Lang v The King

[2025] VSCA 49

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Appeal
4. › Parity
5. › Co-offenders sentenced to identical non-parole periods
6. › Whether differences in criminal history and rehabilitation prospects required different non-parole periods
7. › Whether imposition of same non-parole period was reasonably open to sentencing judge
1. Criminal Law
2. › Sentence
3. › Appeal
4. › Manifest excess
5. › Trafficking in drug of dependence in large commercial and commercial quantities
6. › Whether sentences wholly outside permissible range
7. › Drugs, Poisons and Controlled Substances Act 1981 (Vic), ss 71, 71AA
1. Criminal Law
2. › Sentence
3. › Drug trafficking
4. › Sentencing principles for commercial quantity drug trafficking
5. › Role of offender in hierarchy
6. › Weight of drugs
7. › General deterrence
8. › Drugs, Poisons and Controlled Substances Act 1981 (Vic), ss 71, 71AA
1. Criminal Law
2. › Sentence
3. › Appeal
4. › Extension of time
5. › Whether extension of time should be granted to seek leave to appeal against sentence
6. › Prospects of success as relevant factor

Quick Take

Where co-offenders have different criminal histories and rehabilitation prospects, a sentencing judge is not open to impose identical non-parole periods; the 'tinkering' concern that applies to manifest excess appeals does not apply in the same way to parity-based resentencing.