- Library Services
Director of Public Prosecutions [DPP] v Herrmann, Codey  VSCA 160
CRIMINAL LAW, WORDS AND PHRASES
Victorian Court of Appeal
Maxwell P, Kaye, Niall, T Forrest and Emerton JJA
Director of Public Prosecutions [DPP] v Herrmann, Codey
11 June 2021
CRIMINAL LAW - Appeal - Sentence - Crown appeal - Murder - Rape - Brutal and random public attack - Respondent sentenced to 36 years' imprisonment with 30 years non-parole - Whether sentence manifestly inadequate - Whether life imprisonment only sentence reasonably open - Respondent 20 at time of offending - Aboriginal heritage - Profound childhood deprivation and trauma - Personality disorder - Reduced moral culpability - Fair prospects of rehabilitation with appropriate treatment, support and supervision - Sentence within range reasonably open - Appeal dismissed - Bugmy v The Queen (2013) 249 CLR 571, R v Verdins (2007) 16 VR 269, Brown v The Queen  VSCA 212 applied - DPP v Todd  VSCA 46 distinguished - Sentencing Act 1991 ss 1(d)(iv), 5(2).
WORDS AND PHRASES - 'nature and gravity of the offence' - 'offender's culpability and degree of responsibility' - 'moral culpability'.