R v Loveridge (2014) – The original sentence reflected the need for retribution to ensure a

just outcome for the victim. The judge also considered aggravating factors, for example:
violent nature of the crime. He also considered mitigating factors, such as the offender’s
disadvantaged background and his remorse

However, on appeal, the sentence was doubled to a non-parole period of 10 years. This has
been described as “trial by media” (Thomas Kelly death was never murder SMH 2014)

Legal issue to explore: The above case highlights the controversy surrounding Victim Impact
Statements as the legal system must attempt to balance a consideration of the impact on
the victim with a just outcome for the accused

SUPPORTING CASE

HOPLEY, Clint - CCA, 15.5.2008

Beazley JA, Johnson & McCallum JJ
Citation:Hopley v R [2008] NSWCCA 105
Sentence appeal.
Manslaughter.
5y with a NPP of 3y.
After an evening spent at a hotel, the applicant punched the victim twice before
departing in a taxi, leaving the victim dying on the ground.
Whether sentence manifestly excessive - whether error in finding of fact made
concerning offence in aftermath of verdict of jury - whether error in approach taken with
respect to hardship to applicant's son.
Appeal dismissed.