SUPREME COURT OF VICTORIA
COURT OF APPEAL
No S APCR 2009 0700
| ROCHELLE LOUISE KEY | Appellant |
| v | |
| THE QUEEN | Respondent |
---
| JUDGES | ASHLEY and WEINBERG JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 16 September 2010 |
| DATE OF JUDGMENT | 16 September 2010 |
| MEDIUM NEUTRAL CITATION | [2010] VSCA 242 |
| JUDGMENT APPEALED FROM | R v Key (Unreported, County Court of Victoria, Judge Nicholson, 19 December 2008) |
---
Criminal Law – Sentence – Armed robbery and attempted armed robbery – Total effective sentence of 42 months’ imprisonment with non-parole period of 26 months’ imprisonment imposed below – Offences committed whilst appellant on bail for other offences – Sentences imposed in the Magistrates’ Court now fully served – Section 16(3C), Sentencing Act 1991 – Commencement of non-parole period – Section 15(1), Sentencing Act 1991 – Appeal allowed – Appellant re-sentenced to a total effective sentence of 2 years and 10 months’ imprisonment with a non-parole period of 20 months’ imprisonment.
---
| Appearances: | Counsel | Solicitors |
| For the Appellant | Mr D A Dann | Chris McLennan and Associates |
| For the Crown | Mr D Trapnell, SC | Mr C Hyland, Solicitor for Public Prosecutions |
ASHLEY JA:
Rochelle Key, a woman now aged 28, appeals by leave against sentence passed in the County Court on 19 December 2008. On that day, having pleaded guilty to a count of armed robbery and a count of attempted armed robbery, the appellant was sentenced on the first of those counts to 38 months’ imprisonment and on the second to 28 months’ imprisonment. The judge cumulated 4 months of the latter sentence on the former. The total effective sentence was thus 42 months’ imprisonment. The judge fixed a non-parole period of 26 months’ imprisonment. She made certain ancillary orders.
The learned judge also sentenced a co-offender, Damian Greer, on the same day. He was sentenced to 34 months’ imprisonment on the count of armed robbery, and to 24 months’ imprisonment on the count of attempted armed robbery. With partial cumulation, the total effective sentence was 38 months’ imprisonment. The judge fixed a non-parole period of 18 months’ imprisonment, made ancillary orders, and made a declaration with respect to pre-sentence detention.
On 16 June 2009, the appellant instituted an application for extension of time within which to lodge a notice of appeal. The application was granted on 6 October 2009. Buchanan JA granted leave to appeal on 12 February 2010, the Crown having conceded that it was reasonably arguable that the learned sentencing judge had undervalued the appellant’s guilty plea.
There are three grounds of appeal, the third being added by leave this morning:
1.The learned sentencing judge erred in failing to have sufficient regard to the appellant’s plea of guilty.
2. The sentence imposed is manifestly excessive.
3.The learned sentencing judge erred in the application of the parity principle.
The circumstances of the offending were as follows: Adele Rama was driving a vehicle in Flemington at about 6.30pm on 8 April 2008. There was a passenger in his car, Mohammed Cameron. A vehicle driven by…
Keep reading for free
Create a free CaseChat account to read Rochelle Louise Key v The Queen and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2010] VSCA 242
- Decision Date
CaseChat Overview and Summary
In addressing the appeal, the court emphasised the importance of ensuring that sentences imposed for serious offences are proportionate to the gravity of the crimes committed. The court noted that the appellant had committed the offences while on bail for other serious offences, which indicated a pattern of criminal behaviour. However, the court observed that the sentences imposed in the Magistrates’ Court had now been fully served by the appellant. The court considered the appellant's remorse, the impact of the offences on the victims, and the need for general deterrence. The court concluded that while the original sentence was within the statutory limits, it was not sufficiently severe to reflect the seriousness of the crimes, particularly in light of the appellant's prior criminal conduct.
Consequently, the court allowed the appeal and re-sentenced the appellant to a total effective sentence of 2 years and 10 months’ imprisonment with a non-parole period of 20 months. The court clarified that the non-parole period should commence from the date of the appeal decision, in accordance with section 16(3C) of the Sentencing Act 1991. This decision ensured that the sentence reflected the gravity of the offences and served the purposes of punishment, including deterrence and denunciation.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.