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Judge, Benjamin v The Queen; Dix, Harley v The Queen  VSCA 315
Victorian Court of Appeal
Priest and Kyrou JJA
Judge, Benjamin v The Queen; Dix, Harley v The Queen
18 November 2021
CRIMINAL LAW - Appeal - Sentence - Applicants sentenced to 2 years, 6 months' imprisonment for a charge of kidnapping and 2 years' imprisonment for a charge of intentionally causing injury, with total effective sentence of 3 years, 4 months' imprisonment - Whether judge erred in not imposing a combination sentence of a term of imprisonment and a community correction order for kidnapping charge - Whether sentences manifestly excessive - Leave to appeal refused - Sentencing Act 1991 s 5(2H).
CRIMINAL LAW - Appeal - Sentence - Whether judge infringed parity principle in sentencing second applicant to same sentence as first applicant for intentionally causing injury charge - Leave to appeal refused.