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Matthews, Mark v The Queen [2021] VSCA 20

CRIMINAL LAW, PRACTICE AND PROCEDURE
Victorian Court of Appeal
Judge(s): 
Kaye and Niall JJA
Parties: 

Matthews, Mark v The Queen

Judgment Date: 
16 February 2021
Catchwords: 

CRIMINAL LAW - Appeal - Conviction and Sentence - Applicant convicted of one charge of criminal damage, one charge of aggravated burglary, two charges of intentionally causing injury, two charges of recklessly causing injury and one charge of common assault - Total effective sentence 7 years' imprisonment - Non-parole period 4 years 10 months - Jury discharged on first trial - Applicant convicted on second trial - Two jurors discharged during second trial - Whether miscarriage of justice caused by decision by judge to proceed with jury of ten - Whether guilty verdict on common assault charge unsafe and unsatisfactory - Whether judge took into account irrelevant considerations in sentencing - Leave to appeal granted - Appeal dismissed - Carson v The Queen [2019] VSCA 317, Wu v The Queen (1999) 199 CLR 99, R v Baden-Clay (2016) 258 CLR 308, Pell v The Queen [2020] HCA 12 applied, Guden v The Queen (2010) 28 VR 288 considered, Juries Act 2000 s 44.

PRACTICE AND PROCEDURE - Application for extension of time to file application for leave to appeal - Grounds of appeal reasonably arguable - Extension of time granted.

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