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Carter, Steven William v The Queen [2020] VSCA 13

Victorian Court of Appeal
Whelan, Priest and Weinberg JJA

Carter, Steven William v The Queen

Judgment Date: 
11 February 2020

CRIMINAL LAW - Appeal - Sentence - Indecent act with child under 16 - Production of child pornography - Possessing child pornography - Failure to comply with reporting obligations under Sex Offenders Registration Act 2004 - Plea of guilty - Significant delay between arrest and sentencing - Applicant sentenced to 5 years' imprisonment with non parole period of 3 years - Applicant in consensual sexual relationship with first complainant - First complainant aged 17 at time of offending - Second complainant aged 15 years and 11 months at time of offending - Images and videos taken with consent of complainants - Whether sentence manifestly excessive - 'Lower level' of objective gravity - Appeal allowed - Applicant resentenced to three years' imprisonment.