Summarising sentences from the Trial Division of the Supreme Court of Victoria
Please find below some recent sentence summaries including the charges, length of the sentence and links to full sentencing remarks.
2024
OCTOBER 2024
Sentence summaries:
DPP v Gregory Stuart Lynn - 18 October 2024 - Murder
DPP v Paul Anthony Cohrs - 9 October 2024 - Murder
On 18 October 2024, Gregory Stuart Lynn was sentenced on a charge of murder by Justice Michael Croucher of the Supreme Court of Victoria.
Sentence summary
On 25 June 2024, following a jury trial, Gregory Stuart Lynn was found guilty of the murder of Carol Clay. Mr Lynn was found not guilty of the murder of Russell Hill.
On 18 October 2024, Justice Croucher sentenced Mr Lynn to 32 years’ imprisonment with a non-parole period of 24 years. Justice Croucher declared that Mr Lynn had served 1061 days of the sentence by way of pre-sentence detention.
When delivering his sentence, Justice Croucher said:
“In my opinion, general deterrence, denunciation and just punishment are very important sentencing purposes in this case.
“The law places great weight on the sanctity of human life. It is a grave crime to extinguish the life of another violently, deliberately, intentionally, without any belief in the need for self-defence, and without proof of any mitigating motive.
“It is made all the worse by Mr Lynn’s post-offence conduct, especially his treatment of Mrs Clay’s body in death and his failure to disclose the whereabouts of her remains for 20 months.
“The sentence must reflect denunciation of such a crime; it must serve as a deterrent to others; and it must involve punishment that is just in all the circumstances.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 9 October 2024, Paul Anthony Cohrs was sentenced on a charge of murder by Justice Lesley Taylor of the Supreme Court of Victoria.
Sentence summary
On 27 May 2024, following a trial by jury, Paul Anthony Cohrs was found guilty of the murder of his mother Bette Cohrs-Schulz.
On 9 October 2024, Justice Taylor sentenced Mr Cohrs to 30 years’ imprisonment with a non-parole period of 23 years. Justice Taylor declared that Mr Cohrs had served 2171 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Taylor said:
“While your delusional disorder and personality difficulties remain relevant … your primary motivation in killing your mother was anger and embitterment at her support of your brother, whom you perceived was attacking your financial wellbeing.
“Your delusional disorder contributed to your sense of justification for killing Bette Cohrs-Schulz. It did not stop you from understanding that it was wrong. Your moral culpability is high.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
SEPTEMBER 2024
Sentence summaries:
DPP v Yuusuf Ali, AS, MB & MI - 26 September 2024 - Manslaughter
DPP v Dean John Bell - 19 September 2024 - Homicide by firearm
DPP v Stuart Paul Anderson - 12 September 2024 - Murder
DPP v Abdisamad Farah - 11 September 2024 - Kidnapping
DPP v Matthew Wain - 3 September 2024 - Manslaughter
On 26 September 2024, each of Yuusuf Ali, AS, MB and MI was sentenced on a charge of manslaughter by Justice Rita Incerti of the Supreme Court of Victoria.
Sentence summary
Yuusuf Ali, AS, MB and MI each pleaded guilty to the manslaughter of Khalid Mahat.
AS, MB and MI were minors at the time of offending, and under the Children, Youth and Families Act 2005 cannot be identified.
On 26 September 2024, Justice Incerti handed down the following sentences:
- Mr Ali was sentenced to four years’ imprisonment with a non-parole period of two years and nine months;
- AS was sentenced to a three year Youth Justice Centre Order;
- MB was sentenced to a three year Youth Justice Centre Order; and
- MI was sentenced to a two year Youth Justice Centre Order.
When handing down the sentence, Justice Incerti said:
“Manslaughter is a serious offence and I consider that your offending has serious features. You appeared to engage in your conduct as an act of retaliation. The attack was not impulsive and clearly premeditated.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 19 September 2024, Dean John Bell was sentenced on a charge of homicide by firearm by Justice Rita Incerti of the Supreme Court of Victoria.
Sentence summary
Dean John Bell pleaded guilty to a charge of homicide by firearm in relation to the death of Griffin Harris.
On 19 September 2024, Justice Incerti sentenced Mr Bell to seven and a half years’ imprisonment with a non-parole period of four years and six months.
Justice Incerti declared that Mr Bell had served 710 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Incerti said:
“Although it is agreed that you did not enter the property or confront and shoot the deceased, you are to be sentenced on the basis that you entered into an agreement, arrangement or understanding with [your co-accused] to confront and threaten the deceased with a loaded firearm.
“You knew that a loaded firearm was brought to the scene and that Mr Harris was to be confronted with this loaded weapon.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 12 September 2024, Stuart Paul Anderson was sentenced on a charge of murder by Justice Amanda Fox of the Supreme Court of Victoria.
Sentence summary
On 7 December 2023, following a trial by jury, Stuart Paul Anderson was found guilty of the murder of Vicki Ramadan.
On 12 September 2024, Justice Fox sentenced Mr Anderson to 27 years’ imprisonment with a non-parole period of 20 years. Justice Fox declared that Mr Anderson had served 1728 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Fox said:
“This was a brutal attack on a defenceless elderly woman in her own home. Murder in these circumstances must be publicly condemned.
“General deterrence, just punishment and denunciation are all important sentencing principles in this case.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 11 September 2024, Abdisamad Farah was sentenced on a charge of kidnapping by Justice Rita Incerti of the Supreme Court of Victoria.
Sentence summary
Abdisamad Farah pleaded guilty to a charge of kidnapping Abdulahi Abdi.
On 11 September 2024, Justice Incerti sentenced Mr Farah to 402 days’ imprisonment. Justice Incerti also declared that Mr Farah had served the 402 days of imprisonment by way of pre-sentence detention.
Mr Farah’s offending arose as part of a series of incidents that ultimately led to the death of Khalid Mahat. Mr Farah was originally charged with murder, but the charge was withdrawn prior to Mr Farah’s guilty plea.
When handing down the sentence, Justice Incerti said:
“The objective nature and gravity of the kidnapping is high.
