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Media Release - 30 July 2008 - Donna Fitchett

The Victorian Director of Public Prosecutions, Mr. Jeremy Rapke QC, today confirmed that he has filed an appeal in the Victorian Court of Appeal against the manifest inadequacy of the sentence imposed on Donna Fitchett by Justice Nettle in the Victorian Supreme Court on 18 July 2008.

After a jury trial, Fitchett was convicted of having murdered her two sons, Thomas (aged 11 years) and Matthew (aged 9 years).

Justice Nettle sentenced Fitchett to a Hospital Security Order of 24 years duration, and set a non-parole period of 18 years.

In announcing his decision to appeal the sentence, Mr. Rapke said: "After careful consideration, I have reached the view that the sentences passed and orders made in this matter do not sufficiently reflect the seriousness of the offences, and may also indicate that inappropriate or excessive weight was given by Justice Nettle to certain material put to the Court on Fitchett’s behalf during the plea in mitigation. As the appeal has now been filed, it is inappropriate to say more about the matter at this stage."

Any queries should be directed to the Office of Public Prosecutions Media Liaison Unit.