SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 531 of 2007
| THE QUEEN | |
| Applicant | |
| v | |
| WWS | Respondent |
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JUDGES: | VINCENT, NETTLE and NEAVE JJA | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 12 May 2009 | |
DATE OF JUDGMENT: | 5 June 2009 | |
MEDIUM NEUTRAL CITATION: | [2009] VSCA 125 | |
JUDGMENT APPEALED FROM: | R v WW (County Court of Victoria, Judge Douglas, 9 February 2007) | |
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CRIMINAL LAW – Conviction – Application for leave to appeal – Applicant pleaded guilty to nine counts of sexual offences against seven females under the age of 16 – Whether one count was bad for duplicity on the basis that it joined two offences together – Whether offending referred to in that count should instead have been included as a particular – Whether applicant subject to multiple punishment for a single act – Interpretation of Legislation Act 1984 s 51 – Application refused.
CRIMINAL LAW – Sentence – Application for leave to appeal – Whether applicant sentenced on the basis of an offence of which he was not convicted – Whether applicant subject to double or multiple punishment – Whether judge properly sentenced applicant on the basis that he showed no remorse for his offending – Whether individual sentences, total effective sentence and non-parole period manifestly excessive – Application refused.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr D A Trapnell SC | Mr C Hyland, Solicitor for Public Prosecutions |
| For the Applicant | Ms E McKinnon | Victoria Legal Aid |
VINCENT JA
NETTLE JA
NEAVE JA:
I INTRODUCTION
The applicant, WWS, pleaded guilty in the County Court to nine counts of sexual offences against seven children between specified dates spanning the period from 1 January 2000 to 5 December 2004. Three of the children were the grandchildren of his late wife (his step-grandchildren), two were the grandchildren of his late wife’s sister and two were the children of friends. The offending came to light in December 2004, when the complainants AS and AJ made complaints to the Sexual Offences and Child Abuse Unit of the Victoria Police at Morwell.
The applicant pleaded guilty to the following counts:
Count 1 Commission of an indecent act with a child (BK) under the age of 16 2 Commission of an indecent act with a child (BL) under the age of 16 3 Maintaining a sexual relationship with a child (AS) under the age of 16 4 Maintaining a sexual relationship with a child (AJ) under the age of 16 5 Commission of an indecent act with MB in the presence of AS, a child under the age of 16 7 Commission of an indecent act with a child (CJ) under the age of 16 8 Commission of an indecent act with a child (RR) under the age of 16 9 Commission of an indecent act in the presence of RR, a child under the age of 16 (on an occasion other than that referred to in count 8) 10 Commission of an indecent act with a child (CT) under the age of 16
The…
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- AGLC
- R v W W S [2009] VSCA 125
- Case
- [2009] VSCA 125
- Decision Date
CaseChat Overview and Summary
The court examined the relevant sections of the Interpretation of Legislation Act 1984 and determined that the count in question was not bad for duplicity. The court held that the offence referred to in that count was a single act and that the applicant was not subject to multiple punishment for a single act. The court also considered the sentencing submissions and found that the judge had properly taken into account the applicant's lack of remorse and that the sentence, including the non-parole period, was not manifestly excessive.
The application for leave to appeal was refused. The court held that the applicant had not shown that the appeal had a reasonable prospect of success, and that the appeal would not result in a manifestly unjust outcome. The court also found that the application did not raise a question of law of general public importance.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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