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Torrefranca, Ranulfo v The Queen [2021] VSCA 157

Victorian Court of Appeal
McLeish and Osborn JJA

Torrefranca, Ranulfo v The Queen

Judgment Date: 
9 June 2021

CRIMINAL LAW - Appeal - Sentence - Previous good character - Breach of trust - 62 year-old disability support worker with previous good character sentenced for sexual assault and sexual penetration of persons with cognitive impairment or mental illness - Whether applicant doubly punished for breach of trust - Sentencing judge treated breach of trust as aggravating feature of offending and as diminishing weight of previous good character - Ryan v The Queen (2001) 206 CLR 267, SD v The Queen (2013) 39 VR 487, Wakim v The Queen [2016] VSCA 301, applied - Error shown - Appeal upheld - Appellant resentenced - Crimes Act 1958 ss 40, 52B.