November 26, 2019 18:04:39
Victoria’s Director of Public Prosecutions (DPP) has launched an appeal against the 36-year jail term given to Codey Herrmann over the rape and murder of Arab-Israeli student Aiia Maasarwe earlier this year.
- Kerri Judd QC argued the sentencing judge gave too much attention to the killer’s mental health
- In sentencing, Justice Elizabeth Hollingworth acknowledged Herrmann’s life of “extreme physical and emotional deprivation”
- A date for the appeal application has not been set
Kerri Judd QC announced the appeal on the ground that the sentence was “manifestly inadequate”.
Herrmann was given a non-parole period of 30 years for attacking Ms Maasarwe as she was walking home from a tram in Bundoora just after midnight on January 16.
He beat Ms Maasarwe with a pipe and dragged her behind some bushes before raping and murdering her.
He then set fire to parts of her body.
Ms Judd said the sentencing judge gave too much attention to Herrmann’s mental health.
“The learned sentencing judge erred by finding that Verdins principles operated to reduce the respondent’s moral culpability and the need for general and specific deterrence,” she said in a statement.
Verdins principles take into consideration mental impairment suffered by an accused person at the time of an offence.
During the plea hearing, Herrmann’s lawyers outlined his extreme disadvantage and disconnection to society, referring to a severe personality disorder which was connected to his upbringing.
In her sentencing, Justice Elizabeth Hollingworth acknowledged that Herrmann, who had an Aboriginal mother and German father, spent the first years of his life in an environment of “extreme physical and emotional deprivation”.
His lawyer had told the court that life in jail was better than living on the streets, Justice Hollingworth said in her sentencing remarks.
The court heard Herrmann, 21, had no explanation for the crime and could not remember the hours before the attack.
A date for the appeal application has not been set.
Ms Maasarwe, 21, was on a year-long exchange from her university in Shanghai when she was killed.
Her father Saeed Maasarwe and sister Noor Maasarwe were in Melbourne to witness the sentencing in October.
Mr Maasarwe said his family was not focused on revenge on his daughter’s killer.
He said he remembered his daughter as someone who was happy, positive and “liked to help anyone”.
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November 26, 2019 17:17:46