Rodney Lee, 75, who murdered neighbours over a garden tap, fighting to cut 24 year sentence
An elderly man who killed two neighbours in a fit of rage over a garden tap has launched a bid to reduce his time behind bars.
South East
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An elderly Mordialloc man who shot dead two neighbours in a fit of rage over a garden tap is fighting for the chance to spend his final days a free man.
Rodney Lee, 75, was sentenced in August last year to 30 years after pleading guilty to the murder of Saumotu Gasio, 62, and Tibor Lazslo, 72, in the communal garden of their suburban unit block on January 13, 2022.
Lee killed his neighbours with a shot gun he had stashed under the bed after he “snapped” when a shared garden hose was turned off.
He will be 98 when eligible for parole.
When sentencing Lee, Justice James Elliott said he was “highly likely” to spend the rest of his days in a cell.
“You murdered two people in their places of residence, where they’re entitled to feel safe,” Justice Elliott said.
“Both victims were completely defenceless against you.”
He said while the senior citizen may “not have many years to live”, his “disproportionate, senseless and brutally violent” crime and “very limited remorse” meant his moral culpability was “high”.
But on Monday, Lee’s legal team argued in the Court of Appeal that the 24 year non-parole period was too long, given Lee’s advanced age, guilty plea and lack of prior convictions.
“To remove any hope of meaningful life after release is a very strong step for any sentence to take, sometimes it’s warranted, but it is our submission that it’s not in this case,” barrister Jack O’Connor said.
He said Lee’s non-parole period was 80 per cent of his total effective sentence, “a figure which certainly invites scrutiny”.
“That component of the sentence was beyond the available range, despite the gravity of this offending.”
Justice Terence Forrest said Lee’s age and ill health were considered when determining the original sentence, which was less than the maximum allowed.
“The standard sentence for murder is 25 years and (Lee) got 22 years on each count … three years less than the standard sentence,” he said.
“Does that invite scrutiny?”
Judge Forrest said it could not be ignored that two people had lost their lives “for no better reason that your client got his nose out of joint because a hose had been turned off”.
“I’m finding it very hard to see that there’s anything wrong with this sentence,” he said.
The court heard Lee used a wheelchair and had been diagnosed with paranoid personality disorder.
Justice Forrest asked if Lee’s cognitive function had been assessed to determine if he was suffering from dementia.
“I did wonder … where a man has got to the age of 73 without anything in the way of prior convictions and then commits such a horrible crime, if there was neurological decline or some kind of dementia,” he said.
Mr O’Connor said he had no further evidence for the court and his client’s “lack of engagement with health professionals continued”.
Justice Forrest, Justice Lesley Taylor and Justice Phillip Priest will hand down their decision at a later date.
