Pickford, James (a Pseudonym) v The Queen [2019] VSCA 195

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Kyrou, Emerton and Weinberg JJA
Parties: 

Pickford, James (a Pseudonym) v The Queen

Judgment Date: 
11 September 2019
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - One charge of incest, one charge of indecent act with a child under the age of 16 - Course of conduct charges - Complainant was daughter of applicant's de facto partner - Applicant subsequently married complainant's mother - Complainant aged between 10-15 years during period of offending - Applicant sentenced to total effective sentence of 7 years and 9 months' imprisonment with non-parole period of 5 years and 6 months - Crown concession that sentence bad in law because incest charge included period prior to marriage of applicant and complainant's mother - Amendment to indictment under s 165(1) of Criminal Procedure Act 2009 - Whether proceeding should be remitted to County Court for resentencing - Applicant resentenced to total effective sentence of 6 years and 9 months' imprisonment with non-parole period of 4 years and 9 months.

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