PAMIC v THE KING

80 VR 80·Emerton P, Donaghue and T Forrest JJA
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PAMIC v THE KING Court of AppealEmerton P, Donaghue and T Forrest JJA 17 June, 17 July 2026[2026] VSCA 173Criminal law — Appeal — Sentence — Offender aged 17 or 18 at time of offence — For purpose of sentencing, judge treated offender as a child aged 17 at time of offending — Whether appropriate to sentence offender as an adult for offence committed as a child — Whether weight to be given to general deterrence and denunciation in sentencing adult for offences committed when a child — Sentencing Act 1991 (Vic), s 5(1) — Children Youth & Families Act 2005 (Vic), s 362(1).

P was sentenced in 2024 for aggravated burglary and rape committed in 2008 when he was 17 or 18 years old. In sentencing, given the severity of the offending, the judge gave weight to general deterrence and denunciation as required by s 5(1) of the Sentencing Act 1991 (Vic) when sentencing an adult offender. Had P been sentenced shortly after the offending as a 17-year-old, those principles would have had no role to play, due to their exclusion from the Children, Youth & Families Act 2005 (Vic), s 362(1) as interpreted by CNK v The Queen (2011) 32 VR 641.

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