Green v The Queen

[2011] VSCA 236

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Sentence
3. › Non-parole period
4. › Ratio of non-parole period to head sentence
5. › Whether non-parole period of 71% of head sentence manifestly excessive
6. › Whether ratio invites appellate scrutiny
1. Criminal Law
2. › Sentence
3. › Armed robbery
4. › Use of firearm
5. › Shot fired during robbery
6. › Appropriate sentencing range
1. Criminal Law
2. › Appeal
3. › Sentence appeal
4. › Manifestly excessive
5. › Non-parole period
6. › No error demonstrated

Quick Take

A non-parole period representing approximately 71% of the head sentence does not invite appellate scrutiny. The threshold at which the absence of an explanation may invite scrutiny is where the ratio exceeds 75%, though even exceeding that threshold does not inevitably establish error given there is no set formula for fixing non-parole periods.