The Law Library of Victoria Home Menu

Stevens, Carley v The Queen [2020] VSCA 170

Victorian Court of Appeal
Emerton and Weinberg JJA

Stevens, Carley v The Queen

Judgment Date: 
24 June 2020

CRIMINAL LAW - Appeal - Sentence - Applicant pleaded guilty to one charge of trafficking in a drug of dependence and one summary charge of dealing with property suspected of being the proceeds of crime - Aggregate sentence of imprisonment imposed with Community Correction Order - Whether a term of imprisonment open on summary charge - Term of imprisonment not open on summary charge - Aggregate sentence not open - Leave to appeal granted - Appeal allowed - Applicant re-sentenced - Fitzpatrick v The Queen [2016] VSCA 63, DPP v Frewstal Pty Ltd (2015) 47 VR 660 applied.