R v ST - [2025] VSC 227

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S ECR 2024 0062

Between:
THE KING
‑and‑
ST	Accused

JUDGE:	Croucher J
WHERE HELD:	Melbourne
DATES OF HEARING:	20 December 2024 (plea); 7 & 21 March 2025 (further evidence)
DATES OF REASONS:	2 May 2025 (original reasons) 9 May 2025 (revised reasons)
DATE OF SENTENCE:	9 May 2025
CASE MAY BE CITED AS:	R v ST
MEDIUM NEUTRAL CITATION:	[2025] VSC 227

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CRIMINAL LAW — Sentence — Murder — Intentionally causing injury (“ICI”) — In May 2023, group of four Year 12 students, including ST, armed with machetes and knife, confronted second group of schoolboys in street near busy suburban bus interchange — ST (aged 17) chased VC (aged 16), stabbed elbow with knife, causing injury — ST then chased PL (aged 16), stabbed twice in back, causing death — ST fled scene but handed himself in 12 days later — ST held on remand in youth justice centre (“YJC”) thereafter — ST pleaded guilty to ICI and murder following sentence indication of total effective sentence of 13 years’ imprisonment with non‑parole period of eight years — Planned confrontation in company in disguise with weapons in full view of public — VC and PL unarmed — Profound victim impact on PL’s loved ones — ST intended to cause only really serious injury to PL, not to kill — Plea of guilty to murder despite triable issue on murderous intent — Genuine remorse — Youth (17 then; 19 now) — No prior convictions — Positively good character — While some concerning behaviour on remand in YJC, ST engaged well in education — Strong support from family, former school teachers, and teachers in YJC — Excellent prospects of rehabilitation — Parity — Co‑accused received non‑custodial sentences or diversion on charges arising out of same incident, including affray, weapons offences, and ICI — On murder, proposed sentence of 13 years’ imprisonment with non‑parole period of eight years — On ICI, proposed sentence (as a child) of accountable undertaking — Contrary to (fundamentally flawed) Youth Justice reports recommending otherwise, Court recommends to Adult Parole Board that ST serve some of sentence in YJC, at least to complete education or training — But for pleas of guilty, total effective sentence in order of 18 years’ imprisonment with non‑parole period of 13 years — Sentences foreshadowed today but to be passed next week to allow ST to remain in YJC while Adult Parole Board in interim considers whether he serves some of balance of sentence in YJC before transfer to prison — Crimes Act 1958 (Vic), ss 3 & 18; Criminal Procedure Act 2009 (Vic), ss 207–‍209; Sentencing Act 1991 (Vic), ss 5, 6AAA & 18; Children, Youth and Families Act 2005 (Vic), ss 360–‍362, 363–‍368, 471, 516, 534 & 586.

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr D Porceddu	Solicitor for Public Prosecutions
For ST	Mr C Terry	Angus Cameron Lawyers
For the Department of Justice and Community Safety	Ms…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v ST

Details

AGLC: R v ST [2025] VSC 227
Case: [2025] VSC 227
Decision Date: 2 May 2025

CaseChat Overview and Summary

ST, the appellant, is before the court on the matter of his sentencing for the charge of murder and intentionally causing injury. ST, aged 17 at the time of the offence, had pleaded guilty to the murder of PL, aged 16, and intentionally causing injury to VC, aged 16, following a confrontation between two groups of schoolboys. The incident occurred in May 2023, near a busy suburban bus interchange, where ST, armed with a knife, stabbed PL twice in the back, causing his death, and stabbed VC in the elbow with a knife, causing injury. ST handed himself in to the police 12 days after the incident.

The court had to determine the appropriate sentence for ST, considering various legal issues such as the nature of the crime, ST's age, his lack of prior convictions, his remorse, his engagement in education and training, and the disparity in sentencing between ST and his co-accused. The court also had to consider the impact of the crime on the victims' families and the recommendations of the Youth Justice reports.

In delivering the judgment, the court emphasised the premeditated and dangerous nature of the crime, the profound impact on the victims' loved ones, and the disparity in sentencing between ST and his co-accused. The court acknowledged ST's genuine remorse, his positive engagement in education and training, and the support he received from his family and former teachers. The court also considered the recommendations of the Youth Justice reports, despite finding them fundamentally flawed. The court recommended that ST serve some of his sentence in a youth justice centre to complete his education or training, before being transferred to an adult prison. The court sentenced ST to a total effective sentence of 18 years' imprisonment with a non-parole period of 13 years, but this sentence is subject to the Adult Parole Board's consideration of whether ST serves some of the balance of his sentence in a youth justice centre.

The court will pass the final orders next week to allow ST to remain in the youth justice centre while the Adult Parole Board considers whether he serves some of the balance of his sentence in a youth justice centre before transfer to an adult prison.

Orders