Milgate v R; Milgate v R [2019] NSWDC 808

Milgate v R; Milgate v R [2019] NSWDC 808

Given the objective seriousness of the offences and the need for general deterrence in alcohol-fuelled public violence, despite the youth and limited criminal history of the appellants, no lesser sentence than full-time imprisonment was appropriate. The sentences imposed by the Local Court were within the proper exercise of discretion.

Parties
Appellant: Blake Milgate; Appellant: Mitchell Milgate; Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence From Local Court to District Court
Outcome
Appeals dismissed; sentences affirmed.
Legal Topics
Appeal From Local Court, Sentencing, Affray, Assault Occasioning Actual Bodily Harm, Alcohol Fuelled Violence
Criminal Law Appeal From Local Court Sentencing Affray Assault Occasioning Actual Bodily Harm Alcohol Fuelled Violence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Blake Milgate

Appellant

Mitchell Milgate

Appellant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence From Local Court to District Court

Legal Issues

  1. 1 Whether sentence imposed by Local Court was manifestly excessive or inappropriate given the objective and subjective circumstances
  2. 2 Appropriate factors for sentencing young adult offenders for serious violent offences

Ratio Decidendi

Given the objective seriousness of the offences and the need for general deterrence in alcohol-fuelled public violence, despite the youth and limited criminal history of the appellants, no lesser sentence than full-time imprisonment was appropriate. The sentences imposed by the Local Court were within the proper exercise of discretion.

Court Disposition

Appeals dismissed; sentences affirmed.

Orders

  • Appeals dismissed.
  • Blake Milgate sentenced to 18 months imprisonment commencing 29 November 2019, expiring 28 May 2021, with a non-parole period of 12 months expiring 28 November 2020.