Shiryar v The Queen

Case

[2022] VSCA 96

25 May 2022


Details
AGLC Case Decision Date
Shiryar v The Queen [2022] VSCA 96 [2022] VSCA 96 25 May 2022

CaseChat Overview and Summary

In the matter of Shiryar versus The Queen, the respondent sought leave to appeal against her sentence for multiple offences, including attempting to pervert the course of justice and persistent contravention of a family violence intervention order. The applicant, Shiryar, was sentenced in the Supreme Court of Queensland to a total effective sentence of two years and nine months, with a non-parole period of two years. The central issue before the court was whether the sentences imposed were manifestly excessive. The court was required to consider whether the sentences were within the appropriate range for the crimes committed, taking into account the totality of the offending and the impact of family violence.

The court examined the nature and circumstances of the offences, as well as the relevant sentencing principles and guidelines. It noted that the applicant had a history of family violence and had persistently contravened a family violence intervention order. The court also considered the seriousness of the offences and the need for general deterrence. After weighing these factors, the court concluded that the sentences imposed were not manifestly excessive and were within the appropriate range for the crimes committed. The court also noted that the sentences took into account the impact of family violence on the victim and the need for rehabilitation.

The court refused the respondent's application for leave to appeal, holding that the sentences were not manifestly excessive and were within the appropriate range. The court emphasised the importance of considering the totality of the offending and the impact of family violence when determining an appropriate sentence. The court also noted that the sentences imposed reflected the seriousness of the offences and the need for general deterrence. The court did not make any further orders.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Manifestly Excessive Sentence

  • Family Violence

  • Attempting to Pervert Course of Justice

  • Persistent Contravention of Order

  • Appeal

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Cases Citing This Decision

14

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Cases Cited

7

Statutory Material Cited

0

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