R v Kilic

HIGH COURT OF AUSTRALIABELL, GAGELER, KEANE, NETTLE AND GORDON JJTHE QUEEN  APPELLANTANDYAVAZ KILIC  RESPONDENTThe Queen v Kilic[2016] HCA 487 December 2016M105/2016ORDER1.Appeal allowed.2.Set aside orders 2 to 7 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 8 December 2015 and in their place order that the appeal to that Court be dismissed.On appeal from the Supreme Court of VictoriaRepresentationG J C Silbert QC with B L Sonnet for the appellant (instructed by Solicitor for Public Prosecutions (Vic))D A Dann QC with G F Connelly for the respondent (instructed by Doogue O'Brien George)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSThe Queen v KilicCriminal 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),...