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[2005] VSCA 240
Court of Appeal (Vic)
2005-10-06
CALLAWAY, BUCHANAN and EAMES, JJ.A.
Original judgment source is linked above.
The application for leave to appeal against sentence is granted.
The appeal is treated as instituted and heard instanter and is allowed in part.
The sentences imposed on the individual counts are affirmed.
The direction for cumulation is set aside.
In lieu thereof it is directed that three months of each of the sentences imposed on counts 6, 9, 10, 16, 17 and 18 be served cumulatively upon each other and upon the sentence imposed on count 20, making a total effective sentence of four-and-a-half years' imprisonment.
A non-parole period of two-and-a-half years is fixed.
The appellant has been sentenced for a continuing criminal enterprise offence in respect of the offences the subject of counts 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 and 20. It is ordered that that fact be entered in the records of the Court.
It is declared that the period of 463 days is to be reckoned as already served under the sentence and it is ordered that there be noted in the records of the Court the fact that that declaration was made and its details.
[1] [1998] VSCA 32; (1998) 7 V.R. 693 at 697-8.
[2] [1974] HCA 26; (1974) 131 C.L.R. 623 at 629.
[3] (1986) 6 N.S.W.L.R. 603 at 604.
R
Benning [2005] VSCA 240