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Walsh, Timothy Lindsay v The Queen [2022] VSCA 146

Victorian Court of Appeal
Emerton P and Niall JA

Walsh, Timothy Lindsay v The Queen

Judgment Date: 
28 July 2022

CRIMINAL LAW - Appeal - Sentence - One charge of culpable driving causing death, three charges of negligently causing serious injury - Sentence of 14 years' imprisonment with 8 years 5 months non-parole period - Where applicant drove truck while fatigued - Where drugs detected in applicant's system - Whether judge erred in finding high moral culpability - Whether base sentence manifestly excessive - Whether orders for cumulation manifestly excessive - Cumulation excessive - Leave to appeal granted - Appeal allowed - Resentenced to 11 years' imprisonment, with non-parole period of 7 years.

Pasznyk v The Queen (2014) 43 VR 169; Huby v The Queen [2019] VSCA 106, considered.