SUPREME COURT OF VICTORIA
COURT OF APPEAL
No 940 of 2008
| THE QUEEN |
| v |
| BAC AI NGUYEN VU |
---
| JUDGES | NEAVE, REDLICH JJA and LASRY AJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 31 August 2009 |
| DATE OF JUDGMENT | 9 October 2009 |
| MEDIUM NEUTRAL CITATION | [2009] VSCA 231 |
| JUDGMENT APPEALED FROM | R v Nguyen Vu Bac Ai (Unreported, County Court of Victoria, Judge Duckett, 27 November 2008) |
---
CRIMINAL LAW – Sentence – Application for leave to appeal – Applicant pleaded guilty to two counts of obtaining property by deception and found guilty by a jury of five counts of handling stolen goods and one count of obtaining property by deception – Offences arose out of single act of receiving stolen goods and multiple acts of selling those stolen goods – Whether double punishment – Whether sentences imposed required to be proportionate to number or value of goods subject of the count – Application granted and appeal allowed – Applicant re-sentenced – Mitigating factors including no prior convictions, good work record, good prospects of rehabilitation, making of reparations and inability to pursue career.
---
| Appearances: | Counsel | Solicitors |
| For the Crown | Mr S M Cooper | Mr C Hyland, Solicitor for Public Prosecutions |
| For the Applicant | Mr M J Croucher | Luat Tran & Associates |
NEAVE JA:
The applicant, Bac Ai Nguyen Vu, was presented in the County Court on 20 counts of handling stolen goods and on 15 counts of obtaining property by deception. He pleaded guilty to count 25 and count 31, each of which were counts of obtaining property by deception He was found guilty by a jury on five counts of handling stolen goods (counts 24, 26, 28, 30 and 34) and on one other count of obtaining property by deception (count 29).
The maximum penalty for handling stolen goods is imprisonment for 15 years and the maximum penalty for obtaining property by deception is imprisonment for 10 years.
After hearing a plea in mitigation of sentence, the judge sentenced the applicant as follows.
Count Offence Term Cumulation 24 Handling stolen goods 4 months’ imprisonment 1 month on count 29 and all other sentences imposed 25 Obtaining property by deception 2 months’ imprisonment Half a month on count 29 and on all other sentences imposed 26 Handling stolen goods 4 months’ imprisonment
1 month on count 29 and on all other sentences imposed 28 Handling stolen goods 4 months’ imprisonment 1 month on count 29 and on all other sentences imposed 29 Obtaining property by deception 6 months’ imprisonment 30 Handling stolen goods 4 months’ imprisonment 1 month on count 29 and on all other sentences imposed 31 Obtaining property by deception 2 months’ imprisonment Half a month on count 29 and on all other sentences imposed 34 Handling stolen goods 4 months’ imprisonment 1 month on count 29 and on all other sentences imposed
This amounted to a total effective sentence of 12 months. His Honour ordered that 8 months of that sentence be suspended for a period of…
Keep reading for free
Create a free CaseChat account to read R v Bac Ai Nguyen Vu and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2009] VSCA 231
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the sentences imposed by the trial judge were appropriate, considering the nature of the offences and the need for proportionality. The applicant argued that the sentences imposed constituted double punishment, as they were based on both the act of receiving the stolen goods and the subsequent acts of selling those goods. The applicant contended that the sentences should be proportionate to the number or value of the goods subject of the count, rather than being based on each individual act. The prosecution, on the other hand, argued that the sentences were appropriate and reflected the seriousness of the offences committed by the applicant.
In allowing the appeal and granting leave to appeal, the court found that the sentences imposed by the trial judge were excessive and not proportionate to the number or value of the goods subject of the counts. The court noted that the applicant had no prior convictions, a good work record, good prospects of rehabilitation, had made reparations, and was unable to pursue a career due to the sentences imposed. The court concluded that the sentences were not appropriate and re-sentenced the applicant, taking into account the mitigating factors presented. The court found that the sentences should be proportionate to the number or value of the goods subject of the count, rather than being based on each individual act.
The final orders of the court were that the application for leave to appeal was granted, the appeal was allowed, and the applicant was re-sentenced. The court emphasised the importance of proportionality in sentencing and highlighted the mitigating factors that should be considered when determining an appropriate sentence. The court's decision in this case provides guidance to trial judges and practitioners on the principles of proportionality in sentencing and the factors that should be taken into account when determining an appropriate sentence.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.