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Freeburn, Alexander v The Queen [No 2] [2020] VSCA 176

Victorian Court of Appeal
Kyrou, Kaye and Emerton JJA

Freeburn, Alexander v The Queen [No 2]

Judgment Date: 
1 July 2020

CRIMINAL LAW - Appeal - Conviction - Appeal allowed - Conviction of murder substituted with conviction of manslaughter - Sentence - Serious offending in context of short but abusive relationship - Victim particularly vulnerable due to her mild intellectual disability and drug use - Appellant's post-offence conduct aggravated seriousness of offence and his moral culpability - Prior convictions for violent offending - Appellant made two offers to plead guilty to manslaughter - Appellant had dysfunctional, disadvantaged and traumatic upbringing - Exposure to violence, drugs and alcohol during childhood - Principles in Bugmy v The Queen (2013) 249 CLR 571 applicable - Appellant held in custody in a management unit or protection unit - Impact of COVID-19 restrictions taken into account - Guarded prospects of rehabilitation - Appellant sentenced to 12 years' imprisonment with non-parole period of 9 years.