CRIMINAL LAW – Application for leave to appeal against sentence – Applicant pleaded guilty to two charges of sexual assault of a child under 16 years, two charges of sexual penetration of a child under 16 years, and grooming for sexual conduct with a child under 16 years – Sentenced to total effective sentence of 3 years and 6 months’ imprisonment with non-parole period of 23 months – Applicant and complainant worked together at bistro – Applicant sexually assaulted complainant in car after applicant and complainant finished shift together – Applicant diagnosed with Borderline Personality Disorder and Adjustment Disorder – Whether judge failed to take into account limb 2 of R v Verdins principles – Leave to appeal refused.
CRIMINAL LAW – Application for leave to appeal against sentence – Whether total effective sentence and non-parole period manifestly excessive – Early pleas of guilty – Significant utilitarian value – Applicant had undertaken significant post-offence rehabilitation – Previous good character – No prior convictions – Ground of appeal sufficiently arguable – Leave to appeal granted.
Sentencing Act 1991, s 6B.
R v Verdins (2007) 16 VR 269; Clarkson v The Queen [2011] VSCA 157; (2011) 32 VR 361; Bugmy v The Queen (2013) 249 CLR 571; Northe v The King [2024] VSCA 145 referred to.
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