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Snyder, Clifton (A Pseudonym) v The Queen [2022] VSCA 140

Victorian Court of Appeal
Priest, Kyrou and T Forrest JJA

Snyder, Clifton (A Pseudonym) v The Queen

Judgment Date: 
20 July 2022

CRIMINAL LAW - Appeal - Conviction - Judge alone trial - Eight charges of sexual penetration of a child under 16 - Complainant died after giving evidence at committal and before trial - Whether judge erred in admitting and relying upon complaint evidence, in the application of expert evidence, in approach to complainant's prior inconsistent statements or in rejecting unchallenged evidence of complainant's mother - Whether verdicts unreasonable or cannot be supported having regard to evidence - Leave to appeal refused - Evidence Act 2008, s 65; Criminal Procedure Act 2009, ss 420D, 420E, 276(1)(a) - Filippou v The Queen (2015) 256 CLR 47; Higgins v The Queen [2020] NSWCCA 149 considered.

CRIMINAL LAW - Appeal - Sentence - Eight charges of sexual penetration of a child under 16 - Offending in 1993 and 1994 - Total effective sentence of 4 years and 6 months' imprisonment - Whether judge erred in manner in which he took into account conduct which did not result in conviction or in finding connection between offending and complainant's psychiatric difficulties - Whether judge erred in concluding that totality was to be accorded less weight because applicant not remorseful and in reducing weight given to delay due to applicant contesting 'every aspect of the case' - Whether sentence manifestly excessive - Leave to appeal refused.