Jaymes Todd appeals life sentence for rape, murder of Eurydice Dixon

He admitted stalking, raping then brutally murdering Melbourne comedian Eurydice Dixon as she walked home through a park in 2018. But Jaymes Todd has urged a court to overturn his life sentence.

Lawyers for sadistic rapist and killer Jaymes Todd have argued his ‘good character’ is among a litany of reasons his time behind bars should be reduced.

Daniel Gurvich QC, for Todd, told the Court of Appeal his client’s sentence of at least 35 years’ prison for the murder of Melbourne comedian Eurydice Dixon is “manifestly excessive” and outside of the standard sentencing for the crime.

Jaymes Todd is appealing his life sentence. Picture: AAP

Mr Gurvich began the appeal hearing by acknowledging the “crimes committed (by Todd) were heinous”.

“There will be no attempts to minimise their seriousness,

“There’s no application for the exercise of mercy and we accept the enormity of the crimes,” Mr Gurvich said.

He said he agreed Todd’s depraved rape and murder of Ms Dixon in a Carlton park warranted both a long head sentence and non-parole period, but the sentenced handed down was “not warranted”.

Todd’s legal team pointed to eight mitigating factors which should have seen his total length of sentence reduced.

Mr Gurvich told the court he was not suggesting these factors were ‘overlooked’ by sentencing judge Justice Stephen Kaye, but that they were not given relevant weight.

In handing down his sentence in October, Justice Kaye said protecting the community was a key factor in his decision, in particular the lack of treatment available for Todd’s diagnosed

Todd claims his sentence for killing Dixon should be reduced because he’s never committed a crime before.

Sexual Sadism Disorder which made him highly likely to reoffend.

Mr Gurvich said it was “sheer speculation” treatment would not become available in the future.

“While the risk of reoffending was undoubtedly a relevant factor, (the sentence) was so long ... it took it beyond speculation,” he said.

Lawyers for Todd said Justice Kaye had overly relied on “preventive detention” for handing down a life sentence and lengthy non-parole period.

“No one should be punished for the potential offence they may commit in the future,” Mr Gurvich said.

But crown prosecutor Brendan Kissane QC said Todd’s grave offending was the reason for such severe punishment, not simply protecting the community.

“At the end of the day, it was the nature of the offending that led (Justice Kaye) to impose a life sentence.”

“Not some principal of preventative detention,” Mr Kissane said.

Mr Kissane told the appeal hearing before a full bench it could not be suggested the Justice Kaye had “elevated” protection of the community in his sentencing factors.

Nor did his honour allow the “gravity of the offending to overwhelm” his sentencing task, because he did impose a non-parole period, Mr Kissane said.

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Mr Kissane said while prosecutors had not pushed for a life sentence at Todd’s plea hearing last year, Justice Kaye was open to impose one and was not wrong to do so.

“It doesn’t matter what the Crown’s position was,” he said.

“What matters now is - was the sentence of life imprisonment manifestly excessive?”

Mr Kissane argued it was not too harsh and entirely appropriate.

Chief Justice of the Supreme Court Anne Ferguson, Justice Phillip Priest and Justice David Beach will hand down their judgement on March 12.