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Appeal against sentence dismissed

04 March 2016

The Court of Appeal today dismissed an appeal against sentence in Whiteford v The Queen [2016] VSCA 26. The offender had committed a number of offences against his former domestic partner: first, in the early hours of the morning in question when he broke into her home; and secondly, when he subsequently sent her two emails in contravention of a family violence intervention order.

The offender pleaded guilty to one charge of aggravated burglary, one charge of theft, one charge of common assault and two charges of contravening a family violence intervention order. He received an aggregate sentence of five years imprisonment with a non-parole period of three years.

The offender argued that his sentence was manifestly excessive. The Court dismissed the appeal. The Court said that when regard was had to the circumstances of the appellant’s offending (which included prior convictions for violence), it could not be said that the sentence imposed by the judge was wholly outside the permissible range of sentences that could be imposed.

Read the full judgment on Austlii (External link)

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