“This offending set in motion a series of events that ultimately had a grave consequence. However, I have not had regard to this later offending in sentencing you.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 3 September 2024, Matthew Wain was sentenced on a charge of manslaughter by Justice Rita Incerti of the Supreme Court of Victoria.
Sentence summary
On 2 July 2024, Matthew Wain pleaded guilty in the Supreme Court of Victoria to the manslaughter, by unlawful and dangerous act, of his housemate, Elvin Shaw.
On 3 September 2024, Justice Incerti sentenced Mr Wain to 10 years’ imprisonment with a non-parole period of eight years.
Justice Incerti declared that Mr Wain had served 780 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Incerti said:
“In assessing your level of moral culpability, I consider that the attack was not premeditated.
However, it is of significance that you made a conscious decision to simply abandon a dying or deceased man, rather than notifying the authorities or seeking medical assistance.
This conduct can only be described as callous.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
AUGUST 2024
Sentence summaries:
DPP v Sam Gordon Blake - 16 August 2024 - Manslaughter
DPP v Hayden Leigh Kidd - 1 August 2024 - Manslaughter
On 16 August 2024, Sam Gordon Blake was sentenced on a charge of manslaughter by Justice John Champion of the Supreme Court of Victoria.
Sentence summary
On 12 July 2023, Sam Gordon Blake pleaded guilty to the manslaughter of Dalibor (Dale) Pantic.
On 16 August 2024, Justice Champion sentenced Mr Blake to nine years’ imprisonment with a non-parole period of six years. Justice Champion declared that Mr Blake had served 1,010 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Champion said:
“[I]t is important that the Court denounce your actions.
“A life was cut short in a violent and senseless act, and because of your actions, a family has lost their loved one and had very little by way of closure surrounding the last moments of his life and the whereabouts of his remains. Such behaviour cannot be tolerated by the community.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 1 August 2024, Hayden Leigh Kidd was sentenced on a charge of manslaughter by Justice Michael Croucher of the Supreme Court of Victoria.
Sentence summary
Hayden Leigh Kidd pleaded guilty in the Supreme Court of Victoria to the manslaughter, by unlawful and dangerous act, of his grandmother, Shirley Kidd.
Mr Kidd was initially charged with murder, and during his murder trial in Ballarat in April 2024, two psychiatrists, commissioned by the Crown and the defence respectively, gave evidence casting serious doubt on whether, in the context of a cannabis-induced psychosis Mr Kidd was suffering at the time, he possessed murderous intent at the time of the killing. After due consideration, the parties agreed the jury should be discharged without verdict and that Mr Kidd would plead guilty to manslaughter.
On 1 August 2024, Justice Croucher sentenced Mr Kidd to five years’ imprisonment with a non-parole period of two-and-a-half years. Justice Croucher declared that Mr Kidd had served 795 days of the sentence by way of pre-sentence detention.
In his full written reasons, Justice Croucher said:
“This case is horrible — so horrible that those of fragile disposition might prefer not to read (or listen) any further.
And yet it is also a matter about the muted moral culpability that must be brought into account in the sentencing calculus for an otherwise objectively grave crime committed by a person in the grips of a florid psychosis.
Further, in so far as that psychosis came on suddenly, and out of the blue, as a result of the consumption of cannabis, it constitutes a warning not to be ignored.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
JULY 2024
Sentence summaries:
DPP v SA, DM, QM & SY - 24 July 2024 - Murder
DPP v Brendan Pallant - 15 July 2024 - Murder
On 24 July 2024, each of SA, DM, QM and SY was sentenced on a charge of murder by Justice Rita Incerti of the Supreme Court of Victoria.
Sentence summary
Following a judge-alone trial, on 9 February 2024 Justice Incerti found each of SA, DM, QM and SY guilty of the murder of Declan Cutler.
SA, DM, QM and SY were minors at the time of offending, and under the Children, Youth and Families Act 2005 cannot be identified.
On 24 July 2024, Justice Incerti handed down the following sentences:
- SA was sentenced to 19 years’ imprisonment with a non-parole period of 14 years;
- DM was sentenced to 17 years’ imprisonment with a non-parole period of 12 years;
- QM was sentenced to 19 years and 6 months’ imprisonment with a non-parole period of 14 years and 6 months; and
- SY was sentenced to 18 years’ imprisonment with a non-parole period of 12 years.
Three other co-accused – AM, JA and MM – were sentenced by Justice Elizabeth Hollingworth of the Supreme Court of Victoria on 12 September 2023 and a fourth, PM, was found not guilty by Justice Incerti by reason of doli incapax (where a child under 14 is considered to lack the capacity to be criminally responsible for their acts).
AM, JA, MM and PM were also minors at the time of the offending or alleged offending and cannot be identified.
Justice Hollingworth sentenced AM, JA and MM as follows:
- AM pleaded guilty to murder and was sentenced to 15 years’ imprisonment with a non-parole period of 13 years;
- JA pleaded guilty to manslaughter and was sentenced to 4 years’ detention in a youth justice centre; and
- MM pleaded guilty to intentionally causing serious injury in circumstances of gross violence to 3 years and six month’s detention in a youth justice centre.
When handing down the sentence to SA, DM, QM and SY, Justice Incerti said:
“This was a random and unprovoked attack, perpetrated by a large group, and each of your offending is objectively very serious.”
Her Honour also quoted Justice Hollingworth at the time of the sentencing of AM, JA and MM:
“Unfortunately, violent knife crimes committed by young offenders have become far too common.
The consequences that flow from such attacks can be devastating, for victims, their families and friend, and those who witness such incidents.
It is also a real concern for the wider community, who need to be protected and feel safe.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 15 July 2024, Brendan Pallant was sentenced on a charge of murder by Justice Jane Dixon of the Supreme Court of Victoria.
Sentence summary
Following a trial by jury, Brendan Pallant was found guilty of the murder of two-year-old Jaidyn Gomes-Sebastiao.
On 15 July 2024, Justice Dixon sentenced Mr Pallant to 32 years’ imprisonment with a non-parole period of 25 years. Justice Dixon declared that Mr Pallant had served 1778 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Dixon said:
“The fact that the victim was a very young and vulnerable child is a significant aggravating factor and has been found to be so for offences involving violence, including murder and manslaughter.
