[1980] VR 267
FREEMAN v HARRIS
SUPREME COURT OF VICTORIA FULL COURT
STARKE, MURPHY and BROOKING, JJ
25, 26 October, 29 November 1979
[1980] VR 267
Appeal — Case stated — "Facts" — Criminal law — Theft — Case stated from
County Court to Supreme Court — Whether case may be stated where appeal
against sentence only — Exercise of sentencing discretion by County Court — Exercise of discretion by Supreme Court — Magistrates' Courts Act 1971 (No.
8184), s85.
.
The appellant had been convicted in a Magistrates' Court on three charges of
theft. On appeal to the County Court, the sentences were increased to the
maximum available and, on the ground that the sentences were manifestly
excessive, the appellant applied to the Supreme Court by way of a case stated
under s85 of the Magistrates' Courts Act 1971.
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[1980] VR 267
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