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Taleb, Ali v The Queen [2020] VSCA 329

Victorian Court of Appeal
Maxwell P and Weinberg JA

Taleb, Ali v The Queen

Judgment Date: 
21 December 2020

CRIMINAL LAW - Appeal - Sentence - Parity - Home invasion - Total effective sentence 3 years and 3 months' imprisonment, non-parole period 22 months - Co-offender sentenced to 181 days plus 12 month CCO - Whether disparity justified - Co-offender sentenced by lower court, for different offence and on different factual matrix - Co-offender sentence 'inexplicably low' - Applicant's sentence at low end of range - Reasonably open to judge to differentiate between co-offenders - Desirability of co-offenders being sentenced by same court at same time - Leave to appeal refused - Topal v The Queen [2019] VSCA 289, Director of Public Prosecutions (Cth) v Peng [2014] VSCA 128, R v Rodden [2005] VSCA 24, Director of Public Prosecutions (Vic) v O'Brien [2019] VSCA 254 applied - Crimes Act 1958 ss 77, 77A.