| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0115 |
| ANH THAI NGUYEN | Appellant |
| v | |
| THE KING | Respondent |
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JUDGES: | PRIEST and T FORREST JJA |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 26 November 2024 |
DATE OF JUDGMENT: | 28 November 2024 |
MEDIUM NEUTRAL CITATION: | [2024] VSCA 290 |
JUDGMENT APPEALED FROM: | DPP v Nguyen [2023] VCC 1171 (Judge Cannon) |
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CRIMINAL LAW – Appeal – Sentence – Recklessly exposing an emergency worker to risks by driving and reckless conduct endangering life – Appellant drove vehicle on pedestrian footpath to evade police – Police officer exposed to risk – Pedestrians and workers endangered – Total effective sentence of 7 years’ imprisonment with 5 years non-parole – Whether individual sentences manifestly excessive – Whether orders for cumulation resulted in a total effective sentence that is manifestly excessive – Whether principle of totality breached in circumstances where one course of conduct resulted in multiple victims – Lack of remorse – Poor criminal history for driving offences – Appeal dismissed.
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| Counsel | |||
| Appellant: | Mr T Kassimatis KC with Ms A Balkin | ||
| Respondent: | Ms DI Piekusis KC | ||
Solicitors | |||
| Appellant: | Papa Hughes Lawyers | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
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PRIEST JA
T FORREST:
Introduction
Pursuant to leave granted by Taylor JA on 8 December 2023,[1] Anh Thai (‘Jackie’) Nguyen appeals against a total effective sentence of seven years’ imprisonment, with a non-parole period of five years, imposed by a County Court judge on 8 June 2023 for recklessly exposing an emergency worker to risk by driving[2] (one charge – charge 1) and reckless conduct endangering life[3] (six charges – charges 2 to 7 inclusive), imposed following jury verdicts in a trial in which the principal issue was identity.
[1]Nguyen v The King [2023] VSCA 309 (Taylor JA) (‘Leave reasons’).
[2]Crimes Act 1958, s 317AE. The maximum penalty is 10 years’ imprisonment.
[3]Crimes Act 1958, s 22. The maximum penalty is 10 years’ imprisonment.
The structure of the sentence imposed may readily be appreciated when it is set out in tabular form:
Charge Offence Sentence Cumulation 1 Recklessly exposing an emergency worker
to risks by driving4 years Base 2 Reckless conduct endangering life 3 years and 8 months 8 months 3 Reckless conduct endangering life 3 years and 8 months 8 months 4 Reckless conduct endangering life 3 years and 8 months 8 months 5 Reckless conduct endangering life 3 years and 6 months 4 months 6 Reckless conduct endangering life 3 years and 6 months 4 months 7 Reckless conduct endangering life 3 years and 6 months 4 months Total effective sentence: 7 years’ imprisonment Non-parole period: 5 years Pre-sentence declaration: 418 days Other orders: Pursuant to s 89 of the Sentencing Act 1991, driver licence cancelled and disqualified for 2 years.
The appellant’s sole ground of appeal contends that the individual sentences of imprisonment are manifestly excessive, and the orders for cumulation resulted in a total effective sentence that is too long, as is the non-parole…
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- AGLC
- Nguyen v The King [2024] VSCA 290
- Case
- [2024] VSCA 290
- Decision Date
CaseChat Overview and Summary
The court considered the principles of sentencing and the principle of totality, which requires that the total sentence should not be greater than the sum of the separate penalties for each offence. The court noted that the appellant's conduct was egregious and that the trial judge had appropriately considered the principles of sentencing, including the need for general deterrence. The court also noted that the appellant's lack of remorse and poor criminal history for driving offences were relevant factors to consider in determining the appropriate sentence. However, the court found that the total effective sentence of 7 years' imprisonment, with a non-parole period of 5 years, was not manifestly excessive. The court also found that the principle of totality had not been breached, given that the appellant's conduct was a single course of conduct that resulted in multiple victims.
The appeal was dismissed. The court found that the total effective sentence imposed by the trial judge was appropriate, and that the principle of totality had not been breached. The court also noted that the appellant's lack of remorse and poor criminal history for driving offences were relevant factors to consider in determining the appropriate sentence. However, these factors did not outweigh the seriousness of the appellant's conduct, which endangered the lives of emergency workers, pedestrians, and workers. The court found that the total effective sentence of 7 years' imprisonment, with a non-parole period of 5 years, was an appropriate reflection of the seriousness of the appellant's conduct and the need for general deterrence.
Orders
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