13 March 2019

DPP appeal leads to increase in sentence

The jail term imposed on a man for armed robbery has been increased following an appeal by the Director of Public Prosecutions (DPP).

Shane Hodgson had pleaded guilty in the County Court to one charge of armed robbery. He was sentenced to a total effective sentence of five years and five months’ imprisonment, with a non-parole period of three years and four months.

DPP Kerri Judd QC appealed the sentence to the Court of Appeal on the basis that the sentence imposed for the armed robbery charge, the total effective sentence and non-parole period were manifestly inadequate.

The Court heard Hodgson and a co-offender committed the armed robbery on the Ferntree Gully Bowling Club on 18 August, 2016.

Hodgson, then aged 22, was armed with a double-barrelled, sawn-off shotgun when he demanded money from a woman working at the club. After she initially said “no”, he pointed the gun at her chest and pulled the trigger. The gun made a clicking sound but did not fire. The offender continued to threaten her with the gun when they went into the strong-room to access money from the safes.

Hodgson was on parole for similar offending at the time of the armed robbery.

The DPP argued that the sentence was wholly inadequate given both the gravity of the offending, which was a violent armed robbery involving a firearm, and the prior offending.

The Court of Appeal today upheld the Director’s appeal and resentenced Hodgson to seven years and six months’ imprisonment, with a non-parole period of five years and six months.

For further information contact:

Anthony Loncaric

03 9603 2603