The gravity of your offending against a defenceless infant entrusted to your care is very serious. The fact that your crime involved a breach of trust reposed in you by Jaidyn’s mother is also relevant to sentence.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
JUNE 2024
Sentence summaries:
DPP v Robert Rickerby - 21 June 2024 - Manslaughter
DPP v Benjamin Stiler - 17 June 2024 - Murder
DPP v Matthew Atkinson - 4 June 2024 - Manslaughter, trafficking in a drug of dependence
On 21 June 2024, Robert Evan Rickerby was sentenced on a charge of manslaughter by the Honourable Justice James Elliott of the Supreme Court of Victoria.
Sentence summary
Robert Evan Rickerby pleaded guilty in the Supreme Court of Victoria to the manslaughter, by unlawful and dangerous act, of Jessica Leigh Geddes.
On 21 June 2024, his Honour sentenced Mr Rickerby to 15 years and 6 months’ imprisonment, with a non-parole period of 11 years.
His Honour declared that but for Mr Rickerby’s plea of guilty, had he been found guilty of manslaughter by unlawful and dangerous act after pleading not guilty, his Honour would have sentenced him to 18 years’ imprisonment, with a non-parole period of 14 years.
His Honour also declared that 810 days of imprisonment had been served by way of pre-sentence detention.
When handing down the sentence, his Honour observed:
“Regrettably, this is yet another case involving someone killing a more vulnerable domestic partner. Indeed, this case is a serious example of the manslaughter of an extremely vulnerable person who was heavily dependent upon you for support and protection.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 17 June 2024, Benjamin Stiler was sentenced on a charge of murder by Justice Andrew Tinney of the Supreme Court of Victoria.
Sentence summary
Following a trial by jury, Benjamin Stiler was found guilty of the murder of Duwayne Johnson.
On 17 June 2024, Justice Tinney sentenced Mr Stiler to 27 years’ imprisonment with a non-parole period of 21 years.
When handing down the sentence, Justice Tinney said:
“As I have already observed, your crime was a very serious one. For absolutely no discernible reason, you shot and killed an innocent young man who presented no threat to you.
It is a tragedy that Duwayne Johnson’s life was snuffed out by you in such senseless fashion. It is a devastating event from which his family members and friends will never recover…
[O]utrageously violent and entirely uncalled for crimes such as this understandably cause great disquiet and fear in the community.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
Watch the video of the sentencing
On 4 June 2024, Matthew Atkinson was sentenced on a charge of manslaughter and a charge of trafficking in a drug of dependence by Justice Elizabeth Hollingworth of the Supreme Court of Victoria.
Sentence summary
Matthew Atkinson pleaded guilty to the manslaughter of Bjorn Delphine. He also pleaded guilty to a charge of trafficking in a drug of dependence, namely cannabis.
On 4 June 2024, Justice Hollingworth sentenced Mr Atkinson to 6 years’ imprisonment with a non-parole period of 3 years and 6 months. Justice Hollingworth declared that Mr Atkinson had served 378 days of the sentence by way of pre-sentence detention.
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
MAY 2024
Sentence summaries:
DPP v Demetrios Charisiou - 24 May 2024 - Two charges of obtaining financial advantage by deception, two charges of using false documents
DPP v Sven Lindemann - 22 May 2024 - Murder, recklessly causing injury
DPP v Lachlan Belmore - 3 May 2024 - Manslaughter
On 24 May 2024, Demetrios Charisiou was sentenced by Justice John Champion of the Supreme Court of Victoria.
Sentence summary
Demetrios Charisiou pleaded guilty to two charges of obtaining financial advantage by deception and two charges of using false documents.
The amount of $38,594,500 was the subject of the obtaining financial advantage by deception charges.
A larger figure of $394,740,000 represents the entire amount transferred over the course of five transactions between 5 April and 5 July 2019 by the victim companies into a joint escrow account. These transactions involved Mr Charisiou’s use of false documentation.
On 24 May 2024, Justice Champion sentenced Mr Charisiou to 12 years’ imprisonment with a non-parole period of 8 years. Justice Champion declared that Mr Charisiou had served 192 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Champion said:
“As to the objective gravity of your conduct, yours was an example of grave offending. The monetary amounts involved are extremely high when compared to past cases involving the commission of similar offences, though I have not considered this factor divorced from the broader picture of your offending conduct.
The victim companies were taken advantage of and misled. The documents they were presented with looked genuine, and your victims had no reason to doubt your legitimacy as a businessman.
You kept up the charade for months without detection. You have, in essence, undermined some central tenets of doing honest business, to the score of millions of dollars.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 22 May 2024, Sven Lindemann was sentenced on a charge of murder and a charge of recklessly causing injury by Justice Elizabeth Hollingworth of the Supreme Court of Victoria.
Sentence summary
Sven Lindemann pleaded guilty to the murder of his partner, Monique Lezsak, and to recklessly causing injury to her young daughter.
On 22 May 2024, Justice Hollingworth sentenced Mr Lindemann to 31 years’ imprisonment with a non-parole period of 25 years. Justice Hollingworth declared that Mr Lindemann had served 358 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Hollingworth spoke about family violence and said:
“Family violence is a serious problem in our community. The Court of Appeal noted a decade ago that ‘the shameful truth is that domestic violence is the leading cause of illness, disability and death among Victorian women aged between 15 and 44.’ Tragically, that remains the case today.
All too frequently, courts are faced with male offenders like you, who are unable or unwilling to accept that their relationship is over, or that their partner has a right to move on with their life, and who respond with anger, jealousy and violence. The murder of a domestic partner is the most extreme form of family violence.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 3 May 2024, Lachlan Belmore was sentenced on a charge of manslaughter by Justice Rita Incerti of the Supreme Court of Victoria.
Sentence summary
Lachlan Belmore pleaded guilty in the Supreme Court of Victoria to the manslaughter of Griffin Harris.
