Truong v The Queen

[2017] VSCA 105

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Sentence
4. › Parity principle
5. › Whether disparity of sentences justified
6. › Material differences between co-offenders
7. › Further offending on bail
8. › Impaired mental functioning of co-offender
9. › Verdins principles 2, 5 and 6
10. › Whether reasonably open to sentencing judge to differentiate
1. Criminal Law
2. › Sentencing
3. › Parity principle
4. › Proper formulation of test
5. › Whether 'not reasonably open' language preferred to 'justifiable sense of grievance'
1. Criminal Law
2. › Sentencing
3. › Mental impairment
4. › Verdins principles
5. › Effect on type and length of sentence
6. › Post-traumatic stress disorder
7. › Community Correction Order combined with imprisonment

Quick Take

The parity ground should be formulated using 'not reasonably open' language rather than 'justifiable sense of grievance', as this removes any suggestion that the offender's subjective state of mind is relevant. Further offending on bail and a co-offender's impaired mental functioning engaging Verdins principles 2, 5 and 6 are material differences capable of justifying significant sentencing differentials between co-offenders.