Henson, Emyr (a Pseudonym) v The Queen [2018] VSCA 283

CRIMINAL LAW
Judgment type: 
Victorian Court of Appeal
Judge(s): 
Beach, Hargrave JJA and Almond AJA
Parties: 

Henson, Emyr (a Pseudonym) v The Queen

Judgment Date: 
7 November 2018
Catchwords: 

CRIMINAL LAW - Conviction - Application for leave to appeal - Prosecutor's closing address - Whether prosecutor's closing address reversed onus of proof - Whether prosecutor's address undermined stature of defence counsel - Whether prosecutor's address encouraged emotive or speculative reasoning - Whether prosecutor's address contained submissions not supported by evidence - Whether prosecutor's address otherwise impermissible - Proposed ground of appeal not reasonably arguable - Application for leave to appeal refused.

CRIMINAL LAW - Sentence - Application for leave to appeal - Rape (3 counts), threat to kill and common assault - Total effective sentence 8 years and 6 months, with non-parole period of 6 years and 3 months - Whether sentences, orders for cumulation or non-parole period manifestly excessive - Complaints of manifest excess not reasonably arguable - Application for leave to appeal refused.

Citation: 
[2018] VSCA 283