SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2014 0047
| LIN SENG SOO |
| Appellant |
| v |
| THE QUEEN |
| Respondent |
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| JUDGES: | WEINBERG, WHELAN and SANTAMARIA JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 10 November 2014 |
| DATE OF JUDGMENT: | 25 November 2014 |
| MEDIUM NEUTRAL CITATION: | [2014] VSCA 304 |
| JUDGMENT APPEALED FROM: | DPP v SLS [2014] VCC 109 (Judge Cannon) |
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CRIMINAL LAW – Appeal against sentence – Indecent acts with child under 16 years – Common assault –Production of child pornography – Total effective sentence of 5 years – Non-parole period of 3 years – Appellant caring for complainant – Great age disparity – Gross breach of trust - Significance of ‘comparable cases’ – Sentence not manifestly excessive – Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr John McLoughlin | Victoria Legal Aid |
| For the Crown | Mr D Trapnell QC | Mr C Hyland, Solicitor for Public Prosecutions |
WEINBERG JA:
I have had the advantage of reading in draft the reasons for judgment prepared by Santamaria JA. I agree with his Honour that this appeal should be dismissed.
WHELAN JA:
I agree with Santamaria JA.
SANTAMARIA JA:
In October 2013, the appellant (now aged 61), was found guilty of five charges related to sexual offending against a child under 16. Following a plea, the appellant was sentenced on 21 February 2014 as follows:[1]
[1]DPP (Vic) v SLS [2014] VCC 109 (‘Reasons’).
| Charge | Offence | Maximum Penalty | Sentence | Cumulation |
| 1 | Indecent act with a child under 16 [s47(1) of the Crimes Act 1958] | 10 years | 14 months | + 3 months |
| 2 | Common assault [Common Law] | 5 years | 1 month | - |
| 3 | Indecent act with a child under 16 [s47(1) of the Crimes Act 1958] | 10 years | 4 years 6 months | Base |
| 4 | Produce child pornography [s68(1) of the Crimes Act 1958] | 10 years | 8 months | + 1½ months |
| 5 | Produce child pornography [s68(1) of the Crimes Act 1958] | 10 years | 8 months | + 1½ months |
| Total Effective sentence: | 5 years’ imprisonment | |||
| Non-Parole Period: | 3 years | |||
| Pre-sentence detention declared: | 114 days | |||
| Other orders:
| ||||
Ground of Appeal
On 23 July 2014, Osborn JA granted leave to appeal on the following ground:
1.The sentence imposed on Charge 3 and the total effective sentence are manifestly excessive having regard to:
a.The limited nature of the offending;
b.The [appellant’s] age, previous good character and good prospects of rehabilitation;
c. His poor physical health;
d. His strong sense of shame for disgracing his family;
e.The findings that he would find imprisonment more onerous than an ordinary prisoner and that prison would have a deleterious effect on his mental health; and
f. Current sentencing practices.
At the hearing of the appeal, counsel for the appellant confirmed that…
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- AGLC
- Soo v The Queen [2014] VSCA 304
- Case
- [2014] VSCA 304
- Decision Date
CaseChat Overview and Summary
The court examined the nature and circumstances of the offences, including the significant age disparity and the breach of trust. It found that the appellant's care for the complainant did not mitigate the gravity of the offences. The court also considered comparable cases and concluded that the sentence was not manifestly excessive. The appeal was dismissed as the sentence reflected the seriousness of the offences and the need for appropriate punishment and deterrence.
The High Court held that the sentence of five years with a non-parole period of three years was not manifestly excessive. The court found that the sentence appropriately reflected the seriousness of the offences and the need for deterrence and denunciation. The court also noted that the sentence was within the range of sentences typically imposed for similar offences. The appeal against sentence was dismissed, and the original sentence was upheld.
The final orders of the court were that the appeal against sentence was dismissed, and the original sentence of five years imprisonment with a non-parole period of three years was upheld. The court found that the sentence was not manifestly excessive and appropriately reflected the gravity of the offences and the need for deterrence and denunciation. The court also noted that the sentence was within the range of sentences typically imposed for similar offences.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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