Middendorp v The Queen [2012] VSCA 47 (22 March 2012)


CRIMINAL LAW – Conviction – Defensive homicide – Whether tendency evidence probative on count of murder and lesser alternative of defensive homicide – Probative value of tendency evidence to objective dimension of self-defence belief – Extent to which similarity between tendency evidence and offending conduct is necessary – Tendency evidence and credibility of applicant – Directions to jury on permissible use of tendency evidence – (VIC) Crimes Act 1958 ss 9AC, 9AD – (VIC) Evidence Act 2008 ss 97, 101 – Application for leave to appeal against conviction refused.

CRIMINAL LAW – Sentence – 12 years head sentence and eight years non-parole period – Specific errors arising from factual findings and approach to Victim Impact Statement – Manifest excess – DPP v Edwards [2009] VSCA 232 considered – Court not persuaded different sentences should be imposed despite specific errors – (VIC) Criminal Procedure Act 2009 s 281(1)(b) – Appeal dismissed.