R v McKee

Case [2003] VSCA 16


SUPREME COURT OF VICTORIA

COURT OF APPEAL

No. 65 of 2002
No. 66 of 2002

THE QUEEN

v.

KIM McKEE
and
KASSANDRA BROOKS

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JUDGES:

BUCHANAN, VINCENT and EAMES, JJ.A.

WHERE HELD:

MELBOURNE

DATE OF HEARING:

27 February 2003

DATE OF JUDGMENT:

27 February 2003

MEDIUM NEUTRAL CITATION:

[2003] VSCA 16

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Criminal law - Sentencing - Armed robberies - Offences committed to obtain funds to satisfy addictions - Sentences of five years and six months' imprisonment with a minimum term of two years six months' imprisonment not manifestly excessive.

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APPEARANCES: Counsel Solicitors
For the Crown Mr J.D. McArdle, Q.C. K. Robertson, Solicitor for Public Prosecutions
For the Appellant McKee Mr C.B. Boyce Victoria Legal Aid
For the Appellant Brooks Mr L. Carter Leanne Warren & Associates

BUCHANAN, J.A.:

  1. Kim McKee is 24 years old.  Kassandra Brooks is 27 years old.  Both have been addicted to heroin for many years.  On 12 August 2001, McKee and a man armed with a gun robbed a chemist shop.  While the male co-offender pointed the gun at the chemist, McKee walked behind the counter, emptied the contents of the cash register, taking approximately $600 to $700 and a large number of prescription drugs.  On the evening of 23 September 2001, Brooks drove a stolen car to a pharmacy at Avondale Heights in the company of a man.  Brooks smashed the front window of the pharmacy, entered it and stole a quantity of prescription tablets.

  1. Later that night and in the early morning of the following day McKee and Brooks together committed a number of crimes.  They first drove to a service station in the stolen car, McKee armed with a hammer and Brooks armed with a knife, their faces covered with scarves or cloth.  A young attendant in the store saw the appellants and ran into an office and locked the door.  McKee demanded that he open the cash register and threatened to kill him if he did not.  She attempted unsuccessfully to open the cash register.  The appellants stole packets of cigarettes and escaped in the stolen car.  Next, the appellants drove to a mobile phone shop where Brooks broke a side window, entered the store and stole cash from the register.  She smashed display cases and then stole some 30 mobile phones and accessories.  Soon afterwards the appellants drove to a service station.  McKee entered the shop area and spoke to the attendant.  She signalled Brooks to enter the shop.  Brooks did so, her face covered with a cloth or scarf.  McKee then produced a large screwdriver and threatened the attendant.  She demanded that the cash register be opened and stole cash and cigarettes.

  1. At about midday on 24 September 2001, McKee and Brooks were travelling in the stolen car when it was involved in a minor collision with a van in Braybrook.  Both drivers parked their vehicles, and spoke to each other.  The driver of the van entered the Braybrook post office.  While he was inside, the appellants broke…

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R v McKee [2003] VSCA 16
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[2003] VSCA 16
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CaseChat Overview and Summary

The case of R v McKee involves the defendant, McKee, who was convicted of multiple armed robberies. The court was required to determine the appropriate sentence for these offences, which were committed to fund his drug addiction. The matter was heard in a higher court where the appeal against sentence was considered.

The legal issues before the court were the appropriate sentencing principles to apply in this case, given the circumstances of the offences and the need to consider the defendant's addiction as a mitigating factor. The court needed to weigh the seriousness of the crimes, which involved violence and the use of firearms, against the personal circumstances of the defendant.

The court determined that the sentencing principles applicable to such cases required consideration of the gravity of the offences, the need for deterrence, and the personal circumstances of the offender. In this instance, while the offences were serious, the court recognised that the defendant's actions were driven by his addiction. The court concluded that the sentences imposed, five years and six months' imprisonment with a non-parole period of two years and six months, were not manifestly excessive when all factors were considered. The appeal against sentence was dismissed.

The court's final orders were that the sentences imposed by the lower court were affirmed, and the defendant's appeal against sentence was dismissed. The sentences would remain as five years and six months' imprisonment, with a minimum term of two years and six months' imprisonment to be served before parole eligibility.

Orders

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