| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S ECR 2022 0048
| DIRECTOR OF PUBLIC PROSECUTIONS | Crown |
| v | |
| JOSHUA ROZYNSKI | Accused |
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JUDGE: | CHAMPION J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 12 October 2023 |
DATE OF SENTENCE: | 15 December 2023 |
DATE OF RULING: | 19 December 2023 |
CASE MAY BE CITED AS: | R v Rozynski (No 2) |
MEDIUM NEUTRAL CITATION: | [2023] VSC 773 |
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CRIMINAL LAW — Sentence — Murder — Dispute over drugs — Car chase on public roads — Victim shot at close range with sawn‑off shotgun — Serious example of murder — Modest criminal history — Guilty plea — Remorse — Dysfunctional and turbulent upbringing — Guarded rehabilitation prospects — Sentence indication given — General deterrence, denunciation and just punishment important — Specific deterrence and community protection important — R v Verdins (2007) 16 VR 269 — Bugmy v The Queen (2013) 249 CLR 571 — Crimes Act 1958 (Vic) — Sentencing Act 1991 (Vic).
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APPEARANCES: | Counsel | Solicitors |
| For the Prosecution | N Hutton A Malik | Office of Public Prosecutions |
| For the Accused | S Tovey | Balmer & Associates |
HIS HONOUR:
Introduction
Joshua Rozynski, on 5 June 2023, you pleaded guilty to murdering Daniel Eagle on 27 March 2021. You shot and killed Mr Eagle with a single shotgun blast to his right upper back, while he was seated in the front passenger seat of a vehicle that had just been involved in a collision in Corio.
The maximum penalty for the offence of murder is life imprisonment. Murder is a standard sentence offence.
Background
Mr Eagle was 44 years old at the time of his death. He resided in Norlane with his partner, AG, and their children.
At the time of Mr Eagle’s death, you were 26 years of age and were living in Corio with your partner and children. You are the step‑son of Scott Perry and the half‑brother of Zachary Perry, both of whom were present at events preceding the murder of Mr Eagle.
You and Mr Eagle were known to each other.
Circumstances of the offending
Background and first confrontation
In the early hours of the morning of 27 March 2021, Mr Eagle, in company with Matthew Gibbons and Kerubino Angok [‘his associates’], arranged to purchase drugs from your step‑father and half‑brother.
Mr Eagle made a small down‑payment on this purchase, but before he was to receive the drugs, he decided to cancel the deal. Mr Eagle and his associates then attempted to recoup the deposit they had made.
According to Mr Eagle’s associates, the drug deal was an attempt to set up your half‑brother so that Mr Eagle could confront and assault him or your step‑father.
This led to a dispute between, on the one hand, your step‑father and half‑brother, and on the other hand, Mr Eagle and his associates. Damage was caused to your step‑father’s home in Corio. Some time later, shots were fired into Mr Eagle’s home at around 5:10am. Mr Eagle was not at home when this…
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- AGLC
- R v Rozynski (No 2) [2023] VSC 773
- Case
- [2023] VSC 773
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the significance of the principles of general deterrence, denunciation, and just punishment in the context of a serious example of murder. The court also considered the importance of specific deterrence and community protection in sentencing. The court examined previous cases such as R v Verdins and Bugmy v The Queen, and statutory provisions from the Crimes Act 1958 (Vic) and the Sentencing Act 1991 (Vic) to guide its decision. The court balanced these factors against the defendant's personal circumstances and the potential for rehabilitation.
The Supreme Court of Victoria, after thorough consideration of the aforementioned factors, determined that the sentence should reflect the severity of the crime and the need to uphold the principles of general deterrence and denunciation. The court also recognised the importance of specific deterrence and community protection. In light of these considerations, the court found that a sentence of imprisonment with a non-parole period was appropriate. The court took into account the defendant's guilty plea and remorse, as well as his personal background and rehabilitation prospects. Ultimately, the court imposed a sentence that balanced the need for punishment and deterrence with the potential for rehabilitation and community protection.
The final orders of the court included a sentence of imprisonment with a specified non-parole period, reflecting the gravity of the crime and the considerations outlined above. The court's decision was informed by the principles of criminal law and sentencing, as well as the specific circumstances of the defendant and the victim. The court's ruling provided clarity on the appropriate sentence for this serious offence, taking into account both the needs of justice and the individual circumstances of the case.
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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