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Baker, Johnie (a pseudonym) v The Queen [2021] VSCA 158

Victorian Court of Appeal
McLeish and Osborn JJA

Baker, Johnie (a pseudonym) v The Queen

Judgment Date: 
9 June 2021

CRIMINAL LAW - Appeal - Sentence - Causing injury recklessly - Applicant pushed complainant's head into pot of boiling water, failed to call ambulance and urged complainant to conceal offending - Context of ongoing family violence in breach of intervention orders - Guilty plea - Serious offending - Whether sentence of 3 years' imprisonment manifestly excessive - Despite mitigating factors, sentence not outside available range - Crimes Act 1958 s 18.

CRIMINAL LAW - Appeal - Sentence - Attempting to pervert the course of justice - Applicant urged complainant to withdraw complaint, threatening suicide, distribution of intimate images, and withholding ashes of stillborn child - Whether sentence of 2 years' imprisonment with 1 year cumulation manifestly excessive - Neither sentence nor cumulation manifestly excessive.