 charge) – TES of 7 years 9 months, with NPP of 4 years 6 months – Applicant aged 84 years at sentencing – Sentence imposed following a trial – Manifest excess – Whether sentence manifestly excessive – Not reasonably arguable that sentence manifestly excessive – Application for leave to appeal refused.

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Counsel

Applicant: Mr PJ Smallwood
Respondent: Mr L McAuliffe

Solicitors

Applicant: Tony Hargreaves & Partners
Respondent: Ms A Hogan, Solicitor for Public Prosecutions

BEACH JA:

  1. On 20 May 2024, following a nine day trial in the County Court, the applicant was convicted of three charges of sexual assault of a child under the age of 16 (charges 1, 2 and 3)[2] and one charge of sexual penetration of a child under the age of 12 (charge 4).[3]

    [2]Contrary to s 49D(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016.

    [3]Contrary to s 49A(1) of the Crimes Act 1958, as amended by the Crimes Amendment (Sexual Offences) Act 2016.

  2. On 30 September 2024, following a plea hearing on 30 August 2024, the applicant was sentenced as follows:[4]

Charge

Offence

Standard Sentence

Maximum Sentence

Sentence

Cumulation

1

Sexual assault of a child under the age of 16

4 years

10 years

2 years

3 months

2

Sexual assault of a child under the age of 16

4 years

10 years

3 years

6 months

3

Sexual assault of a child under the age of 16

4 years

10 years

2 years and 3 months

3 months

4

Sexual penetration of a child under the age of 12

10 years

25 years

6 years and 9 months

Base

Total Effective Sentence: 7 years 9 months
Non-Parole Period: 4 years 6 months
Pre-sentence detention: 31 days
Other relevant Orders: Sentenced as a serious sexual offender on charges 3 and 4
  1. The applicant now seeks leave to appeal against sentence on the following proposed ground of appeal:

    1.The sentence imposed on charge 4 (6 years 9 months), the total effective sentence (7 years 9 months) and the non-parole period fixed (4 years 6 months) were each manifestly excessive.

Circumstances of the offending

  1. The applicant’s offending occurred on 16 May 2020. At the time of the offending, he was 80 years of age, and the…

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Lombard (a pseudonym) v The King [2025] VSCA 51
Case
[2025] VSCA 51
Decision Date

CaseChat Overview and Summary

The case of Lombard (a pseudonym) v The King involved an 84-year-old applicant who was convicted of three charges of sexual assault of a child under 16 and one charge of sexual penetration of a child under 12. The applicant was sentenced to a total effective sentence (TES) of 7 years and 9 months, with a non-parole period (NPP) of 4 years and 6 months. The applicant sought leave to appeal against his sentence, arguing that it was manifestly excessive. The High Court was tasked with determining whether the sentence was manifestly excessive and whether it was reasonably arguable that the sentence was manifestly excessive.

The legal issues before the court were whether the sentence imposed by the primary judge was manifestly excessive and whether there was a reasonable arguable case that the sentence was manifestly excessive. The court examined the principles of sentencing and the factors that should be considered when determining the appropriate sentence for such offences. The court also considered the applicant's age and the impact of the sentence on him.

The court held that the sentence was not manifestly excessive, and it was not reasonably arguable that the sentence was manifestly excessive. The court found that the primary judge had considered all relevant factors and had exercised his discretion in a manner consistent with the principles of sentencing. The court also noted that the applicant's age was a mitigating factor, but it did not outweigh the seriousness of the offences. The application for leave to appeal was therefore refused.

Orders

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Evidence Before The Court

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