Case M29/2013

Elias v. The Queen and Anor

Case No.


Related matters:

M25/2013 – Issa v. The Queen & Anor; M28/2013 – Pantazis v. The Queen & Anor (Discontinued)

Case Information

Lower Court Judgment

30/07/2012 Supreme Court of Victoria (Court of Appeal)(Warren CJ, Redlich, Hansen & Osborn JJA & Curtain AJA)

[2012] VSCA 160


Criminal law – Sentencing – Most appropriate offence – Liang & Li principle – Maximum penalty for the offence of attempting to pervert the course of justice at common law is prescribed by section 320 of the Crimes Act 1958 (Vic) at 25 years imprisonment – Under section 43 of the Crimes Act 1914 (Cth) maximum penalty at relevant time was five years imprisonment – Whether Court of Appeal erred in failing to have regard to the lighter sentence.

Short Particulars


15/03/2013 Hearing (SLA, Melbourne)

02/04/2013 Notice of appeal

08/04/2013 Submitting appearance (Second Respondent)

19/04/2013 Written submissions (Appellants)

19/04/2013 Chronology

09/05/2013 Written submissions (First Respondent)

23/05/2013 Reply

30/05/2013 Hearing (Full Court, Canberra)

27/06/2013 Judgment  (Judgment summary)