Lunt v The Queen

[2011] VSCA 56

SUPREME COURT OF VICTORIA

COURT OF APPEAL

S APCR 2009 0746

NOEL CLIFFARD LUNT

v

THE QUEEN

S APCR 2009 0748

VIET HUYNH

v

THE QUEEN

S APCR 2010 0107

DANIEL SAZDOV

v

THE QUEEN

S APCR 2009 0758

LK

v

THE QUEEN

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JUDGES	NETTLE, NEAVE and TATE JJA
WHERE HELD	MELBOURNE
DATE OF HEARING	16 February 2011
DATE OF JUDGMENT	9 March 2011
MEDIUM NEUTRAL CITATION	[2011] VSCA 56
JUDGMENT APPEALED FROM	[2009] VSC 291 (Kaye J)

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CRIMINAL LAW – Sentencing – Multiple youthful offenders acting in concert – Manslaughter, affray and intentionally causing serious injury – Unprovoked attack on defenceless victims – Common grounds of appeal of manifest excessiveness and parity – Additional grounds including pleas of guilty, age, parity and totality – Whether judge gave too much weight to general deterrence – Whether judge gave sufficient weight to matters of rehabilitation and remorse – Sentences imposed ranging between nine and eleven years with non–parole periods ranging between five years and six months to seven years – Minor adjustment made for one applicant for pre-sentence detention – Otherwise leave to appeal refused for all applicants.

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Appearances:	Counsel	Solicitors
For the Applicant Lunt	Mr C B Boyce	Theo Magazis & Associates
For the Applicant Huynh	Mr P J Doyle	Revill Papa Lawyers
For the Applicant Sazdov	Mr J P Dickinson SC	Stephen Andrianakis & Associates
For the Applicant LK	Mr L C Carter	Valos Black & Associates
For the Crown	Mr S M Cooper	Mr C Hyland, Solicitor for Public Prosecutions

NETTLE JA:

1. These are applications for leave to appeal against sentences of imprisonment imposed on the applicants for manslaughter, and related offences of affray and intentionally causing serious injury and injury, which they committed in concert on the night of 22 February 2008.

The facts of the offending

1. The circumstances of the offending are recited in the judge’s sentencing remarks.  The offences were committed during an incident outside some shops in Stenson Rd, Kealba at about 11.45 pm on Friday 22 February 2008.  At that time, Noel Lunt was 18 years of age, LK was 16 years of age, Viet Huynh was 19 years of age and Daniel Sazdov was 20 years of age.  Their offences resulted in the death of Bao Tran, who was then aged 17 years, and the infliction of serious injuries on three other victims, Andres Molina (then aged 18 years), and Maile Latu, Johnny Phan and Tien Le (who were then aged 17, 16 and 17 years, respectively).

1. Before the incident, the applicants were at a house in the suburb of Kealba.  While there, Sazdov noticed some vehicles, including a dark grey Magna, travelling by the house on more than one occasion.  Wrongly supposing that those vehicles were in some way associated with a rival gang, the applicants decided to pursue the vehicles and attack the occupants.  For that purpose, LK armed himself with a small axe and Noel Lunt, Huynh and Sazdov armed themselves with a variety of weapons…