R v DM
Case
•
[2007] VSCA 155
•1 August 2007
Details
AGLC
Case
Decision Date
R v DM [2007] VSCA 155
[2007] VSCA 155
1 August 2007
CaseChat Overview and Summary
In the case of R v DM, the respondent appealed against his conviction and sentence. The matter was heard in the High Court of Australia. The respondent was convicted of committing incest and an indecent act with a child under 16. The respondent entered a guilty plea and sought to appeal against his conviction and sentence. The central legal issues that the court had to determine were whether the respondent's conduct could amount to incest at law and whether the sentence imposed on him was manifestly excessive.
The court found that the respondent's conduct could indeed amount to incest at law. The court considered the depositions and the relevant statutory provisions, including the definition of incest under the Crimes Act. The court held that the respondent's conduct fell within the definition of incest and that the conviction was valid. Regarding the sentence, the court found that the sentence imposed on the respondent was not manifestly excessive. The court considered the totality of the sentence and the principles of sentencing and found that the sentence was proportionate to the gravity of the crimes committed. The court held that the sentence was not manifestly excessive and dismissed the appeal against sentence. The court also dismissed the appeal against conviction.
The court found that the respondent's conduct could indeed amount to incest at law. The court considered the depositions and the relevant statutory provisions, including the definition of incest under the Crimes Act. The court held that the respondent's conduct fell within the definition of incest and that the conviction was valid. Regarding the sentence, the court found that the sentence imposed on the respondent was not manifestly excessive. The court considered the totality of the sentence and the principles of sentencing and found that the sentence was proportionate to the gravity of the crimes committed. The court held that the sentence was not manifestly excessive and dismissed the appeal against sentence. The court also dismissed the appeal against conviction.
Details
Key Legal Topics
Areas of Law
-
Criminal Law
Legal Concepts
-
Criminal Liability
-
Manifest Excess
-
Totality Principle
Actions
Download as PDF
Download as Word Document
Citations
R v DM [2007] VSCA 155
Most Recent Citation
C T G v The Queen [2011] VSCA 429
Cases Citing This Decision
10
C T G v The Queen
[2011] VSCA 429
DPP v BDJ
[2009] VSCA 298
R v RLP
[2009] VSCA 271
Cases Cited
5
Statutory Material Cited
0
R v Howe
[2017] QCA 7
Pond & Thurga (No 2)
[2007] FamCA 587
R. v. MDB
[2003] VSCA 181