R v Thai [2005] VSCA 283

Court of Appeal (Vic)|2005-11-29|Before: CHARLES, BUCHANAN and EAMES, JJ.A.

The application for leave to appeal against sentence is granted.

The appeal is treated as instituted and heard instanter and is allowed.

The sentence imposed below is set aside and in lieu thereof the appellant is convicted and sentenced to 5 years' imprisonment.

The Court orders that the appellant serve 31/2 years' imprisonment before becoming eligible for parole.

The Court declares that, as at this day, the period to be reckoned as already served under this sentence is 607 days and directs that the fact of the making of this declaration and its details be noted in the records of the Court.

By s.16F of the Crimes Act the Court is required by law to explain the effect of this sentence to the appellant Phenny Thai and, Mr Holdenson, we will require you,

since we are obliged to cause the sentence to be explained, to explain the effect of this sentence to your client.

MR HOLDENSON: I will cause that to be done.

The application for leave to appeal against sentence is granted.

The appeal is treated as instituted and heard instanter and is allowed.

The sentence imposed below is set aside. In lieu thereof the appellant is convicted and sentenced to 2 years and 6 months' imprisonment.

The Court orders the release of the appellant under paragraph 20(1)(b) of the Crimes Act 1914 after serving 271 days of this term of imprisonment upon the appellant giving security by recognisance of $2,000 to comply with the condition that the appellant is to be of good behaviour for 21 months.

The Court declares that, as at this day, the period to be reckoned as already served under this sentence is 271 days and directs that the fact of the making of this declaration and its details be noted in the records of the Court.

The Court is required by law to explain the effect of this sentence to the appellant Thi Loang Thai and again, Mr Glynn, in the absence of your client we require you to explain the effect of the sentence to her.

[1] See R. v. Perrier No. 2 [1991] VicRp 38; (1992) 59 A.Crim.R. 164 at 167, 168.

[2] See R. v. Pearce unreported Court of Appeal 19 September 1996 (Callaway, J.A., Southwell and Coldrey, A.JJ.A.).

[3] See R. v. Carmody (1998) 100 A.Crim.R. 41 at 45 per Tadgell, J.A.

[4] See Carmody at 45, per Tadgell, J.A., per Callaway, J.A. at 47.

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