Event and Time
Event Description
- Nature of Offence: Burglary and theft at TOYLEX R Us, a car wrecker and parts dealership, involving multiple visits and the theft of numerous vehicles.
- Duration: The offending occurred over a 25-hour timeframe from 28 to 29 September 2019.
- Involvement: Co-offenders AK and QVN committed multiple thefts, with AK participating in 14 vehicle thefts and QVN in nine.
Application and Claims
- Appeal Against Sentence: Both applicants sought leave to appeal their sentences, contending that the total effective sentence and the non-parole period were manifestly excessive.
- Arguments:
- Breach of the principle of totality. - Overstatement of the seriousness of the offending.
Judicial Decisions
- Outcome: The court upheld the manifest excess ground in both applications. The sentences were set aside, and new sentences were imposed:
- AK: Resentenced to 3 years and 4 months' imprisonment (non-parole period: 2 years and 6 months). - QVN: Resentenced to 2 years and 6 months' imprisonment (non-parole period: 18 months).
Dispute Points and Legal Basis
Dispute Points
- From AK:
- Asserts that the sentence imposed was disproportionate to the nature of the offending and breached the principle of totality. - Contends the actions were impulsive and poorly planned.
- From QVN:
- Argues against the characterization of the offending as "highly organized" and "commercial," stating it was preventable and opportunistic. - Claims the judge’s finding exaggerated the seriousness of his participation.