Green v The Queen

The appellant, Green, appealed against his sentence for armed robbery and theft, arguing that the total effective sentence of seven years' imprisonment with a non-parole period of five years was manifestly excessive. The case was heard in the Victorian Court of Appeal. The primary issue before the court was whether the sentence imposed by the trial judge was excessive, and if the non-parole period warranted appellate scrutiny.

The court examined the principle of manifest excessiveness, referencing R v Detenamo and Romero v R, and considered the seriousness of the crimes, Green's criminal history, and the deterrent effect of the sentence. The court found that while the sentence was severe, it was not manifestly excessive. The appeal was dismissed, as the court held that the trial judge's consideration of the relevant factors in imposing sentence was adequate. The non-parole period did not invite appellate scrutiny, as it was within the range of sentences typically imposed for such crimes.

The final order of the court was that the appeal was dismissed. The appellant's sentence of seven years' imprisonment with a non-parole period of five years was upheld.