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Wasif, Fady v The Queen [2022] VSCA 182

Victorian Court of Appeal
Niall and Kaye JJA

Wasif, Fady v The Queen

Judgment Date: 
1 September 2022

CRIMINAL LAW - Application for leave to appeal against sentence - Resentencing following breach of community correction order - Original sentence of 11 months 14 days' imprisonment and community correction order for two years for offences of intentionally damaging property, stalking, theft, attempt to pervert the course of justice and breach of bail - Plea of guilty to charge of breach of community correction order - Failure to attend a number appointments as required by corrections authority - Applicant resentenced to 22 months' imprisonment - Whether sentence manifestly excessive - Principle of parsimony - Section 5(3) of Sentencing Act 1991 - Application for leave, and appeal, allowed - Applicant resentenced to 12 months' and 14 days imprisonment.