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Singh, Samandeep v The Queen [2021] VSCA 161

Victorian Court of Appeal
Kyrou and McLeish JJA

Singh, Samandeep v The Queen

Judgment Date: 
11 June 2021

CRIMINAL LAW - Appeal - Sentence - Dangerous driving causing death - Appellant continued to drive truck while aware of deteriorating brakes - Collided with victim when unable to stop truck on descent - Mid-range seriousness - Guilty plea - Appellant suffered acute mental health decline following offending - Whether sentence of 4 years' imprisonment manifestly excessive - Appellant's severe psychiatric response showed profound remorse and engaged fifth and sixth Verdins principles, but did not constitute past or additional punishment - RLP v The Queen (2009) 213 A Crim R 461, Khoja v The Queen (2013) 66 MVR 116, applied - Appeal allowed - Appellant resentenced to 3 years' imprisonment.

CRIMINAL LAW - Appeal - Sentence - Whether judge erred in not considering imposition of court secure treatment order - No error shown - Less restrictive means of treatment reasonably available - Appellant's condition, albeit severe, could be managed by treatment available in prison - Sentencing Act 1991 s 94B(1).