Murekezi v The King

[2026] VSCA 93

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal law
2. › Sentence
3. › Verdins principles — limb 6 — serious risk of imprisonment having significant adverse effect on mental health — whether enlivened — whether error material where sentence does not return offender to custody
1. Criminal law
2. › Sentence
3. › Mental illness — schizophrenia — schizoaffective disorder — impaired mental functioning at time of offending — Verdins limbs 1–5 engaged — limb 6 not enlivened
1. Criminal law
2. › Sentence
3. › Objective gravity — characterisation of offending as serious — whether specific error — complaint as to weight — to be treated as particular of manifest excess ground
1. Criminal law
2. › Sentence
3. › Manifest excess — aggravated burglary — recklessly causing injury — aggregate sentence — pre-sentence detention declared — community correction order — whether sentence within range

Quick Take

The Court of Appeal held that a complaint about a sentencing judge's characterisation of offending seriousness (e.g. describing offences as 'serious examples of serious offences') is a complaint about weight, not specific error, and can only be considered under the manifest excess ground, following Alexander. On Verdins principle 6, the Court found it arguable that the sentencing judge erred in concluding the psychiatric evidence did not support the principle's engagement, but held that any such error was immaterial because the sentence imposed did not require the applicant's return to custody, thereby ameliorating the prospective risk. The Court left open whether Verdins principle 6 is necessarily a forward-looking or prospective exercise. The aggregate sentence of 198 days' imprisonment (wholly served as pre-sentence detention) with a 3-year CCO for aggravated burglary and recklessly causing injury was held not manifestly excessive given the high objective gravity of the offending, notwithstanding compelling mitigatory factors including youth, mental illness, early plea and limited criminal history.