23 Oct 2024
Leave to appeal against sentence was granted because it was reasonably arguable that the 26‑month sentence was manifestly excessive and that the 3‑month enhancement for Form 8 recognizance status may not have been justified, thereby warranting full appellate consideration.
23 Nov 2020
Leave to appeal was granted only on the ground that the judge's response to the jury's question may have inadequately guided them on assessing credibility (Ground 2) and on the general safety ground (Ground 5); all other grounds including fresh evidence (media and DNA), replay of VRI, sentence and the confiscation order were not reasonably arguable because the new material was inconclusive, the judge properly applied legal principles, and the confiscation was supportable on the balance of probabilities given the proven factual matrix and rejection of the applicant's explanations.
19 Mar 2013
For this factual matrix the appropriate starting point was 12 months imprisonment, a limited enhancement of 3 months was justified by the offender's history (to 15 months), and after applying a one‑third discount for the guilty plea the proper sentence is 10 months imprisonment; the trial judge erred by failing to identify a starting point and by imposing a manifestly excessive sentence which was quashed and substituted.
26 Mar 1998
Where a prior conviction was obtained under the current prosecution policy it may be used to justify an enhanced sentence; where the prior conviction arose from proceedings that would not have been brought under the current prosecution policy it should not be relied upon for enhancement.