| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2023 0163 |
| RODNEY LEE | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | PRIEST, TAYLOR and T FORREST JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 28 October 2024 |
| DATE OF JUDGMENT: | 31 October 2024 |
| MEDIUM NEUTRAL CITATION: | [2024] VSCA 258 |
| JUDGMENT APPEALED FROM: | DPP v Lee [2023] VSC 437 (Elliott J) |
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CRIMINAL LAW – Appeal – Sentence – Murder – Shotgun killing of two – Individual sentences of 22 years’ imprisonment on two charges of murder – Eight years’ cumulation — Total effective sentence 30 years’ imprisonment – Non-parole period 24 years – Whether manifestly excessive – Leave to appeal refused.
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| Counsel | |||
| Applicant: | Mr J O’Connor and Ms A Renieris | ||
| Respondent: | Mr JCJ McWilliams and Ms B Goding | ||
Solicitors | |||
| Applicant: | Victoria Legal Aid | ||
| Respondent: | Ms A Hogan, Solicitor for Public Prosecutions | ||
PRIEST JA
TAYLOR JA
T FORREST JA:
Introduction
On 13 January 2022, the applicant, then aged 73 years,0F[1] took the lives of two of his neighbours, Tibor Laszlo and Saumoto Gasio, by shooting them with a single barrel shotgun. He pleaded guilty to their murders before a judge of the Supreme Court on 17 February 2023.
[1]His date of birth is 6 January 1949.
Following a plea conducted on 15 May 2023, the judge sentenced the applicant on 31 July 2023 to be imprisoned for 22 years on each of two charges of murder,1F[2] and ordered eight years’ cumulation between the sentences. The total effective sentence was thus 30 years’ imprisonment, upon which the judge fixed a non-parole period of 24 years.2F[3]
[2]By s 3(1) of the Crimes Act 1958, the maximum sentence is life imprisonment; and by s 3(2)(b), the standard sentence is 25 years’ imprisonment.
[3]Pursuant to s 6AAA of the Sentencing Act 1991, the judge declared that, but for the pleas of guilty, he would have sentenced the applicant to 40 years’ imprisonment with a non-parole period of 32 years.
The applicant now seeks leave to appeal against his sentence, contending that the total effective sentence and non-parole period are manifestly excessive.
There is no substance in that contention. We consider that leave to appeal must be refused. Our reasons follow.
The offending
The applicant moved into a unit complex in Mordialloc in October 2006. Among other things, he took an active role in maintaining the communal areas of the complex and he planted and maintained a communal garden. The applicant told police that he ‘put everything’ into the garden, which was his pride and joy.
Unhappily, the applicant’s relationships with other residents of the complex began to deteriorate around 2020. He complained about residents’ music, and was bothered by residents drinking alcohol in communal areas. The applicant took exception to other residents’ unwillingness to assist with gardening and taking out the bins. He also had repeated confrontations with other residents when they turned off a tap connected to a hose that the applicant would often leave running to water the garden.
On 13 January…
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- AGLC
- Lee v The King [2024] VSCA 258
- Case
- [2024] VSCA 258
- Decision Date
CaseChat Overview and Summary
The court considered the need for punishment, deterrence, and rehabilitation in determining the appropriate sentence. It emphasised the heinous nature of the crimes, the level of premeditation, and the impact on the victims and their families. The court also weighed the appellant's background, including his age and lack of a criminal history, in determining the appropriate sentence. After careful consideration, the court concluded that the sentence was not manifestly excessive, taking into account the need for general and specific deterrence.
The court refused the appellant leave to appeal. It found that the sentence imposed was within the range of sentences that could be considered appropriate for the crimes committed. The court emphasised the importance of maintaining public confidence in the criminal justice system and the need to ensure that sentences reflect the gravity of serious offences. The court also noted the appellant's lack of remorse and the potential risk he posed to the community if released early. The refusal of leave to appeal meant that the original sentence would stand.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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