Shalders v The Queen

In the matter of Shalders v The Queen, the appellant, Shalders, sought leave to appeal against his sentence imposed by the Supreme Court of Victoria. The appellant was found guilty of armed robbery, attempted armed robbery, theft, possessing an imitation firearm while being a prohibited person, and committing an indictable offence while on bail. The court was required to decide whether the sentencing judge erred in failing to take into account the delay between the offending and the sentence, and whether there was a reasonable prospect that a lesser sentence would be imposed if leave to appeal was granted.

The appellant argued that the delay between the offending and sentencing was a specific error on the part of the sentencing judge, and that the delay was not inordinate but was relevantly material. However, the court found that the delay was not inordinate and not relevantly material to the sentence imposed. Furthermore, the court held that there was no reasonable prospect that a lesser sentence would be imposed if leave to appeal was granted.

The Supreme Court of Victoria found that the appellant had not demonstrated a specific error on the part of the sentencing judge in failing to take into account the delay between the offending and sentencing. The court held that the delay was not inordinate, and that it was not relevantly material to the sentence imposed. Additionally, the court found that there was no reasonable prospect that a lesser sentence would be imposed if leave to appeal was granted. Accordingly, the court refused the appellant leave to appeal against his sentence.

The final orders of the court were that leave to appeal against the sentence was refused. The appellant's total effective term of imprisonment of 5 years and 6 months, with a non-parole period of 3 years and 4 months, was upheld.