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Office Number: (03) 9077 4834 | After Hours Number: 0434 701 484
Office Number: (03) 9077 4834
After Hours Number: 0434 701 484

Appeals against Conviction and Sentence

Al-Bab v The King [2025] VSCA 22 (28 February 2025)
Application for leave to appeal – Aggravated burglary – Possession of a drug of dependence – Prohibited person possess a firearm – Recklessly deal with proceeds of crime – Possessing cartridge ammunition without a licence, permit or exemption – Dealing with property suspected to be the proceeds of crime

Application refused.

Schmidt v The King [2024] VSCA 256 (31 October 2024)
Appeal against conviction – Application for leave to appeal – Sexual assault – Rape

Appeal allowed.

Director of Public Prosecutions v Gil [2024] VSCA 241 (17 October 2024)
Interlocutory appeal – Sexual penetration of child under 16 years

Appeal allowed.

Tabban v The King [2024] VSCA 216 (23 September 2024)
Application for leave to appeal against sentence – Sexual assault

Application refused.

DPP v Tiumalu [2024] VSCA 192 (5 September 2024)
Appeal against sentence – Manslaughter by unlawful and dangerous act

Kelly v The King [2024] VSCA 185 (29 August 2024)
Application for leave to appeal – Aggravated burglary – Common assault – Theft

Application to extend time refused.

Baker (a pseudonym) v The King [2024] VSCA 87 (7 May 2024)
Appeal against conviction – Indecent act with a child aged under 16 years – sexual activity in the presence of a child under the age of 16 years – Incest – Sexual assault of a child under the age of 16 years – Sexual assault of a child aged 16 or 17 years under his care, supervision or authority – Sexual penetration of a child or lineal descendant

Gardner (a pseudonym) v The King [2024] VSCA 83 (30 April 2024)
Application for an extension of time to apply for leave to appeal against conviction – False imprisonment – Rape

Application dismissed.>

Liddell v The King [2024] VSCA 18 (5 March 2024)
Appeal against sentence – Arson with intent to endanger life – Intentionally causing injury

Appeal dismissed.

Seualuga v The King [2024] VSCA 7 (20 February 2024)
Appeal against sentence – Burglary – Criminal damage – Attempted aggravated burglary – Criminal damage – Aggravated burglary – Theft – Armed robbery – Contravene a conduct condition of bail – Commit indictable offence whilst on bail.

Appeal allowed.

Santos (a pseudonym) v The King [2023] VSCA 320 (14 December 2023)
Application for leave to appeal against conviction – Sexual penetration of a child under 16 – Incest – Sexual assault of a child under 16 – Sexual penetration of his child or lineal descendant

Appeal allowed.

Natano v The King [2023] VSCA 261 (31 October 2023)
Application for leave to appeal against sentence – Arson – Negligently causing serious injury – Failure to render assistance after an accident contrary to s 61(3) of the Road Safety Act 1986 – Damaging property – Causing serious injury intentionally – Make threat to kill – Reckless conduct endangering life – Aggravated carjacking – Resist police officer contrary to s 52 (1) of the Summary Offences Act 1966 – Learner driver driving without supervision contrary to r 47(2) of the Road Safety (Drivers) Regulations 2019

Appeal refused.

DPP v Merryfull; DPP v Bloomfield [2023] VSCA 244 (13 October 2023)
Crown appeal against sentence – Rape – Sexual assault

Appeal dismissed.

Glowacki v The King [2023] VSCA 176 (3 August 2023)
Appeal against conviction – Aggravated home invasion

Appeal allowed.

Jones v The King [2023] VSCA 167 (20 July 2023)
Appeal against sentence – Reckless conduct endangering serious injury – Recklessly causing injury – Failing to render assistance after an accident – Using an unregistered motor vehicle – Commit an indictable offence on bail

Appeal refused.

Nelis v The King [2023] VSCA 128 (29 May 2023)
Appeal against sentence – Manslaughter by gross negligence

Appeal allowed.

Wilio v The King [2023] VSCA 88 (27 April 2023)
Application for leave to appeal against conviction and sentence – Murder – Attempted armed robbery

Appeal refused.

Khoshaba v The King [2023] VSCA 65 (30 March 2023)
Application for leave to appeal against sentence – Arson – Commit indictable offence whilst on bail