On 3 May 2024, Justice Incerti sentenced Mr Belmore to 9 years’ imprisonment with a non-parole period of 5 years and 6 months. Justice Incerti declared that Mr Belmore had served 571 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Incerti said:
“The community should understand that your actions in organising and bringing a firearm for the purpose of threatening another person is denounced by the Court. Even though you did not shoot Mr Harris or enter the house, it was you who made the decision that Mr Harris should be confronted and you who secured the rifle.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
APRIL 2024
Sentence summaries:
DPP v Christopher Hillman - 12 April 2024 - Murder, two charges of kidnapping, possessing a firearm as a prohibited person, common law assault
On 12 April 2024, Christopher Robert Hillman was sentenced by Justice Elizabeth Hollingworth of the Supreme Court of Victoria.
Sentence summary
Christopher Robert Hillman pleaded guilty to the murder of Jake John Williams. He also pleaded guilty to two charges of kidnapping, a charge of possessing a firearm as a prohibited person and common law assault.
On 12 April 2024, Justice Hollingworth sentenced Mr Hillman to 28 years’ imprisonment with a non-parole period of 23 years. Justice Hollingworth declared that Mr Hillman had served 931 days of the sentence by way of pre-sentence detention.
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
MARCH 2024
Sentence summaries:
DPP v Yasemin Ozer - 19 March 2024 - Six charges of theft
DPP v Nikola Latuhoi - 15 March 2024 - Manslaughter
DPP v Ngoc Nguyen - 13 March 2024 - Manslaughter
DPP v Simiona Tuteru - 6 March 2024 - Failing to comply with duty as a person in the chain of responsibility for a heavy vehicle under section 26C of the Heavy Vehicle National Law
On 19 March 2024, Yasemin Ozer was sentenced on six charges of theft by the Honourable Justice Andrew Tinney of the Supreme Court of Victoria.
Sentence summary
On 27 September 2023, Yasemin Ozer pleaded guilty to six charges of theft totalling a sum in excess of $500,000.
On 19 March 2024, Justice Tinney sentenced Ms Ozer to a community correction order for a period of three years.
When handing down the sentence, Justice Tinney said:
“As I said at the outset, in ordinary circumstances, you could have expected to receive a substantial term of imprisonment. As I also said, however, and as I have justified throughout these reasons, the circumstances of your case are far from ordinary.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 15 March 2024, Nikola Latuhoi was sentenced on a charge of manslaughter by Justice John Champion of the Supreme Court of Victoria.
Sentence summary
On 20 July 2023, Nikola Latuhoi pleaded guilty to the manslaughter of Ikenasio Tuivasa.
On 15 March 2024, Justice Champion sentenced Mr Latuhoi to 12 years’ imprisonment with a non-parole period of 9 years. Justice Champion declared that Mr Latuhoi had served 976 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Champion said:
“It is agreed that you are to be sentenced for manslaughter on the basis that you knew the shooter, your co offender, was going to fire shots toward a crowd of people, which is an unlawful and dangerous act. Your counsel conceded that you assisted the co accused in committing this act, by driving him to the location, intentionally stopping the car while the shots were fired, and then driving away. It was acknowledged on your behalf that your offending was serious.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 13 March 2024, Ngoc Nguyen was sentenced on a charge of manslaughter by Justice Elizabeth Hollingworth of the Supreme Court of Victoria.
Sentence summary
On 30 October 2023, Ngoc Nguyen pleaded guilty to the manslaughter of Peter McDougall.
On 13 March 2024, Justice Hollingworth sentenced Mr Nguyen to 8 years’ imprisonment with a non-parole period of 5 years and 6 months. Justice Hollingworth declared that Mr Nguyen had served 828 days of the sentence by way of pre-sentence detention.
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 6 March 2024, Simiona (Simon) Tuteru was sentenced by the Honourable Justice James Elliott of the Supreme Court of Victoria.
Sentence summary
Simiona (Simon) Tuteru was the supervisor of a truck driver, Mohinder Singh, who was responsible for culpable driving causing the deaths of 4 police officers on 22 April 2020 on the Eastern Freeway in Melbourne.
Mr Tuteru was ultimately charged with 1 count of failing to comply with his duty as a person in the chain of responsibility for a heavy vehicle pursuant to section 26C of the Heavy Vehicle National Law (“National Law”), contrary to section 26F of the National Law. It was alleged that Mr Tuteru was reckless as to the possibility that by allowing Mr Singh to drive on the afternoon of 22 April 2020, both Mr Singh and third parties would be exposed to a risk of death or serious injury.
Mr Tuteru sought a sentence indication in relation to the charge. During the sentence indication hearing, the prosecution accepted that a non-custodial sentence was within the range of appropriate sentences and submitted that any fine or community correction order imposed must be substantial in order to reflect the seriousness of the breach of section 26F of the National Law.
Upon receipt of a sentence indication, Mr Tuteru pleaded guilty.
On 6 March 2024, his Honour sentenced Mr Tuteru to a community correction order, which included a condition that Mr Tuteru complete 200 hours of unpaid community work over 3 years.
When handing down Mr Tuteru’s sentence, Justice Elliott observed:
“[General deterrence] is a relevant factor to be given significant weight in determining your sentence. A national legislative scheme in relation to heavy vehicles was introduced in recognition of the serious and potentially tragic consequences that can result from a failure to observe appropriate safety measures in this context. Equally, denunciation is a further factor to be taken into account in seeking to ensure that appropriate practices and procedures are adopted to make the trucking industry as safe as it can reasonably be.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
FEBRUARY 2024
Sentence summaries:
DPP v Luay Sako - 29 February 2024 - Murder
DPP v LH Holding & Hanna - 19 February 2024 - Workplace manslaughter/Being an officer of a company that committed workplace manslaughter where the contravention was attributable to the officer's failure to take reasonable care
On 29 February 2024, Luay Sako was sentenced on a charge of murder by Justice Jane Dixon of the Supreme Court of Victoria.
Sentence summary
Luay Sako pleaded guilty to the murder of Celeste Manno on 16 November 2020.
On 29 February 2024, Justice Dixon sentenced Mr Sako to 36 years’ imprisonment with a non-parole period of 30 years.
Justice Dixon declared that Mr Sako had served 1200 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Dixon said:
“Crimes such as this are profoundly disturbing to all who hear about them and must be firmly denounced. I have kept in mind the devastating impact of your offence on Celeste’s family and friends. The objective gravity of your offending is extremely high, but your psychiatric condition at the time of the offending reduces your moral culpability to some degree. General and specific deterrence, denunciation and just punishment remain relevant in sentencing you. I am also cognisant of the principles of parsimony and proportionality.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 19 February 2024, LH Holding Management Pty Ltd and Laith Hanna were sentenced by Justice Michael Croucher of the Supreme Court of Victoria.
