‘Savage’ killer Codey Herrmann’s sentence appealed
The state's top prosecutor has launched an appeal against the sentence of Aiia Maasarwe's killer.
The Director of Public Prosecutions Kerri Judd QC will argue in the Court of Appeal the 36-year sentence handed down to Codey Herrmann was "manifestly inadequate".
"The individual sentences, the total effective sentence and the non-parole period are manifestly inadequate in all the circumstances," a statement from the Office of Public Prosecutions said.
Ms Judd also claims Justice Elizabeth Hollingworth erred when finding that Herrmann's severe personality disorder fell under the Verdins principles, reducing his moral culpability and the need for general and specific deterrence.
The prosecution had argued Verdins did not apply to personality disorders, pointing to a 2015 Court of Appeal ruling which stated this.
But Justice Hollingworth determined that ruling related to a different mental impairment personality disorder to what Herrmann had.
"Some personality disorders may be capable of meeting the requirements of Verdins, while others may not," she said.
She said Herrmann's personality disorder had arisen from his deprived childhood and led to him perceiving the world in an abnormal way
Herrmann, 21, pleaded guilty to the rape and murder of Ms Maasarwe as she got off a tram and walked home in Bundoora on January 16.
Justice Hollingworth described his attack on the international student as "savage" and "unprovoked" and jailed him for 36 years, setting a non-parole period of 30 years.
The prosecution had pushed for a life term.
Following the sentence, Aiia's father Saeed pushed the government to make Melbourne safer with tougher sentencing on offenders.
"Safety is very simple," he said.
"I want to send a message: Don't let people think they can do like this, that they can take the life of another."