Dezylva v The Queen

This matter concerns an application for special leave to appeal to the High Court of Australia, brought by the applicant, Dezylva, against a decision of the Court of Criminal Appeal of Victoria. The Court of Criminal Appeal had partially allowed an appeal against sentences imposed in the County Court of Melbourne. A subsequent supplemental judgment varied the sentences further.

The legal issues before the High Court revolved around the proper approach of the Court of Criminal Appeal in Victoria when setting aside a sentence and resentencing an appellant. Specifically, the applicant sought to challenge the basis upon which the Court of Criminal Appeal acted in varying a sentence, particularly in relation to section 568(4) of the *Crimes Act* of Victoria, which was noted as being in common form with similar provisions in other Australian jurisdictions. The applicant also initially raised, but subsequently abandoned, a ground concerning the aggravation of sentence due to being on bail.

The Court of Criminal Appeal had quashed an order disentitling the applicant from early release, finding it unwarranted and an error. It also resentenced the applicant on a specific Commonwealth indictment, reducing a 10-year sentence with a six-year minimum to a four-year sentence with a three-year minimum. This resentencing was undertaken with the stated aim of maintaining the original aggregate sentence of 16 years with a 13-year minimum for parole eligibility. The applicant contended that this approach to resentencing was legally flawed.

The High Court granted special leave to appeal.