Vassiliou v The The Queen

The case of Vassiliou v The Queen involved an appeal against the sentence imposed by the Local Court. Vassiliou pleaded guilty to robbery in company. The dispute centred on the discount the sentencing judge applied for Vassiliou's assistance, and the parity of the sentence compared to that of his co-offender, his 16-year-old sister, who was sentenced in the Children’s Court. Vassiliou argued that the sentencing judge erred by not fully considering all matters set out in s 23(2) when assessing the value of his assistance and that the disparity in sentences between him and his sister gave rise to a justifiable sense of grievance.

The court examined whether the sentencing judge erred in not considering all relevant factors in s 23(2) when determining the discount for Vassiliou's assistance. Additionally, the court assessed whether the disparity between Vassiliou's sentence and his sister's sentence created a justifiable sense of grievance, even though this issue was not raised before the sentencing judge. The court also considered the significant differences between Vassiliou and his co-offender, including age and the nature of their respective roles in the crime, in evaluating the parity of their sentences.

The court concluded that the sentencing judge did not err in applying the 5% discount for Vassiliou's assistance, as the judge considered all relevant factors in accordance with s 23(2). The court further found that there was no justifiable sense of grievance arising from the disparity between the sentences. The significant differences between Vassiliou and his sister, particularly their ages and the roles they played in the crime, meant that the sentences were proportionate and appropriate. As such, the appeal was dismissed.

The court did not make any orders altering the sentence imposed on Vassiliou by the Local Court. The original sentence and the discount for assistance remained unchanged.