Vu v The Queen

The appellant, Vu, was convicted by a jury in the Supreme Court of Victoria for manslaughter and recklessly causing serious injury. The case was appealed to the Court of Appeal of the Supreme Court of Victoria. Vu was found not guilty of murder but guilty of manslaughter for the death of a man and recklessly causing serious injury to another. The appeal focused on the total effective sentence of 15 years’ imprisonment, with a non-parole period of 11 years, imposed on Vu.

The central legal issue was whether the total effective sentence and the order for cumulation were manifestly excessive, thereby infringing the principle of totality. The court had to determine if the individual sentences for manslaughter and recklessly causing serious injury were within the range, and whether the post-offence conduct and the plea offer were sufficiently mitigating. Vu had also argued that the principle of totality was infringed by the cumulation of sentences.

The Court of Appeal held that while the individual sentences for manslaughter and recklessly causing serious injury were within the appropriate range, the order for cumulation was manifestly excessive. The court acknowledged the mitigating factors, including the pre-trial offer to plead guilty to manslaughter, and Vu's post-offence conduct. It was concluded that the total effective sentence and the order for cumulation did infringe the principle of totality. Accordingly, leave to appeal was granted, the appeal was allowed, and Vu was resentenced to 13 years and six months’ imprisonment with a non-parole period of 10 years. The court's reasoning was influenced by the principles set out in DPP v Grabovac.

The final orders of the court were that Vu's sentence be reduced to 13 years and six months’ imprisonment, with a non-parole period of 10 years, reflecting the appropriate application of the principle of totality in sentencing.