Ice-affected driver appeals jail sentence

A driver high on ice when he killed three people in Melbourne is appealing against his 16-year jail sentence because he could be deported.

Brazilian Nei Lima Da Costa was travelling at about 120km/h through a red light when he struck and killed Anthony Parsons as he crossed an intersection, before colliding with a car and killing couple Savvas and Ismini Menelaou.

The then 30-year-old was sentenced to 16 years with a minimum of 11 years by Supreme Court Justice Lex Lasry in 2014.

On Tuesday, lawyers for Lima Da Costa applied for leave to appeal the sentence arguing it was excessive and that new immigration laws increased the likelihood of their client being deported once he is released.

Under laws that came into effect in December 2015 the visas of immigrants who commit a crime and are sentenced to more than 12 months' imprisonment must be cancelled - although they can appeal.

Previously, the same circumstances meant visas might be cancelled.

Mr McLaughlin argued that the increased likelihood of Lima Da Costa's deportation was "additional punishment" because he would probably lose the opportunity to make a life in Australia and lose contact with his young daughter.

"The likelihood of him being deported has increased," Mr McLaughlin told the Court of Appeal.

Crown prosecutor Douglas Trapnell QC said these law changes did not constitute the fresh evidence required for an appeal.

He also said there were steps that Lima Da Costa could take to have his visa cancellation revoked.

Outside court, Anthony Parsons' widow Sue said she was disgusted that Lima Da Costa was appealing his sentence.

"He should have got longer in the first place. He should have got life," she told reporters.

"I have lost my husband because of this bastard ... and he has shown no remorse."

Two of the Menelaous' children were also in court.

Lima Da Costa was a permanent resident on a spouse visa at the time of the crash, but has since separated from his wife.

A decision on the leave to appeal application will be handed down at a later date.