Yehia v The Queen

[2015] VSCA 119

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Suspended sentences
4. › Breach of suspended sentence
5. › Restoration and cumulation
6. › Presumption of cumulation
7. › Meaning of 'previously imposed'
8. › Whether order of pronouncement of sentences affects statutory presumption
9. › Sentencing Act 1991 (Vic), s 83AR(3)(b)
1. Criminal Law
2. › Sentence
3. › Dangerous driving causing serious injury
4. › Reckless conduct endangering serious injury
5. › Whether sentences manifestly excessive
6. › Relevance of prior driving record
7. › General and specific deterrence
8. › Crimes Act 1958 (Vic), ss 319(1A), 23
1. Criminal Law
2. › Sentence
3. › Appeal
4. › Leave to appeal against sentence
5. › Whether no reasonable prospect of different sentence
6. › Criminal Procedure Act 2009 (Vic), s 280(1)(b)

Quick Take

The expression 'previously imposed' in s 83AR(3)(b) of the Sentencing Act 1991 (Vic) is to be construed in a logical and common sense manner, not purely temporally. The statutory presumption of cumulation for a restored suspended sentence applies regardless of the order in which the sentencing judge pronounces the restoration and the sentences for the breaching offences at a single hearing. The provision has since been repealed following the abolition of suspended sentences in Victoria.