Price (a Pseudonym) v The Queen [2018] VSCA 54

Court of Appeal (Vic)|2018-03-07|Before: Mr J, McLeish JA, Weinberg JA, Leish JA

The application for an extension of time within which to seek leave to appeal against the sentence imposed on 29 May 2015 is allowed.
Leave to appeal against sentence is granted.
The appeal is allowed.
The sentence of his Honour Judge Parsons passed on 29 May 2015 is varied by substituting for the non-parole period of five years' imprisonment a non-parole period fixed at 4 years and 10 months.
The sentence and orders for cumulation are in all other respects confirmed.

15 It should be declared that the applicant has served presentence detention of 1776 days, not including today.

[1] To ensure that there is no possibility of identification of victims, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the applicant.

[2] R v Nguyen [2006] VSCA 184 [36]; Eliasen v The Queen (1991) 53 A Crim R 391, 394.

[3] R v Williams (Unreported, Supreme Court of Victoria, Court of Appeal, Charles JA, Crockett AJA and Southwell AJA, 18 September 1995), quoted with approval in Cardona v The Queen [2011] VSCA 58 [14].

[4] R v Nguyen [2006] VSCA 184 [36]-[37]; Eliasen v The Queen (1991) 53 A Crim R 391, 396.

CRIMINAL LAW - Appeal - Sentence - Application to adduce fresh evidence - Applicant diagnosed with terminal cancer probably present at date of sentence - Life expectancy up to 12 months - Whether sentencing discretion re-opened - Added burden of imprisonment owing to ill-health - Appeal allowed - Non-parole period varied so that applicant eligible for immediate release - R v Nguyen [2006] VSCA 184; Eliasen v The Queen (1991) 53 A Crim R 391; R v Williams (Unreported, Supreme Court of Victoria, Court of Appeal, 18 September 1995) applied.

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