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Kakoschke, Chloe v The Queen [2020] VSCA 182

Victorian Court of Appeal
Emerton and Weinberg JJA

Kakoschke, Chloe v The Queen

Judgment Date: 
3 July 2020

CRIMINAL LAW - Appeal - Sentence - Aggravated burglary - Theft - Committing indictable offence while on bail - Guilty plea - Aggregate sentence of 3 years and 4 months' imprisonment with non-parole period of 2 years and 6 months - Co-offenders sentenced, by different judge, to time served and 2 year community correction order - Whether material difference in prosecution summary tendered on co-offenders' plea - Whether sentencing discretion miscarried - Whether disparity in sentences gave rise to justifiable sense of grievance - No error on part of either judge - No unjustifiable disparity in sentence - Leave to appeal refused.