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Nov, Mark v The Queen [2020] VSCA 11

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Maxwell P and Whelan JA
Parties: 

Nov, Mark v The Queen

Judgment Date: 
7 February 2020
Catchwords: 

CRIMINAL LAW - Appeal - Sentence - Combination sentence imposed - Calculation of pre-sentence detention ('PSD') - While on remand applicant served sentence for unrelated offending - Period of separate sentence erroneously counted as PSD - Power to impose combination sentence subject to limit on period of imprisonment - Corrected PSD figure caused limit to be exceeded - Sentence unlawful - Resentenced - Period of custody reduced, community correction order unchanged - R v Broad [1999] 3 VR 31; [1999] VSCA 149 applied - Director of Public Prosecutions v TY [No 2] (2009) 24 VR 705; [2009] VSCA 226, Younger v The Queen [2017] VSCA 199 considered - Sentencing Act 1991 (Vic) ss 18(1), 44(1).

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