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Phongthaihong, Brandon v The Queen  VSCA 317
Victorian Court of Appeal
Kyrou and T Forrest JJA
Phongthaihong, Brandon v The Queen
18 November 2021
CRIMINAL LAW - Appeal - Sentence - Culpable driving causing death - Negligently causing serious injury - Reckless conduct endangering life - Standard sentence - Whether judge engaged in two-stage sentencing in taking into account standard sentence - Manifest excess - Sentence of 12 years and nine months' imprisonment with non-parole period of eight years and nine months manifestly excessive - Orders for cumulation not giving sufficient effect to principle of totality - Mill v The Queen (1988) 166 CLR 59, Brown v The Queen (2019) 59 VR 462 applied; Crimes Act 1958 ss 22, 24, 318(1), Sentencing Act 1991 ss 5A-5B - Appeal allowed - Resentenced to 11 years' imprisonment with non-parole period of seven years.