Luu, Minh v The Queen [2018] VSCA 92

Judgment type: 
Victorian Court of Appeal
Ferguson CJ, Osborn JA, Beach JA

Luu, Minh v The Queen

Judgment Date: 
16 April 2018

CRIMINAL LAW - Sentence - Appeal - Multiple offences - Applicant sentenced to imprisonment for 1 year and 18 month community correction order - Contravention of community correction order - Community correction order cancelled - Applicant sentence to 6 months' imprisonment for contravention of CCO - Upon cancellation of CCO, applicant sentenced to total effective sentence of 3 years with non-parole period of 2 years - Applicant already served 1 year term of imprisonment - Sentence for contravention of CCO in excess of maximum term of imprisonment - Crown concessions that sentence breached totality principle and manifestly excessive - Appeal allowed - Original term of imprisonment set aside - Applicant resentenced - Time in custody under original sentence declared as pre-sentence detention - Sentencing Act 1991, ss 11, 18, 83AD and 83AS.

[2018] VSCA 92