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Director of Public Prosecutions [DPP] v Snow, Michaela (a pseudonym) [2020] VSCA 67

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Maxwell P, Beach JA and Croucher AJA
Parties: 

Director of Public Prosecutions [DPP] v Snow, Michaela (a pseudonym)

Judgment Date: 
26 March 2020
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - Crown appeal - Recklessly cause serious injury, sexual penetration of stepchild - Plea of guilty - Sentenced to 4 years' imprisonment with non-parole period of 1 year - Whether sentence manifestly inadequate - Whether proportionate to objective gravity - Extremely serious offending - Victim aged 5 - Respondent was carer - Life-threatening injuries - Grave breach of trust - Powerful mitigating factors - Background of disadvantage, violence, sexual abuse - Moral culpability substantially reduced, general deterrence substantially moderated - Discretion of mercy exercised - Exceptional circumstances - More severe sentence not required - Appeal dismissed - Bugmy v The Queen (2013) 249 CLR 571, Munda v The Queen (2013) 249 CLR 600, DPP v Miceli (1997) 94 A Crim R 327 applied.

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