R v Bidmade

The appellant was convicted of several offences including dangerous operation of a motor vehicle and injuring police officers. The court imposed a sentence that included a declaration under the Serious Violent Offenders Act 2009 (Vic). The appellant sought leave to appeal against the sentence on the basis that the declaration was inappropriate and that the sentence was manifestly excessive. The court had to determine if the declaration was appropriate and if the sentence was excessive. The court found that the declaration was not appropriate because the appellant's criminal history was not sufficiently serious to warrant such a declaration. The court also found that the sentence was not manifestly excessive but the declaration was inappropriate and needed to be set aside.

The court noted that the appellant had a criminal history that included a number of serious offences, but the court found that the declaration was not appropriate because the appellant's criminal history did not meet the threshold for a serious violent offender declaration. The court also found that the sentence was not manifestly excessive, but the declaration was inappropriate and needed to be set aside. The court allowed the appeal and set aside the declaration made in respect of Counts 6 and 7. The court did not vary the sentence otherwise. The court found that the appellant's criminal history did not warrant a serious violent offender declaration and that the sentence was not manifestly excessive. The court allowed the appeal and set aside the declaration made in respect of Counts 6 and 7.