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White, Marcus (a pseudonym) v The King [2022] VSCA 278

Victorian Court of Appeal
Priest, Macaulay and Taylor JJA

White, Marcus (a pseudonym) v The King

Judgment Date: 
15 December 2022

CRIMINAL LAW - Appeal - Conviction - Incest and related charges - Sexual penetration of a child between 10 and 16 and related charges - Two complainants - Charges against each five years apart - Whether impermissible joinder of charges - Whether charges founded on the same facts - Whether offences form or are part of a series of the same or similar character - Whether substantial miscarriage of justice - Counsel for applicant consented to or acquiesced in joinder - Whether accused can consent to joinder of charges for unrelated offences in a single indictment - Whether forensic advantage outweighed the prejudicial effect to the applicant - Application for leave to appeal granted - Appeal allowed - New trials ordered - Criminal Procedure Act 2009; ss159(3)(c), ss170, ss193, ss276(1) - Fleming (a pseudonym) v The Queen [2021] VSCA 206; De Jesus v The Queen (1986) 68 ALR 1; Mulligan (a pseudonym) v The Queen [2017] VSCA 94; R v Barrell and Wilson (1979) 69 Cr App R 250; Nicholls v The Queen [2016] VSCA 250; TKWJ v The Queen (2002) 212 CLR 124 considered.