Sentence summary
On 25 July 2023, LH Holding Management Pty Ltd pleaded guilty to a charge of workplace manslaughter in relation to the death of Michael Tsahrelias.
On the same day, Laith Hanna pleaded guilty to a charge of being an officer of a company that committed workplace manslaughter where that contravention was attributable to the officer’s failure to take reasonable care.
It was the first prosecution for the offence of workplace manslaughter and also the first prosecution for an officer’s offence where workplace manslaughter was attributable to the officer’s failure to take reasonable care.
On 19 February 2024, Justice Croucher sentenced LH Holding and fined the company $1,300,000.
On the same day, Justice Croucher sentenced Mr Hanna to a two-year community corrections order with additional conditions that Mr Hanna complete 200 hours of unpaid community work and that he complete a course in forklift operation.
Justice Croucher also ordered that LH Holding and Mr Hanna pay Georgia Tsahrelias $120,000 in compensation.
In his full written reasons handed down on 6 March 2024, Justice Croucher said:
“Companies and their officers must understand that offences that involve negligent conduct in the workplace in breach of duties under the [Occupational Health and Safety Act 2004], and that result in death, are serious and will attract substantial and just punishment that reflects the profound harm caused to the deceased and his or her loved ones.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
2023
DECEMBER 2023
Sentence summaries:
DPP v Darren Chalmers - 18 December 2023 - Murder
DPP v Abil Malovski - 13 December 2023 - Attempted murder
DPP v Tia Minhinnick - 11 December 2023 - Murder
DPP v Jordan Bottom & Rikki Smith - 8 December 2023 - False imprisonment, assault / false imprisonment, assault, intentionally causing injury
DPP v Troy Maskell - 6 December 2023 - Manslaughter
DPP v Albert Thorn - 4 December 2023 - Murder, assault, intentionally causing injury, kidnapping, false imprisonment
On 18 December 2023, Darren Chalmers was sentenced on a charge of murder by the Honourable Justice Andrew Tinney of the Supreme Court of Victoria.
Sentence summary
On 6 September 2023, Darren Chalmers pleaded guilty to the murder of Annette Steward in Geelong on 16 March 1992.
On 12 May 2019, Mr Chalmers murdered Dianne Barrett in Perth and was sentenced on 28 January 2021 in the Supreme Court of Western Australia to life imprisonment with a non-parole period of 20 years.
On 18 December 2023, Justice Tinney sentenced Mr Chalmers for the murder of Ms Steward. His Honour sentenced Mr Chalmers to life imprisonment and set a new non-parole period of 36 years. The new non-parole period commenced on 18 December 2023.
When handing down the sentence, Justice Tinney said:
“As far as denunciation is concerned, the sentence of this Court must unambiguously demonstrate this Court’s condemnation and abhorrence on behalf of the community of the type of violent criminality in which you engaged in this case, through which you cut short the life of an innocent and defenceless young woman who had done you no harm and shown you nothing but kindness. Male violence towards females is at the heart of so many crimes which come before this Court, and is a very disturbing part of the fabric or our society.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 13 December 2023, Abil Malovski was sentenced on a charge of attempted murder by Justice Andrew Tinney of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 24 October 2023, following a trial by jury, Abil Malovski was found guilty of the attempted murder of Steven Grant. Earlier, on 9 October 2023, Mr Malovski pleaded guilty to the charge of being a prohibited person in possession of a firearm.
On 13 December 2023, Justice Tinney sentenced Mr Malovski to 20 years’ imprisonment with a non-parole period of 15 years. Justice Tinney declared that Mr Malovski had served 583 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Tinney said:
“Turning to general deterrence, male violence towards former intimate partners, or towards new friends of former intimate partners, is a depressingly frequent occurrence in our society, and is to be deplored and discouraged. The sentence I pass on you must be such as to clearly bring it home to any male, or any person, who would seek to wreak violent retribution against another person motivated by a refusal to accept or deal with the end of a relationship, that such conduct will be met with very strong punishment.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 11 December 2023, Tia Minhinnick was sentenced on a charge of murder by Justice Richard Niall of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 7 July 2023, Tia Minhinnick pleaded guilty to the murder of his mother, Angela Huata.
On 11 December 2023, Justice Niall sentenced Mr Minhinnick to 21 years’ imprisonment with a non-parole period of 15 years’ imprisonment. Justice Niall declared that Mr Minhinnick had served 665 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Niall said:
“There are a number of features of your offending, Mr Minhinnick, that make it a serious example of murder. Ms Huata was vulnerable, especially because of her disability. She was in her own home, a place where she was entitled to be safe. You were subject of a family violence intervention order in relation to your mother, which aggravates your conduct. The attack on her was protracted, extremely violent and unremitting.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 8 December 2023, Jordan Bottom and Rikki Smith were sentenced by Justice Andrew Tinney of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 16 June 2023, following a trial by jury, Jordan Bottom was found guilty of false imprisonment and common law assault in relation to Bradley Lyons. Rikki Smith was also found guilty of false imprisonment and common law assault, and had previously pleaded guilty to intentionally causing injury. The jury found both Mr Bottom and Mr Smith not guilty of murder.
At the same time, the jury found their co-accused Albert Thorn guilty of the murder of Bradley Lyons. Mr Thorn was also found guilty of common law assault, intentionally causing injury, kidnapping and false imprisonment. On 4 December 2023, Justice Tinney sentenced Mr Thorn.
On 8 December 2023, Justice Tinney sentenced Mr Bottom to nine years’ imprisonment with a non-parole period of six years and Mr Smith to 10.5 years’ imprisonment with a non-parole period of seven years. Justice Tinney declared that both Mr Bottom and Mr Smith had served 1730 days of the sentence by way of pre-sentence detention.
When handing down the sentences, Justice Tinney said:
“Yours were not spontaneous or impulsive criminal acts, committed in haste and without sufficient thought. These were well-planned, well-executed criminal offences, carried out with truly chilling callousness and disregard for the wellbeing of a fellow human being. You had ample time throughout that afternoon and evening to reflect on what you were doing and to desist. You did not do so. Your crimes were an affront to normal, decent society.”
