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Johnston v The Queen [2012] VSCA 271 (9 November 2012)

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http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSCA/2012/271.html

CRIMINAL LAW – Appeal – Conviction – Whether trial judge misdirected jury regarding application of principles of acting in concert, in limiting use of evidence and in taking into account irrelevant considerations in exercising discretion – Appeal dismissed – No point of principle.

CRIMINAL LAW – Leave to appeal – Sentence – Aggravated burglary, robbery, criminal damage, armed robbery, theft and burglary – Total effective sentence of 5 years 10 months imprisonment, with non-parole period of 3 years 9 months – Three co-offenders – Whether sentences offended the principle of parity – Whether sentencing judge erred in orders for cumulation – Leave refused – No point of principle.


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