| SUPREME COURT OF VICTORIA COURT OF APPEAL |
| S EAPCR 2024 0235 |
| AIDAN THOMSON | Applicant |
| v | |
| THE KING | Respondent |
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| JUDGES: | LYONS and T FORREST JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 7 May 2025 |
| DATE OF JUDGMENT: | 23 May 2025 |
| MEDIUM NEUTRAL CITATION: | [2025] VSCA 111 |
| JUDGMENT APPEALED FROM: | [2024] VCC 1813 (Judge Mullaly) |
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CRIMINAL LAW – Appeal – Sentence – Multiple charges of aggravated burglary, theft of motor vehicles and related dishonesty offences – 17 prior aggravated burglaries – Total effective sentence of 4 years and 4 months’ imprisonment – Non‑parole period of 2 years – Whether Director of Public Prosecutions v Ristic [2024] VSCA 251 correctly applied – Whether sentence manifestly excessive – No error of law in judge’s decision – Judge appropriately considered unique circumstances – Applicant’s numerous failed attempts to rehabilitate – Very serious offending – Re‑traumatised same victims – Sentence well within range – Proposed grounds have no merit – Leave to appeal refused.
Director of Public Prosecutions v Ristic [2024] VSCA 251, discussed.
Clarkson v The Queen (2011) 32 VR 361; Karam v The King [2024] VSCA 164; Lai v The King [2023] VSCA 151, considered.
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| Counsel | |||
| Applicant: | Mr R Bhattacharya | ||
| Respondent: | Mr R Gibson KC | ||
Solicitors | |||
| Applicant: | Greg Thomas Barrister & Solicitor | ||
| Respondent: | Ms A Hogan, Solicitor for the Office of Public Prosecutions | ||
LYONS JA
T FORREST JA:
On 13 November 2024, the applicant pleaded guilty to sixteen indictable and one summary offence. Following a plea in mitigation, the applicant was sentenced on that day as follows:
| Charge on Indictment | Offence | Max Penalty | Sentence | Cumulation |
| 1 | Theft of motor vehicle[1] | 10 years | 12 months | 1 month |
| 2 | Theft of motor vehicle | 10 years | 12 months | 1 month |
| 3 | Aggravated burglary[2] | 25 years | 28 months | Base |
| 4 | Theft of motor vehicle | 10 years | 12 months | 1 month |
| 5 | Burglary[3] | 10 years | 24 months | 12 months |
| 6 | Theft[4] | 10 years | 3 months | N/A |
| 7 | Theft | 10 years | 1 month | N/A |
| 8 | Obtain financial advantage by deception[5] | 10 years | 1 month | N/A |
| 9 | Theft of motor vehicle | 10 years | 9 months | 1 month |
| 10 | Theft of motor vehicle | 10 years | 18 months | 6 months |
| 11 | Theft of motor vehicle | 10 years | 12 months | 1 month |
| 12 | Theft of motor vehicle | 10 years | 12 months | 1 month |
| 13 | Handling stolen goods[6] | 15 years | 1 month | N/A |
| 14 | Possess drug of dependence[7] | 30 penalty units and/or 1 year imprisonment | $100 fine | Aggregate fine |
| 15 | Possess drug of dependence | 30 penalty units and/or 1 year imprisonment | $100 fine | Aggregate fine |
| 16 | Possess drug of dependence | 30 penalty units and/or 1 year imprisonment | $100 fine | Aggregate fine |
| Related Summary Offences | ||||
| 8 | Trespass[8] | 25 penalty units or 6 months | 1 month | N/A |
| Total effective sentence: | 4 years and 4 months’ imprisonment | |||
| Non-parole period: | 2 years’ imprisonment | |||
| Pre-sentence detention declared: | 498 days | |||
| Section 6AAA Statement: | 6 years’ imprisonment with a non‑parole period of 4 years | |||
| Other Relevant Orders: 1. Charges 1, 2, 4, 9, 10, 11,… | ||||
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- AGLC
- Thomson v The King [2025] VSCA 111
- Case
- [2025] VSCA 111
- Decision Date
CaseChat Overview and Summary
The Court of Appeal addressed the applicant's contention that the primary judge did not correctly apply the principles from Director of Public Prosecutions v Ristic. The Court found that the primary judge had correctly applied the relevant legal principles, and there was no error in the judge’s decision. The judge had appropriately considered the unique circumstances of the case, including Thomson’s numerous failed attempts at rehabilitation and the very serious nature of his offending, which involved re-traumatising the same victims. The Court also held that the sentence was well within the appropriate range for such offences.
Given the considerations above, the Court found that the proposed grounds for appeal had no merit. The sentence was not manifestly excessive, and the primary judge had exercised sound judicial discretion in determining the appropriate term of imprisonment and non-parole period. The Court therefore refused the applicant leave to appeal.
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