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Murphy, Toby (a pseudonym) v The King [2022] VSCA 259

Victorian Court of Appeal
Niall JA and Kidd AJA

Murphy, Toby (a pseudonym) v The King

Judgment Date: 
24 November 2022

CRIMINAL LAW - Leave to appeal - Sentence - Applicant sentenced for multiple State and Commonwealth offences in relation to sexual offences against children - Where serious offender provisions in Part 2A of Sentencing Act 1991 erroneously applied to Commonwealth offences - Whether finding on applicant's prospects of rehabilitation against weight of evidence and in denial of procedural fairness - Whether judge erred by imposing a sentence that was longer than standard sentence - No reasonable prospect of reducing total effective sentence on any appeal - Leave to appeal refused.