Four other co-accused have also been sentenced following guilty pleas:
- Alec Harvey was sentenced by Justice Taylor on 13 August 2020 on one charge of false imprisonment, one charge of intentionally causing injury and one charge of assisting an offender to eight years and six months’ imprisonment with a non-parole period of five years and six months;
- Jayden Ball was sentenced by Justice Taylor on 28 September 2020 on one charge of intentionally causing injury to two years’ imprisonment with a non-parole period of 15 months; and
- Jana Hooper and Nick Keith Stefani were sentenced by Justice Tinney on 22 December 2022. Jana Hooper was sentenced on one charge of intentionally causing injury, one charge of kidnapping and one charge of false imprisonment to seven years and six months’ imprisonment with a non-parole period of four years and six months. Nick Stefani was sentenced on one charge of intentionally causing injury, one charge of kidnapping, one charge of false imprisonment and one charge of assault to ten years’ imprisonment with a non-parole period of eight years.
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 6 December 2023, Troy Maskell was sentenced on a charge of manslaughter by Justice Lex Lasry of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 14 August 2023, following a trial by jury, Troy Matthew Maskell was found guilty of the manslaughter of John Edward Burke.
On 6 December 2023, Justice Lasry sentenced Mr Maskell to eight years’ imprisonment with a non-parole period of five years. Justice Lasry declared that Mr Maskell had served 652 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Lasry said:
“I want to say yours is the kind of violence that society abhors but I am no longer confident that is true. The incidence and acceptance of gratuitous violence shows no sign of diminishing as middle-aged men, particularly, feel the need for some kind of machismo acceptance regardless of who the victim is. Very often it is women. In this case, a vulnerable man in his 70s who had no hope of defending himself.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 4 December 2023, Albert Thorn was sentenced by Justice Andrew Tinney of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 16 June 2023, following a trial by jury, Albert Thorn was found guilty of the murder of Bradley Lyons. Mr Thorn was also found guilty of common law assault, intentionally causing injury, kidnapping and false imprisonment. He pleaded guilty to the latter three charges in front of the jury on 24 April 2023.
At the same time, the jury found Mr Thorn’s co-accused Jordan Bottom guilty of false imprisonment and common law assault and Rikki Smith guilty of false imprisonment, common law assault and intentionally causing injury. On 8 December 2023, Justice Tinney sentenced Mr Bottom and Mr Smith.
On 4 December 2023, Justice Tinney sentenced Mr Thorn to life imprisonment with a non-parole period of 32 years. Justice Tinney declared that Mr Thorn had served 1727 days of the sentence by way of presentence detention.
When handing down the sentence, Justice Tinney said:
“The crimes for which you fall to be sentenced are examples of vigilante justice inflicted by you in company with others upon a helpless and outnumbered man who, throughout the many hours of the terrifying ordeal leading up to his shocking death, was treated by you with violence and disdain, reflecting the hatred you felt for him... and your strongly-held view that you should be entitled to deal with him as you wished.”
Four other co-accused have also been sentenced following guilty pleas:
- Alec Harvey was sentenced by Justice Taylor on 13 August 2020 on one charge of false imprisonment, one charge of intentionally causing injury and one charge of assisting an offender to eight years and six months’ imprisonment with a non-parole period of five years and six months;
- Jayden Ball was sentenced by Justice Taylor on 28 September 2020 on one charge of intentionally causing injury to two years’ imprisonment with a non-parole period of 15 months; and
- Jana Hooper and Nick Keith Stefani were sentenced by Justice Tinney on 22 December 2022. Jana Hooper was sentenced on one charge of intentionally causing injury, one charge of kidnapping and one charge of false imprisonment to seven years and six months’ imprisonment with a non-parole period of four years and six months. Nick Stefani was sentenced on one charge of intentionally causing injury, one charge of kidnapping, one charge of false imprisonment and one charge of assault to ten years’ imprisonment with a non-parole period of eight years.
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
NOVEMBER 2023
Sentence summaries:
DPP v Paul Charlton - 29 November 2023 - Murder
DPP v Abdullah El Nasher - 28 November 2023 - Murder, intentionally causing serious injury
DPP v Ashley Feetham - 23 November 2023 - Murder, intentionally causing serious injury
DPP v William Scriven - 9 November 2023 - Aggravated burglary, two charges intentionally causing serious injury in circumstances of gross violence, theft
On 29 November 2023, Paul Charlton was sentenced on one charge of murder by the Honourable Justice James Elliott of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 6 July 2023, following a trial by jury, Paul Ross Charlton was found guilty of the murder of Joanne Howell on 21 April 2007.
On 29 November 2023, his Honour sentenced Mr Charlton to 24 years’ imprisonment with a non-parole period of 19 years. His Honour declared that Mr Charlton had served 302 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Elliott observed:
“Murder is a gravely serious offence. You brutally murdered Ms Howell in her home where she was entitled to feel safe. It is a significant aggravating factor that your offending was an extreme act of domestic violence.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 28 November 2023, Abdullah El Nasher was sentenced by Justice Christopher Beale of the Supreme Court of Victoria.
Sentence summary
On 5 June 2023, following a trial by jury, Abdullah El Nasher was found guilty of the murder of Benjamin Togiai, not guilty of the attempted murder of Omar Bchinnati, and guilty of intentionally causing serious injury to Mr Bchinnati. Mr El Nasher subsequently pleaded guilty to the offences of being a prohibited person possessing a firearm and a prohibited person using a firearm.
On 28 November 2023, Justice Beale sentenced Mr El Nasher to 29 years and three months’ imprisonment with a non-parole period of 22 years. Justice Beale declared that Mr El Nasher had served 1726 days of the sentence by way of presentence detention.
When handing down the sentence, Justice Beale said:
“Clearly the jury rejected your defence of self-defence. There was no independent evidence that supported it. On the contrary, there was independent evidence which supported your role as being that of an aggressor, especially the CCTV footage of you moving boldly up onto the footpath after firing your five shots, rather than trying to get away.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 23 November 2023, Ashley Roy Feetham was sentenced on a charge of murder and a charge of intentionally causing serious injury by Justice Stephen Kaye of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 20 October 2023, following a trial by jury, Ashley Roy Feetham was found guilty of the murder of Dylan Bond and guilty of intentionally causing serious injury to Heath Bond.
