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Comensoli, Billie v The Queen [2020] VSCA 2

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Maxwell P and Whelan JA
Parties: 

Comensoli, Billie v The Queen

Judgment Date: 
30 January 2020
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - Aggravated burglary and related dishonesty offences - Forced entry into victim's home - Intent to steal - Victim present with two young children - Applicant on bail - Extensive history of drug-related offending - Prior conviction for aggravated burglary - Total effective sentence 3 years and 3 months, non-parole period 1 year and 3 months - Whether individual sentence of 3 years and resulting non-parole period manifestly excessive - No error in assessment of seriousness - Specific deterrence and community protection - Sentence within range - Leave to appeal refused - Hogarth v The Queen (2012) 37 VR 658; [2012] VSCA 302, DPP v Meyers (2014) 44 VR 486; [2014] VSCA 314 considered.

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