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Director of Public Prosecutions [DPP] v Keller, Benjamin (a pseudonym) [2021] VSCA 334

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Maxwell P, Kaye and Sifris JJA
Parties: 

Director of Public Prosecutions [DPP] v Keller, Benjamin (a pseudonym)

Judgment Date: 
3 December 2021
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - Crown appeal - Competency - Notice of appeal - Whether valid - Respondent sentenced on four charges - Aggregate sentence on two charges - Separate sentences on other charges - Notice of appeal referred only to 'the sentence imposed' - Failed to specify which sentence or sentences under appeal - Appeal incompetent - Leave to amend refused - Criminal Procedure Act 2009 ss 3, 287, 288, Supreme Court (Criminal Procedure) Rules 2017 r 1.15, Sentencing Act 1991 ss 9, 44 - Ludeman v The Queen (2010) 31 VR 606, DPP v Jones (2013) 40 VR 267, DPP v Currie [2021] VSCA 272 applied.

CRIMINAL LAW - Appeal - Sentence - Crown appeal - Rape, indecent assault, assault, destroy property - Offences committed against domestic partner - Total effective sentence 12 months' imprisonment combined with 3 year community correction order - Whether manifestly inadequate - Exceptional circumstances - Respondent expressed immediate remorse - Substantial delay between offending and sentence - Significant rehabilitation during period of delay - Strong work history - Utilitarian value of plea during COVID-19 pandemic - Sentence within range - R v Merrett (2007) 14 VR 392, Bourne v The Queen [2011] VSCA 159, Worboyes v The Queen [2021] VSCA 169 applied.

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