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Rose, Adam (a pseudonym) v The Queen [2022] VSCA 112

Victorian Court of Appeal
T Forrest and Emerton JJA

Rose, Adam (a pseudonym) v The Queen

Judgment Date: 
14 June 2022

CRIMINAL LAW - Appeal - Sentence - Four charges of indecent act with child under 16 - Five charges of sexual penetration of child under 16 - Sentence of 2 years 5 months' imprisonment - Whether sentence manifestly excessive - Where applicant and complainant formed relationship after meeting at school - Where applicant 18 and complainant 14 years old - Where applicant put pressure on complainant to engage in sexual conduct - Whether insufficient weight given to applicant's youth and immaturity - Where term of imprisonment would jeopardise applicant's prospects of rehabilitation - Where applicant has served approximately 7 months' imprisonment - Leave to appeal granted - Appeal allowed - Resentenced to 1 year community correction order - Clarkson v The Queen (2011) 32 VR 361, considered.