Robbins, Clinton (a Pseudonym) v The Queen [2017] VSCA 288 [2017] VSCA 288

CRIMINAL LAW
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Tate JA, Whelan JA, Macaulay AJA
Parties: 

Robbins, Clinton (a Pseudonym) v The Queen [2017] VSCA 288

Judgment Date: 
11 October 2017
Catchwords: 

CRIMINAL LAW - Appeal - Conviction - Sexual penetration of child under 16 (six counts) - Attempted sexual penetration of child under 16 (two counts) - Verdicts properly open to jury - No substantial miscarriage of justice - Leave to appeal granted - Appeal dismissed - Criminal Procedure Act 2009 (Vic) s276(1)(a) and s276(1)(c).

CRIMINAL LAW - Appeal - Conviction - Evidence - Jury directions - Delay in complaint - Whether trial judge erred in refusing application for forensic disadvantage direction - Loss of chance to obtain forensic evidence - Loss of chance to explore circumstances of offending - Whether 'significant forensic disadvantage' - Leave to appeal granted - Appeal dismissed - Longman v The Queen (1989) 168 CLR 79; PT v The Queen [2011] VSCA 43; Mulligan (a Pseudonym) v The Queen [2017] VSCA 94 discussed - Greensill v The Queen (2012) 37 VR 257; Jurj v The Queen [2016] VSCA 57; Pate (a Pseudonym) v The Queen (2015) 250 A Crim R 425 distinguished - Jury Directions Act 2015 (Vic) s39 - Criminal Procedure Act 2009 (Vic) s276(1)(b).

CRIMINAL LAW - Appeal - Sentence - Sexual penetration of child under 16 (six counts) - Attempted sexual penetration of child under 16 (two counts) - Total effective sentence nine years' imprisonment - Non-parole period of six years - Whether manifestly excessive - Exceptional circumstances found - Sentences not manifestly excessive - Leave to appeal refused.

CRIMINAL LAW - Appeal - Sentence - Sexual penetration of child under 16 (six counts) - Attempted sexual penetration of child under 16 (two counts) - Total effective sentence nine years’ imprisonment - Non-parole period of six years - Whether trial judge erred in approach to sentencing for multiple offences - Leave to appeal granted - Appeal dismissed.

Citation: 
[2017] VSCA 288