Donna Georgina Russell v The Queen

This matter concerned an appeal by Donna Georgina Russell against her sentence imposed by the County Court of Victoria. The appeal was heard by Higgins CJ, Penfold and Graham JJ of the Supreme Court of Victoria.

The central legal issue before the Full Court was whether the sentence imposed by the County Court was manifestly excessive, particularly in relation to the non-parole period. The appellant sought to have the sentence reviewed on grounds of severity.

The Full Court considered the principles of sentencing, including the need for punishment, deterrence, rehabilitation, and the protection of the community. They applied these principles to the facts of the case, noting that while the sentence itself was not found to be excessive, the commencement date and the non-parole period warranted adjustment. The Court determined that the sentence of three years imprisonment should commence from 2 April 2007, with a non-parole period of 12 months.

Accordingly, the appeal was allowed to the extent that the sentence was varied as described, and otherwise dismissed.