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Tran v The Queen [2021] VSCA 311

The offender was sentenced following a plea of guilty to 1 count of possessing counterfeit money contrary to s 9(1) of the Crimes (Currency) Act 1981 (Cth). Original sentence imposed 4 months imprisonment. Offender was sentenced to additional state offences. Offender appealed on the basis that the sentence and commencement date was manifestly excessive.

Manifest Excess: The imposition of 4 months imprisonment for possession of three $100 counterfeit notes upon an offender who has committed a multitude of other offences and has prior convictions for similar dishonesty offences was entirely appropriate. The relatively low seriousness of offending was reflected in the low sentence, which was 3.33 per cent of the maximum custodial sentence available. The commencement date for the sentence was also unobjectionable. The nominated commencement date had the effect of extending the minimum term before the offender was eligible for parole by 4 months, which represents about 75 per cent of the total effective sentence of 3 years and 9 months. There is nothing unusual about that proportion.

Appeal dismissed.
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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