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Director of Public Prosecutons [DPP] v Patil, Jayadev (a pseudonym); Patil, Jayadev (a pseudonym) v The Queen [2020] VSCA 337

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Maxwell P, T Forrest and Weinberg JJA
Parties: 

Director of Public Prosecutons [DPP] v Patil, Jayadev (a pseudonym); Patil, Jayadev (a pseudonym) v The Queen

Judgment Date: 
23 December 2020
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - Crown appeal - Rape in marriage - Rape (10 charges), assault (3), threat to kill - Plea of not guilty - Total effective sentence 9 years and 7 months' imprisonment, non-parole period 6 years and 7 months - Whether manifestly inadequate - Forcible rapes with violence - Humiliating and degrading treatment - Breach of trust - Vulnerable victim - Severe victim impact - Delay - Rehabilitation - Prospect of deportation - Individual rape sentences and total effective sentence manifestly inadequate - Appeal allowed - Resentenced to 14 years' imprisonment, non-parole period 10 years.

CRIMINAL LAW - Appeal - Conviction - Inconsistent verdicts - Rape, assault, threat to kill (16 charges) - Jury returned 10 guilty verdicts, 4 acquittals - Unable to agree on 2 charges - Same complainant - Whether guilty verdicts reconcilable with acquittals - Acquittals explained by particular circumstances - No rejection of complainant's credit - Verdicts not inconsistent - Leave to appeal refused.

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