The Victorian Court of Appeal refused an extension of time to appeal a total effective sentence of 5 years and 6 months' imprisonment for aggravated burglary and theft arising from a staged armed robbery of $321,990, holding the proposed manifest excess ground had no real prospect of success. The Court confirmed that the sentencing judge appropriately weighed the guilty plea, Verdins mental health considerations (limbs 1, 3, 5 and 6), and the applicant's significant criminal history including offending while on a community corrections order. The Court reiterated that a s 6AAA statement is the product of an artificial exercise and will rarely be indicative of error, and that comparable sentencing cases are not precedents but at best limited yardsticks, particularly where distinguishing features such as absence of prior convictions and COVID-19 custody conditions explained lower sentences in the comparator cases.
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