McPadden, Derek v The Queen [2018] VSCA 57

Judgment type: 
Victorian Court of Appeal
Hargrave JA, Priest JA, Kidd AJA

McPadden, Derek v The Queen

Judgment Date: 
9 March 2018

CRIMINAL LAW - Conviction - Appeal - Arson and other offences - Conduct of trial judge - Intervention by trial judge - Apparent impatience with cross-examination by defence counsel - Implicit criticism of defence counsel's cross-examination - Whether unacceptable prejudice to defence case - Whether substantial miscarriage of justice - Leave to appeal refused.

CRIMINAL LAW - Sentence - Appeal - Arson and other offences - Whether sentence of nine years' imprisonment with six year non-parole period manifestly excessive - Whether judge erred by sentencing according to s6AAA of the Sentencing Act 1991 declaration made with respect to co-accused - Leave to appeal refused.

[2018] VSCA 57