A man who was high on ice when he murdered a Melbourne jewellery store owner is appealing part of his sentence for related crimes, saying it is unjustly harsh.
Gavin Perry was on parole in July 2013 when he stabbed and killed Dermot O'Toole during an armed robbery at his Hastings jewellery shop, the Jewel Shed.
He also attacked Mr O'Toole's wife Bridget.
Perry was sentenced to 20 years in jail for killing Mr O'Toole, Victoria's highest statutory murder penalty.
He received an extra two years for intentionally causing serious injury and two and a half years each for two armed robbery charges.
Justice Elizabeth Hollingworth ordered Perry to serve at least 23 years of the 27-year sentence before he is eligible for parole, and that he also serve the remainder of his original sentence, for which he was on parole.
But the Office of Public Prosecutions has appealed, saying the murder sentence is manifestly inadequate.
Chief Crown prosecutor Gavin Silbert, QC, said in a submission to the Court of Appeal that Justice Hollingworth "failed to sufficiently punish (Perry)".
He said the O'Tooles, both in their 60s, were no physical match for Perry, whose actions were "fast, frenzied and consistent with a person on ice".
Perry's lawyers say the murder penalty is "undoubtedly stern" and are appealing the additional five years for the armed robbery convictions.
"Apart from being out on parole for five months, Mr Perry is facing somewhere near a consecutive 33-year imprisonment, excessively more than his offending warrants," a submission by his lawyer Julian McMahon says.
The matter came before the Court of Appeal on Monday.
Three appeal justices will now have to determine whether Justice Hollingworth made an error in sentencing.
