Price v The Queen (No 2)

The appellant in this case was convicted for breaching a sex offender supervision order by committing a rape offence, and subsequently sentenced to imprisonment for 4 years and 11 months. The appellant applied for leave to appeal the sentence on the grounds that the sentence amounted to double punishment. The application was made after a delay of over six months, and the appellant sought an extension of time to lodge the application. The application was heard in the Supreme Court of Victoria.

The legal issues before the court were whether the delay in lodging the application for leave to appeal was adequately explained and whether the prospects of success warranted an extension of time. Additionally, the court had to determine whether the sentence imposed by the lower court amounted to double punishment.

The court found that the appellant had adequately explained the delay in lodging the application for leave to appeal. The appellant had experienced difficulties in obtaining legal representation, and the delay did not prejudice the respondent. The court also found that the prospects of success on the appeal warranted an extension of time. The court further held that the sentence imposed by the lower court did not amount to double punishment. The breach of the sex offender supervision order involved separate and distinct criminality, and the reasons disclosed a punishment for the common elements. The appeal was allowed, and the appellant was resentenced.

The court ordered that the appellant be resentenced in accordance with the provisions of the Serious Sex Offenders (Detention and Supervision) Act 2009 and the Sentencing Act 1991. The court also allowed the application for an extension of time for leave to appeal the sentence.