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Kelly, Travis v The Queen [2020] VSCA 171

Victorian Court of Appeal
Priest and Kyrou JJA

Kelly, Travis v The Queen

Judgment Date: 
25 June 2020

CRIMINAL LAW - Appeal - Sentence - One charge of conduct endangering life, one charge of prohibited person possessing firearm - Applicant fired shot in broad daylight at departing car after occupants of car fired two shots at his house - Total effective sentence of 5 years' imprisonment with non-parole period of 3 years - Crown concession that judge erred in finding that a matter was an aggravating factor when the finding was not open on the evidence - Whether error materially affected sentence - Whether individual sentences, order for cumulation, total effective sentence and non-parole period manifestly excessive - Leave to appeal refused.