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Charisiou v. The King

Case No. M41/2026
Case information

Lower Court Judgment

20/11/2025 Supreme Court of Victoria (Court of Appeal) (Priest, Beach and Walker JJA) 

[2025] VSCA 277

Catchwords

Criminal law – sentence – statutory interpretation – Sentencing Act 1991 (Vic) ss 5(1)(a) and 5(2)(g) – whether common law test of ‘exceptional circumstances’ must be satisfied before the objective aspect of family hardship can be considered as a relevant circumstance – Charter of Human Rights and Responsibilities Act 1991 (Vic) ss 17(1) and 32(1) – whether family hardship a relevant circumstance because engaged as a Charter right

Case Summary

Download a brief summary of the case

August 2026 (64.32 KB)
Documents
09/04/2026 Determination
22/04/2026 Notice of appeal
26/05/2026
Written submissions (Appellant) (732.76 KB)
25/05/2026
Chronology (Appellant) (318.91 KB)
09/06/2026
Written submissions (The Law and Advocacy Centre for Women, seeking leave to be heard as amicus curiae) (1.2 MB)
23/06/2026
Written submissions (Respondent) (600.37 KB)
07/07/2026
Written submissions (Attorney-General for the State of Victoria, seeking leave to intervene) (529.56 KB)
07/07/2026
Written submissions (Victorian Equal Opportunity and Human Rights Commission, seeking leave to be heard as amicus curiae) (507.76 KB)
13/07/2026
Amended reply (Appellant) (461.07 KB)
12/08/2026 Hearing [2026] HCATrans 043 (Full Court, Canberra)
12/08/2026
Outline of oral argument (Appellant) (402.93 KB)
12/08/2026
Outline of oral argument (Respondent) (394.48 KB)
12/08/2026
Outline of oral argument (Attorney-General for the State of Victoria, intervening) (501.25 KB)
12/08/2026
Outline of oral argument (The Law and Advocacy Centre for Women, appearing as amicus curiae) (380.33 KB)
12/08/2026
Outline of oral argument (Victorian Equal Opportunity and Human Rights Commission, appearing as amicus curiae) (415.05 KB)
Case recording