Khayre v The Queen

Khayre v The Queen involved an appeal against a sentence imposed by the Supreme Court of Victoria. The applicant was convicted on one count of aggravated burglary, two counts of theft, one count of causing injury intentionally, one count of causing injury recklessly, and one count of stating a false name. The trial judge sentenced the applicant to a total effective term of imprisonment of 5 years and 6 months, with a non-parole period of 3 years. The applicant sought leave to appeal against the sentence.

The applicant contended that the judge had erred in his approach to the time the applicant had previously served on remand for charges that were later acquitted of. The applicant argued that the time on remand should have been disregarded in calculating the sentence. Additionally, the applicant submitted that the judge had erred in failing to find that the applicant was remorseful. The applicant also argued that the sentence was manifestly excessive, given that it was a serious example of aggravated burglary.

The Court found that the trial judge had not erred in his approach to the time the applicant had served on remand. The Court held that the time on remand could be appropriately regarded as part of the sentence for the purposes of calculating the total effective term. The Court also found that the trial judge had not erred in failing to find that the applicant was remorseful. The Court held that the trial judge had considered all relevant factors and had made a finding that was open on the evidence. Finally, the Court held that the sentence was not manifestly excessive, given the seriousness of the offences committed.

Leave to appeal against the sentence was refused.