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Buckley, Beau v The Queen [2022] VSCA 138

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Maxwell P, T Forrest JA
Parties: 

Buckley, Beau v The Queen

Judgment Date: 
14 July 2022
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - Mandatory sentencing - Aggravated carjacking - Mandatory custodial sentence, minimum 3 year non-parole period 'unless special reason exists' - Judge not satisfied of 'substantial and compelling circumstances that are exceptional and rare' - Whether conclusion reasonably open - Applicant just 18 at time of offending - Immaturity, mental ill-health, substance abuse, vulnerability in custody - Need for rehabilitative disposition - Sentencing court prohibited from considering applicant's prospects of rehabilitation - Exception not applicable - Leave to appeal refused - Farmer v The Queen [2020] VSCA 140 distinguished - Sentencing Act 1991 s10AD.

CRIMINAL LAW - Sentence - Sentencing principles - Mandatory sentencing - Statutory obligation to imprison - Exclusion of recognised sentencing principles - Purported exception practically impossible to satisfy - Effective removal of discretion - Judge as instrument of injustice - Breach of equal justice principle - Adverse impacts of imprisonment - Public interest in rehabilitation of offenders - Benefits of non-custodial dispositions - Need for review of mandatory sentencing provisions - DPP v Tokava [2006] VSCA 156, Azzopardi v The Queen (2011) 35 VR 43; [2011] VSCA 372, Boulton v The Queen (2014) 46 VR 248; [2014] VSCA 342, DPP v Bowen [2021] VSCA 355 considered.

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