On 23 November 2023, Justice Kaye sentenced Mr Feetham to 22 years’ imprisonment with a non-parole period of 16 years. Justice Kaye declared that Mr Feetham had served 168 days of the sentence by way of presentence detention.
When handing down the sentence, Justice Kaye said:
“As I have concluded, while your actions were motivated by a desire to defend yourself against Heath Bond and Dylan Bond, they significantly exceeded that which you regarded as being necessary in order to protect yourself from them, and your actions were entirely disproportionate to the degree of threat that they posed to you. The use by you of a knife was not only unnecessary, but plainly, it could only have ended with the tragic consequences, which ensued from your resort to the use of it.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 9 November 2023, William James Scriven was sentenced by Justice Christopher Beale of the Supreme Court of Victoria.
Sentence summary
On 9 September 2022, William James Scriven pleaded guilty to one charge of aggravated burglary, two charges of causing serious injury intentionally in circumstances of gross violence and one charge of theft.
On 9 November 2023, Justice Beale sentenced Mr Scriven with regards to all four charges to a total effective sentence of 12 years and 9 months’ imprisonment with a non-parole period of 10 years. Justice Beale declared that Mr Scriven had served 1631 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Beale said:
“…this brutal offending occurred within a few weeks of you being released from custody, having been in custody for over a year… The fact that your offending occurred so soon after being released from a lengthy period in custody and whilst you were on a community corrections order is a circumstance of considerable aggravation.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
OCTOBER 2023
Sentence summaries:
DPP v MA - 19 October 2023 - Manslaughter
DPP v Biannca Edmunds - 3 October 2023 - Murder
On 19 October 2023, MA was sentenced on a charge of manslaughter by Justice Michael Croucher of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 8 May 2023, following a trial by jury, MA was found guilty of the manslaughter of Adam Cassar.
MA was a minor at the time of the offending, and under the Children, Youth and Families Act 2005 cannot be identified.
On 19 October 2023, Justice Croucher sentenced MA to six years’ imprisonment with a non-parole period of three years. Justice Croucher declared that MA had served 630 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Croucher said:
”All persons, whether young or old, should understand that the carrying of knives in public for no lawful purpose can lead to tragic consequences of the kind that occurred here. It must stop. Further, when that behaviour results in the commission of manslaughter, as here, it is denounced all the more, and must attract punishment that is just in all the circumstances.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 3 October 2023, Biannca Edmunds was sentenced on a charge of murder by Justice Lex Lasry of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 17 December 2022, following a trial by jury, Biannca Edmunds was found guilty of the murder of Michael Caposiena. Mr Caposiena was murdered on 12 March 2016 by Ms Edmunds’ husband, Glenn Cassidy. Mr Cassidy also died at the scene. The jury found Ms Edmunds guilty on the basis that she was complicit in Mr Caposiena’s murder.
On 3 October 2023, Justice Lasry sentenced Ms Edmunds to 26 years’ imprisonment with a non-parole period of 20 years. Justice Lasry declared that Ms Edmunds had served 625 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Lasry said:
“So, what is now to be said about this whole sorry saga? First, your conduct is to be condemned because you decided to try to avoid an inconvenient family law dispute by the use of homicidal violence. I am sure many family law litigants feel anger and frustration at the process but fortunately, they are prepared to abide the application of the law. Second, you relatively easily persuaded Cassidy to do the killing. Third, the planning and thought that went into Caposiena’s death, though totally misguided, was lengthy, careful and designed to avoid criminal liability for you. These factors add up to a degree of entitlement that is at the extreme end of any scale.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
SEPTEMBER 2023
Sentence summaries:
DPP v Stuart Heron - 8 September 2023 - Murder
DPP v Shannon Jeffrey - 8 September 2023 - Manslaughter
DPP v Jesse Tovey - 5 September 2023 - Manslaughter
On 8 September 2023, Stuart Lindsay Heron was sentenced on a charge of murder by Justice Michael Croucher of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 14 March 2023, Stuart Heron pleaded guilty to the murder of Nicholas Cameron.
On 8 September 2023, Justice Croucher sentenced Mr Heron to 22 years’ imprisonment with a non-parole period of 15 years. Justice Croucher declared that Mr Heron had served 791 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Croucher said:
”I have found it more difficult than usual to arrive at what I consider to be a just and appropriate sentence in this particular case. Objectively, Mr Heron’s crime is dreadful and disturbing, and deserving of heavy condemnation and condign punishment. Yet he is, in essence, a good person who is terribly troubled at the horror of what he has done, and wishes to take responsibility for his crime.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 8 September 2023, Shannon Jeffrey was sentenced on a charge of manslaughter by Justice Michael Croucher of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 5 July 2023, Shannon Jeffrey pleaded guilty to the manslaughter of Kobie Parfitt.
On 8 September 2023, Justice Croucher sentenced Ms Jeffrey to 10 years’ imprisonment with a non-parole period of 7 years. Justice Croucher declared that Ms Jeffrey had served 748 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Croucher said:
”After the killing, [Ms Jeffrey] had oodles of time to reflect on her actions and to choose to do the decent thing thereafter. Thus, she might have come forward and explained what she had done and where she had dumped Ms Parfitt’s body. This might have gone some way to lessening the family’s suffering. But she chose instead to do nothing…”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 5 September 2023, Jesse Tovey was sentenced on a charge of manslaughter by Justice Michael Croucher of the Supreme Court of Victoria.
SENTENCE SUMMARY
Jesse Tovey pleaded guilty to the manslaughter of his brother, Joshua Tovey.
