Landale, Jamie (a pseudonym) v The Queen [2022] VSCA 121

CRIMINAL LAW - Conviction - Application for extension of time within which to seek leave to appeal - Rape - Whether verdicts inconsistent - Whether verdicts depended upon assessment of victim's reliability and credibility - Pathway of reasoning open to jury - Clear differences between events subject of charges - MacKenzie v The Queen (1996) 190 CLR 348, applied - Extension of time refused.

CRIMINAL LAW - Sentence - Application for extension of time within which to seek leave to appeal - Fresh evidence - Victim impact statement described difficulty trusting men - Where victim married shortly after sentencing - Whether marriage demonstrated true significance of facts existing at time of sentence - Extension of time refused.

CRIMINAL LAW - Sentence - Application for extension of time within which to seek leave to appeal - Manifest excess - Totality - Total effective sentence of 11 years - Base sentence of 5 years and 6 months for rape - 2 years' cumulation for another charge of rape - Offences occurred within 10 minutes of each other, in same location - Where applicant pleaded not guilty - Significant criminal history - Background of family violence - Principal sentencing purpose of community protection - Extension of time refused.