Smith, Jenni Margaret v The Queen [2018] VSCA 258

Judgment type: 
Victorian Court of Appeal
Kaye and T Forrest JJA and Taylor AJA

Smith, Jenni Margaret v The Queen

Judgment Date: 
12 October 2018

CRIMINAL LAW - Appeal against conviction - Applicant convicted of three charges of sexual penetration of a child under 16 years and two charges of indecent act with a child under 16 years - Whether verdicts of guilty unreasonable or cannot be supported by the evidence - Whether jury must have entertained a reasonable doubt as to the veracity of the complainant's evidence - Whether substantial miscarriage of justice occurred - Whether note written by complainant outlining abuse admissible - Whether admitted by error - Application for leave to appeal against conviction refused.

CRIMINAL LAW - Appeal against sentence - Pleaded not-guilty - Applicant sentenced to six years nine months' imprisonment with a non-parole period of three years nine months - Whether sentencing judge erred in making orders for cumulation that were manifestly excessive - Whether total effective sentence manifestly excessive - Whether sentencing judge treated lack of remorse and lack of regard by applicant for consequences of offending as aggravating factors.


[2018] VSCA 258