On 5 September 2023, Justice Croucher sentenced Mr Tovey to 8 years and 3 months’ imprisonment with a non-parole period of 5 years. Justice Croucher declared that Mr Tovey had served 861 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Croucher said:
“…whatever passed between them in those crucial moments, Jesse Tovey is distraught at his brother’s death. Further, on his own admission, he is criminally responsible for that terrible outcome. In the eyes of some, and in his own mind, he may well have to bear the mark of Cain for life.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
AUGUST 2023
Sentence summaries:
DPP v Zoran Pandilovski - 30 August 2023 - Murder
DPP v Klay Holland - 29 August 2023 - Rape
DPP v Corey Smart, Brayden Smart, Abraham Abas - 17 August 2023 - Manslaughter
DPP v Joshua Rider & Aaron Ong - 10 August 2023 - Murder
On 30 August 2023, Zoran Pandilovski was sentenced on a charge of murder by Justice Christopher Beale of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 17 April 2023, Zoran Pandilovski pleaded guilty to the murder of his former wife, Elaine Pandilovski.
On 30 August 2023, Justice Beale sentenced Mr Pandilovski to 24 years’ imprisonment with a non-parole period of 17 years. Justice Beale declared that Mr Pandilovski had served 1141 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Beale said:
“Elaine was 44 at the time of her death. The way she died would have been terrifying. Not only did you cut short her life, but you have also visited great suffering and loss on her loved ones. Their mental and physical health have been damaged by your crime.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
Listen to the audio of the sentencing.
On 29 August 2023, Klay Holland was sentenced on a charge of rape by Justice Christopher Beale of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 7 March 2023, following a trial by jury, Klay Holland was found not guilty of the manslaughter of Shane Cox, but guilty of the rape of Shane Cox.
On 29 August 2023, Justice Beale sentenced Mr Holland to 8 years’ imprisonment with a non-parole period of 4 years and 10 months. Justice Beale declared that Mr Holland had served 858 days of the sentence by way of presentence detention.
When handing down the sentence, Justice Beale said:
“Your rape of Mr Cox was a callous, degrading and humiliating act of retribution.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 17 August 2023, Corey Smart, Brayden Smart and Abraham Abas were each sentenced on a charge of manslaughter by Justice Jane Dixon of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 30 May 2023, Corey Smart, Brayden Smart and Abraham Abas each pleaded guilty to the manslaughter of Nicholas Lee Henry.
On 17 August 2023, Justice Jane Dixon sentenced:
- Corey Smart to 8 years and 6 months’ imprisonment with a non-parole period of 5 years;
- Brayden Smart to 7 years and 6 months’ imprisonment with a non-parole period of 4 years and six months; and
- Abraham Abas to 7 years and 6 months’ imprisonment with a non-parole period of 4 years and six months.
When handing down the sentence, Justice Dixon said:
“Whilst manslaughter is an offence that can give rise to a wide range of factual circumstances, the grievous loss of a young man’s life by an unlawful and dangerous stabbing is a terrible thing, not just for his family and friends, but for the community as a whole.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 10 August 2023, Joshua Rider and Aaron Ong were each sentenced on a charge of murder by Justice Christopher Beale of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 9 November 2023, Joshua Rider pleaded guilty to the murder of Paul Virgona.
On 5 December 2022, following a trial by jury, Aaron Ong was found guilty of the murder of Paul Virgona.
On 10 August 2023, Justice Beale sentenced:
- Mr Rider to 30 years’ imprisonment with a non-parole period of 21 years; and
- Mr Ong to 35 years’ imprisonment with a non-parole period of 24 years and six months.
When handing down the sentence, Justice Beale said:
“The impact of your actions has been horrendous for Mr Virgona and his family. An innocent man aged 46 has had his life cut short.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
JULY 2023
Sentence summaries:
DPP v Dael Newman - 27 July 2023 - Murder, causing injury recklessly
On 27 July 2023, Dael John Newman was sentenced on a charge of murder and a charge of causing injury recklessly by Justice Jane Dixon of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 16 March 2023, Dael John Newman pleaded guilty to the murder of David Gaskell and to having caused injury recklessly to Karen Lyons.
On 27 July 2023, Justice Jane Dixon sentenced Mr Newman to:
- 20 years and 6 months’ imprisonment for murder; and
- 12 months' imprisonment for causing injury recklessly, with six months to be served cumulatively.
The total effective sentence was 21 years’ imprisonment. A non-parole period of 16 years was fixed.
Justice Dixon declared Mr Newman had served 480 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Dixon said:
“The sentence I will impose on you reflects the gravity of the crime of murder, involving as it does, the loss of a human life.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
JUNE 2023
Sentence summaries:
DPP v Tyson Armstrong - 30 June 2023 - Manslaughter
DPP v Rebecca Payne - 1 June 2023 - Murder
On 30 June 2023, Tyson Armstrong was sentenced on a charge of manslaughter by Justice Andrew Tinney of the Supreme Court of Victoria.
SENTENCE SUMMARY
On 1 December 2022, Tyson Armstrong pleaded guilty to the manslaughter of Luke Francis.
On 30 June 2023, Justice Tinney sentenced Mr Armstrong to 10 years’ imprisonment with a non-parole period of 8 years. Justice Tinney declared that Mr Armstrong had served 191 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Tinney said:
“Your actions were those of a violent and drunken thug, and your conduct has brought about utter devastation to Luke and his family and friends. Such conduct causes enormous and justifiable anguish and concern in our wider community.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for sentence.
On 1 June 2023, Rebecca Payne was sentenced on a charge of murder by Justice Rita Incerti of the Supreme Court of Victoria.
Sentence summary
On 15 March 2023, following a trial by jury, Rebecca Payne was found guilty of the murder of her husband Noel Payne.
On 1 June 2023, Justice Incerti sentenced Ms Payne to 16 years’ imprisonment with a non-parole period of 10 years. Justice Incerti declared that Ms Payne had served 1000 days of the sentence by way of pre-sentence detention.
When handing down the sentence, Justice Incerti said:
“I regard this as an unusual case and the sentence I will impose needs to reflect the circumstances. This is a case that calls out loudly for the exercise of the discretion of mercy, to reflect the underlying sense of humanity which guides proper sentencing. I think that an element of mercy is due to you because of the circumstances in which you offended.”
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NOTE: This summary is necessarily incomplete. It is not intended as a substitute for the Court’s reasons or to be used in any later consideration of the Court’s reasons. The only authoritative pronouncement of the Court’s reasons and conclusions is that contained in the full reasons for the sentence.