Harlow, Oliver (a Pseudonym) v The Queen [2018] VSCA 234

Judgment type: 
Victorian Court of Appeal
Priest, Beach and Weinberg JJA

Harlow, Oliver (a Pseudonym) v The Queen

Judgment Date: 
14 September 2018

CRIMINAL LAW - Conviction - Appeal - Incest - Indecent act with child under 16 - Course of conduct charges - Whether convictions unsafe and unsatisfactory - Whether evidence 'so vague and nebulous' as to deprive the accused 'of trial fairness' - Level of particularity of incidents required for course of conduct charges - Whether evidence must be capable of being distilled into separate incidents - Proposed ground of appeal not reasonably arguable - Application for leave to appeal against conviction refused - Clause 4A of Schedule 1 of the Criminal Procedure Act 2009.

CRIMINAL LAW - Sentence - Appeal - Multiple charges including multiple charges of incest and committing an indecent act with a child under 16 - Course of conduct charges - Total effective sentence of 21 years, with non-parole period of 15 years - Serious examples of serious offences - No remorse - Aggravating circumstances - Totality - Manifest excess - No totality error - Sentence not manifestly excessive - Appeal dismissed - Sentencing Act 1991, ss 5(2)(b), 5(2F), 6B and 6E.

[2018] VSCA 234