Makieng v The Queen

The appellant, Makieng, applied to the Court for an extension of time to seek leave to appeal against his sentence for aggravated home invasion and armed robbery. The case was heard by the Supreme Court of Victoria. The appellant argued that the sentence of 6 years and 4 months’ imprisonment, with a non-parole period of 3 years and 9 months, was manifestly excessive and that he should have received a non-custodial sentence due to his youth and potential for rehabilitation.

The primary issue before the Court was whether the appellant had provided substantial and compelling circumstances that were exceptional and rare, to justify an extension of time to seek leave to appeal. Additionally, the Court had to consider whether the sentence was manifestly excessive and whether a Youth Justice Centre order was more appropriate. The Court also examined whether the appellant had assisted law enforcement agencies, which could be a mitigating factor in sentencing.

The Court found that the appellant had not provided a satisfactory reason for the delay in seeking an extension of time. The Court also held that the appellant had not demonstrated substantial and compelling circumstances that were exceptional and rare, and that the sentence was not manifestly excessive. The Court further found that a Youth Justice Centre order was not appropriate, given the seriousness of the offences. The Court concluded that the appeal had no prospects of success and therefore refused the application for an extension of time.

The Court dismissed the application for an extension of time and ordered that the appellant pay the costs of the application.