High Court of Australia

The Queen v Kilic [2016] HCA 48

7 Dec 2016

Case Number: M105/2016


Bell, Gageler, Keane, Nettle, Gordon JJ


Criminal law – Sentencing – Intentionally causing serious injury – Where respondent and victim in domestic relationship – Where victim 12 weeks pregnant with respondent's child – Where respondent caused serious injury to victim by dousing her with petrol and setting her alight – Where instant offence at upper end of range of seriousness for offence of intentionally causing serious injury – Whether Court of Appeal erred in use of expression "worst category" of offence – Whether Court of Appeal erred in consideration of current sentencing practices – Whether sentence imposed by sentencing judge manifestly excessive.

Words and phrases – "comparable case", "current sentencing practices", "maximum prescribed penalty", "spectrum of seriousness", "upper end of the range of seriousness", "worst category", "yardstick".

Crimes Act 1958 (Vic) – s 16.

Sentencing Act 1991 (Vic) – ss 1(a), 5(2)(b).

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