SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2020 0091
| JASON STANCZEWSKI | Appellant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | PRIEST and NIALL JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 20 July 2021 |
| DATE OF JUDGMENT: | 24 August 2021 |
| MEDIUM NEUTRAL CITATION: | [2021] VSCA 232 |
| JUDGMENT APPEALED FROM: | [2019] VCC 2161 (Judge Pullen) |
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CRIMINAL LAW – Appeal – Sentence – Sexual penetration of a child under the age of 16 – Rolled-up charge – Singing teacher in sexual relationship with 13 year old female student – Delay of 15 years – Whether sentence of 5 years and 11 months with 3 years and 11 months non-parole manifestly excessive – Appeal dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr M Stanton | Pica Criminal lawyers |
| For the Respondent | Ms E Ruddle QC | Ms A Hogan, Solicitor for Public Prosecutions |
PRIEST JA:
Introduction
Pursuant to leave to appeal granted ‘on the papers’,[1] the appellant contends that a sentence imposed upon him in the County Court for sexual offending against a child under 16 years is manifestly excessive.
[1]Stanczewski v The Queen (Unreported, Court of Appeal, Priest JA, 28 October 2020).
Having now had the benefit of full oral argument, I am not persuaded that the sentence imposed is wholly outside the range of sentences open in the sound exercise of the sentencing discretion. I would thus dismiss the appeal.
My reasons — which in large part recapitulate what I wrote when granting leave to appeal — follow.
Overview
In late 2002, when she was aged 12 years, ‘KB’ commenced singing lessons with the appellant, then aged 32.[2] When she was aged 13, the appellant commenced a sexual relationship with KB which continued until early 2005. The sexual activities in which they engaged included digital and penile penetration of KB’s vagina, and penile penetration of her mouth.
[2]KB was born in September 1990. The appellant’s date of birth is 7 September 1970.
On 10 December 2019, the appellant, now aged 50, pleaded guilty before a judge in the County Court to two charges of sexual penetration of a child under the age of 16[3] and two related summary offences of failing to comply with a direction to assist police.[4] The first charge of sexual penetration was a ‘rolled-up charge’ involving digital and penile penetration, and the second charge involved an act of fellatio.
[3]Crimes Act 1958, s 45(1). The maximum penalty is 10 years’ imprisonment.
[4]Crimes Act 1958, s 465AAA. The maximum penalty is 2 years’ imprisonment.
Following a plea, on 17 December 2019 the judge imposed a total effective sentence of five years and 11 months’ imprisonment upon the appellant, with a non-parole period of three years and 11 months, in accordance with the following table:
Charge Offence Sentence Cumulation 1 Sexual penetration of a child under 16 years 5 years Base 2 Sexual penetration of a child under 16 years 3 years 6 months 11 months Relate summary charges 6 Failing to comply with a…
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- AGLC
- Stanczewski v The Queen [2021] VSCA 232
- Case
- [2021] VSCA 232
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