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Director of Public Prosecutions [DPP] v Polat, Tarkan (a pseudonym) [2020] VSCA 174

Victorian Court of Appeal
Maxwell P, Beach JA and Croucher AJA

Director of Public Prosecutions [DPP] v Polat, Tarkan (a pseudonym)

Judgment Date: 
25 June 2020

CRIMINAL LAW - Appeal - Sentence - Crown appeal - Incest (four charges), sexual penetration of child under 16 - Sentence of 6 years' imprisonment on each incest charge - Cumulation of 9 months of each sentence - Total effective sentence 9 years and 3 months' imprisonment, non-parole period 6 years - No challenge to individual sentences - Whether orders for cumulation resulted in inadequate total effective sentence and non-parole period - Objectively serious offending - Breach of trust, abuse of parental authority - Psychological manipulation - Offending persisted over long period - Increased culpability with successive offences - Respondent sentenced as serious sexual offender on two incest charges - Presumption of cumulation - Whether orders for cumulation reflected separate criminality of individual offences - Appeal allowed - Orders for cumulation set aside - Resentenced to 12 years and 6 months' imprisonment, non-parole period 9 years - Sentencing Act 1991 ss 6D, 6E.