DPP v Leys & Leys

(2012) 296 ALR 96; [2012] VSCA 304

Victorian Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Reading words into legislation
3. › Correction of drafting error
4. › Three conditions for reading in words
5. › Mischief identifiable
6. › Inadvertent omission
7. › Words Parliament would have used ascertainable
8. › Wentworth Securities Ltd v Jones [1980] AC 74
9. › Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404
10. › Cooper Brookes (Wollongong) Pty Ltd v FCT (1981) 147 CLR 297
1. Statutory Interpretation
2. › Purposive construction
3. › Departure from literal meaning
4. › Literal meaning producing irrational or absurd result
5. › Context and legislative purpose
6. › Whether alternative construction reasonably open
7. › Interpretation of Legislation Act 1984 (Vic), s 35(a)
1. Criminal Law
2. › Sentencing
3. › Community correction orders
4. › Transitional provisions
5. › Whether prerequisites for making CCO applied to offences committed before commencement date
6. › Whether words could be read into transitional provision to correct drafting error
7. › Sentencing Act 1991 (Vic), ss 7(1)(e), 37, 44
8. › Sentencing Amendment (Community Correction Reform) Act 2011 (Vic), Sch 3 cl 5
1. Criminal Law
2. › Sentencing
3. › Community correction orders
4. › Combination with sentences of imprisonment
5. › Whether CCO could be combined with suspended sentence of imprisonment
6. › Whether s 44(2) included suspended sentences within 'terms of imprisonment'
7. › Sentencing Act 1991 (Vic), ss 27, 44

Quick Take

Section 44 of the Sentencing Act 1991 (Vic) prohibits the combination of a CCO with suspended sentences of imprisonment where the aggregate exceeds three months; 'term of imprisonment' in s 44(2) includes suspended sentences. Clause 5 of Schedule 3 to the Amending Act is to be read as referring to the commencement of s 21 (not the whole Act), so that s 37 prerequisites for CCOs applied from 16 January 2012. The three conditions for reading words into legislation (from Wentworth Securities and Kingston v Keprose) are comprehensively restated and applied.