Court sends message to violent criminals by increasing the sentence of Mongols bikie Shane Bowden
CRIMINALS involved in aggravated burglaries and home invasions can expect heavier sentences following a landmark judgment by the Court of Appeal.
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CRIMINALS involved in aggravated burglaries and home invasions can expect heavier sentences following a landmark judgment by the Court of Appeal.
Justices Chris Maxwell, Robert Redlich and Emilios Kyrou this week increased the sentence of Mongols bikie Shane Bowden, who invaded a South Yarra home last year armed with a hunting knife and wearing night goggles.
Bowden fought with the occupants before stealing $700.
“The objective gravity of Bowden’s conduct called for a sentence that would adequately denounce and deter this type of criminality and provide community protection. A sentence must be imposed which satisfies these requirements,” the Court of Appeal judgment said.
Bowden pleaded guilty to aggravated burglary, two charges of recklessly causing injury and theft. He was sentenced last year in the County Court to three years’ jail on the aggravated burglary charge.
But the Director of Public Prosecutions appealed the sentence, and the Court of Appeal increased it to four years — and said it would have increased it to six years and six months but was prevented because the sentence required parity with his co-offender, his girlfriend Aysen Unlu.
“The parity principle means that the sentence we propose is substantially less than would otherwise have been the case. As we have sought to emphasise, this is no mere technicality. Parity of treatment of co-offenders is a fundamental requirement of justice and the rule of law,” the Court of Appeal judgment said.
Unlu — also known as Janet Campbell — claims to be a model and a trainer to Hollywood stars including Beyonce. She was sentenced to an 18-month community corrections order for her role in the crime.
The Court of Appeal described the aggravated burglary offence as “dangerous, frightening, and objectively serious”.
“In (earlier) decisions, the Court stated very clearly that sentencing practice for this type of offending needed to change, so that sentences would properly reflect the gravity of the offending and the guidance provided by the maximum penalty of 25 years’ imprisonment,” the judgment said.