SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2021 0114
| SANG ZUNG MANG | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGE: | McLEISH JA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | On the papers |
| DATE OF JUDGMENT: | 11 February 2022 |
| MEDIUM NEUTRAL CITATION: | [2022] VSCA 10 |
| JUDGMENT APPEALED FROM: | DPP v Yasiri (County Court of Victoria, Judge Meredith, 25 June 2021) |
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CRIMINAL LAW – Leave to appeal – Sentence – One charge of home invasion – One charge of intentionally damaging property – Related summary offence – Applicant already serving sentence with under 4 months left to run – Sentence of 4 years and 9 months ordered to be served concurrently – Whether judge erred in applying principle of totality – Leave to appeal refused.
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| Written submissions: | Counsel | Solicitors |
| For the Applicant | Ms J McColl | Victoria Legal Aid |
| For the Respondent | Mr G Buchhorn | Ms A Hogan, Solicitor for Public Prosecutions |
McLEISH JA:
On 24 June 2021, the applicant pleaded guilty, before a judge of the County Court, to one charge of home invasion,[1] one charge of intentionally damaging property, [2] and one related summary charge of possessing a controlled weapon.[3]
[1]Contrary to Crimes Act 1958 s 77A.
[2]Contrary to Crimes Act 1958 s 197(1).
[3]Contrary to Control of Weapons Act 1990 s 6(1).
On 25 June 2021, the judge sentenced him as follows:
| Charge on indictment C2014078 | Offence | Maximum | Sentence | Cumulation |
| 1 | Home invasion | 25 years’ imprisonment | 4 years’ imprisonment | Base |
| 2 | Intentionally damaging property | 10 years’ imprisonment | 18 months’ imprisonment | 8 months |
| Related summary offence | ||||
| Charge 4 | Possessing a controlled weapon | 1 year’s imprisonment | 4 months’ imprisonment | 1 month |
| Total effective sentence | 4 years and 9 months’ imprisonment | |||
| Non-parole period | 3 years | |||
| Pre-sentence detention declaration pursuant to s 18(1) of the Sentencing Act 1991 | 20 days | |||
| 6AAA statement | 6 years’ imprisonment with a non-parole period of | |||
| Other relevant orders | Disposal order (machete) | |||
At the time of sentence, the applicant was already serving a sentence of
2 years and 1 month’s imprisonment with an 18 month non-parole period[4] for breaching a community correction order. That sentence was imposed by another judge of the County Court on 15 December 2020. By the time the present sentence was imposed, the non-parole period of the existing sentence had passed, and the existing sentence had less than 4 months to run. The judge ordered that the present sentence be served concurrently with the existing sentence.[5]
[4]DPP v Yasiri (County Court of Victoria, Judge Meredith, 25 June 2021) [91] (‘Sentencing Remarks’).
[5]Ibid [100].
The applicant now applies for leave to appeal on a single proposed ground: that the judge erred in applying the totality principle, by insufficiently moderating the sentence in light of the existing sentence.
For the reasons that follow, the application for leave to appeal will be refused.
Circumstances of offending
At the time of the offending, the applicant was 20 years old. He was subject to a community correction order imposed earlier in 2020 in respect of charges…
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- AGLC
- Mang v The Queen [2022] VSCA 10
- Case
- [2022] VSCA 10
- Decision Date
CaseChat Overview and Summary
The court examined the principle of totality, which requires that the total sentence imposed on a defendant for multiple offences be proportionate to the overall gravity of the offending. The court considered whether the judge had adequately balanced the need to punish the applicant for his crimes against the need to avoid excessive punishment. The court found that the judge had correctly applied the principle of totality and that the sentence imposed was appropriate in all the circumstances. The court noted that the judge had considered the applicant's existing sentence and the need to avoid excessive punishment, and had imposed a sentence that was proportionate to the overall gravity of the offending.
As a result of the court's decision, the applicant's application for leave to appeal was refused. The court found that the sentence imposed was appropriate and that the judge had correctly applied the principle of totality. The applicant's argument that the judge had erred in applying the principle of totality was rejected. The court's decision ensures that the sentence imposed is proportionate to the overall gravity of the offending, while also taking into account the need to avoid excessive punishment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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