Joshua Rozynski appeals 24-year sentence for Daniel Eagle’s murder

A murderer who was jailed for 24 years after he gunned down a family rival following a car chase through Geelong’s northern suburbs has lodged an appeal against his sentence.

Joshua Rozynski (left) murdered Daniel Eagle (right) in 2021.

A murderer jailed for the point-blank shooting death of a family rival following a car chase has appealed his sentence.

Joshua Rozynski, 31, pleaded guilty in the Supreme Court in October 2023 to murdering Daniel Eagle amid an escalating feud that spilled onto the streets of Geelong’s northern suburbs in March 2021.

Emergency services at the scene of the murder. Picture: Ian Currie

Rozynski got into a Toyota LandCruiser and chased Eagle, who was in a Ford Territory, after shots were fired at his step-father’s home.

The car chase ended when the Territory crashed into a postal van and Rozynski shot Eagle dead.

He was jailed for a minimum of 17 years, and a maximum of 24, by Justice John Champion in December 2023.

His plea had followed a sentence indication that he would receive no more than 25 years jail.

On Tuesday, Rozynski appealed that sentence in a hearing before Court of Appeal Justices Phillip Priest, Lesley Taylor and Christopher Boyce.

Rozynski’s appeal was based on two grounds.

The first that Justice Champion erred in his application of the Bugmy principles by moderating the weight given to Rozynski’s deprived upbringing.

The Bugmy principles are sentencing considerations stemming from a High Court judgement in 2013, regarding an offender’s adverse background.

The second was that the sentence was manifestly excessive.

In his sentencing remarks, Justice Champion “qualified” the application of Bugmy principles, noting Rozynski had pulled himsef out of his disadvantaged circumstances to become a “functioning member of society”, with a job, a family and little contact with the justice system.

“(These matters) reduce the impact of the submission that your upbringing has indelibly shaped your life, personality and responses,” Justice Champion told Rozynski in 2023.

On Tuesday, Rozynski’s lawyer, barrister Sam Tovey argued it “was not open” to Justice Champion to qualify an expert psychologist’s opinion that Rozynski’s upbringing had a profound and enduring impact on him.

“It wasn’t open for his honour to act as he has, which is contrary to the opinion of (the psychologist),” Mr Tovey said.

Crown prosecutor Jeremy McWilliams argued Justice Champion did not make an error of principle, and that the application of Bugmy was a question of weight.

Mr McWilliams said acknowledging that Rozynski had improved his circumstances and shed much the “the mark” of his deprived upbringing was a “necessary” element.

“That was evidence in the case, that was part of the matrix of facts before his honour,” Mr McWilliams said.

“His honour hasn’t failed to have regard to the evidence or acted contrary to it.”

Mr McWilliams characterised Rozynski’s case as necessitating the “quarantine” of parts of the evidence, describing it as a “contrivance”.

He noted it was a serious example of murder, being a “public street shotgun execution” that was “more at home in a Hollywood movie” and argued Rozynski’s sentence could “quite comfortably” have been higher.

On the question of the sentence being manifestly excessive, Mr McWilliam said it was “hard to see” how it could be reduced “in any meaningful way”.

The Justices reserved their decision to a later date.

Originally published as Joshua Rozynski appeals 24-year sentence for Daniel Eagle’s murder