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[2007] VSCA 240
Court of Appeal (Vic)
2007-10-25
VINCENT and NEAVE JJA and CURTAIN AJA
Original judgment source is linked above.
The application for leave to appeal against conviction on count 3 is granted. The appeal is treated as instituted and heard instanter. The conviction sustained by the appellant on count 3 is quashed and the sentence passed thereon is set aside. The Court directs a judgment and verdict of acquittal be entered on that count.
The application for leave to appeal against sentence is granted. The appeal is treated as instituted and heard instanter. The sentences imposed in the court below are quashed and the applicant is re-sentenced as follows:
The Court directs that three months of the sentence imposed on count 2 be served cumulatively upon that imposed on count 1, making for an effective sentence of three years and three months' imprisonment. A non-parole period of two years is fixed.
It is declared that the period of 468 days is to be reckoned as already served under the sentence and the declaration is to be noted in the records of the Court.
22 The Court grants to the appellant an indemnity certificate pursuant to s 14 of the Appeal Costs Act.
[1] Pearce v R (1998) 194 CLR 610, 618. See also R v Langdon [2004] VSCA 205; (2004) 11 VR 18, 27; R v Mason [2006] VSCA 55; and R v Sessions [1998] 2 VR 304.
[2] See Drugs Poisons and Controlled Substances Act 1981, s 70 (definition of traffick) (c).
[3] As in R v Langdon [2004] VSCA 205; (2004) 11 VR 18, 35 (Eames JA).
R
Ngo [2007] VSCA 240