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DPP (Cth) v Swingler [2017] VSCA 305

appeal against sentence — use of carriage service to groom and procure persons under 16 years for sexual activity and child exploitation offences contrary to ss 474.19(1), 474.26(1), 474.27A and 474.27(1) of Commonwealth Criminal Code — state offences — original total imposed sentence 23 months’ imprisonment and 3-year CCO — manifest inadequacy — even if offender had only been sentenced for State offences, sentence imposed manifestly inadequate — degree of cumulation does not adequately reflect gravity of separate criminality involved in charges — victim impact statements — offending had ‘deeply destructive’ impact on victims and families — cumulation of state and federal offences — s 19 — no challenge to individual sentences — objective gravity of overall offending with mitigating factors warranted combined state and federal sentence between six and seven years’ imprisonment — when sentencing for multiple federal offences permissible to select ‘base sentence’ which is normally longest of the individual sentences imposed — application of ss 16 and 17 of the Sentencing Act 1991 (Vic) and s 19 of the Crimes Act 1914 (Cth) — state offences to be sentenced first, then federal offences — court must impose separate non-parole periods for state and federal offences — not possible to fix single non-parole period or make recognisance release order to cover both offences — appeal allowed — offender resentenced — total effective sentence 78 months and one hour imprisonment with 54 months non-parole period
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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