Eurydice’s ‘loathsome’ killer fails to overturn sentence
Sadistic killer Jaymes Todd has failed in his bid to reduce his life sentence for the "loathsome and cruel" rape and murder of Melbourne comedian Eurydice Dixon.
Three Court of Appeal judges this morning rejected Todd's plea for leniency and the notion he was of "good character" in upholding his minimum jail term of 35 years.
Chief Justice Anne Ferguson said life behind bars was appropriate for Todd's vile attack on Ms Dixon as she walked home through a Carlton Park in June 2018.
"A young woman should be able to walk home alone after a night out without any fear of being harmed, let along subjected to a vile sexual attack and killed," Justice Ferguson said.
Todd was sentenced in October after admitting to stalking the aspiring comedian for more than an hour though the CBD before ambushing and strangling the 22-year-old to death on a deserted cricket pitch in Princes Park shortly after midnight on June 13.
In handing down their judgement, Justice Ferguson said tragically this case shows women still do not have confidence to walk alone in public places.
"She should not have to be looking over her shoulder to see if anyone is following her,
"Her heart should not skip a beat when she hears approaching steps from behind," Justice Ferguson said.
Daniel Gurvich QC for Todd last week detailed seven reasons why his client should have his time behind bars reduced, including his youth - he was just 19-years-old at the time - his early guilty pleas and his mild Autism Spectrum Disorder.
But today the Court of Appeal found sentencing judge Justice Stephen Kaye had applied adequate weight to the various mitigating facts when handing down a 35 year non-parole period.
Mr Gurvich had also argued Todd's "manifestly excessive" sentence relied too much on "preventative detention".
Todd was diagnosed with Sexual Sadism Disorder following the depraved attack.
Expert evidence at his pre-sentence hearing suggested there was no treatment for the disorder which put him at high-risk of reoffending.
In sentencing, Justice Kaye said Todd would pose an unacceptable risk to the community, particularly women, if released.
In delivering his reasons for appeal, Mr Gurvich said "no one should be punished for the potential offence they may commit in the future" and the lengthy sentence went "beyond speculation".
The Court of Appeal this morning ruled that while community protection was a relevant consideration, it was not the only one and did not overwhelm the total sentence.
Chief Justice of the Supreme Court Anne Ferguson, Justice Phillip Priest and Justice David Beach