Director of Public Prosecutions Reference No 1 of 2017

This matter concerned a reference by the Director of Public Prosecutions (DPP) to the Court of Appeal of Victoria regarding the sentencing of an offender convicted of a single count of aggravated burglary. The DPP sought to challenge the leniency of the sentence imposed by the County Court.

The central legal issue before the Court of Appeal was whether the sentencing judge had erred in principle by failing to adequately take into account the objective seriousness of the offence of aggravated burglary, particularly in light of the offender's prior convictions for similar offences. The Court was required to consider the appropriate sentencing range for aggravated burglary and the weight to be given to the offender's criminal history when determining a just and appropriate sentence.

Bell and Nettle JJ held that the sentencing judge had made an error of principle. They reasoned that the objective seriousness of aggravated burglary, which involves an unlawful entry into a building with the intent to commit an indictable offence, was significant. Furthermore, the offender's extensive record of prior convictions for similar offences, including previous findings of guilt for aggravated burglary, demonstrated a persistent disregard for the law and increased the objective seriousness of the current offence. The Court emphasised that prior convictions for like offences are a critical factor in assessing the objective seriousness of the current offence and in determining the appropriate level of deterrence and punishment.

The Court of Appeal allowed the DPP's reference, quashed the original sentence, and resentenced the offender to a term of imprisonment that reflected the objective seriousness of the offence and the offender's criminal history.