R v Mangione

[2006] VSCA 34

Victorian Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Sentencing
3. › Murder
4. › Non-parole period
5. › Whether manifestly excessive
6. › Relevance of seriousness of offence, absence of remorse, and absence of clear motive
7. › Whether non-parole period unusually long in relation to head sentence
1. Criminal Law
2. › Sentencing
3. › Non-parole period
4. › Discrete consideration of factors
5. › Whether sentencing judge required to give reasons for non-parole period
6. › Whether failure to give reasons bespeaks error
1. Criminal Law
2. › Sentencing
3. › Hardship to relatives of offender
4. › Whether hardship to offender's elderly parents constitutes exceptional circumstances warranting reduction of sentence

Quick Take

A non-parole period of 18 years within a 22-year head sentence for a brutal, premeditated murder committed without remorse or clear motive is within the relevant range. The failure of a sentencing judge to give discrete reasons for the non-parole period does not bespeak error where the period is not unusually long. Hardship to an offender's elderly parents does not constitute exceptional circumstances warranting reduction of an otherwise proper sentence.

Case Details

Citation[2006] VSCA 34

CourtVSCA

JurisdictionVictoria

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Cited by9

2022Chey (a pseudonym) v The KingVSCA 262
2020Camara v The QueenVSCA 167
2016Trinh v The QueenVSCA 307
2015Meade v The Queen; DPP v MeadeVSCA 171
and 5 more after sign-in

Relies on9

2005DPP v JosefskiVSCA 265
2005R v ThaiVSCA 283
2002R v HollandVSCA 118
2001R v RoyVSCA 61
and 5 more after sign-in

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