12 Jan 2021
The 20-month sentence was not manifestly excessive because the offender engaged in prolonged, repeated and serious intimidation by threatening to disclose intimate images; the guilty plea and cooperation were appropriately reflected in the one-third reduction and no further mitigation was available.
13 Apr 2018
Trial judge's careful acceptance of the complainant's evidence and finding that the defendant's messages, photos and letters constituted threats supporting extortion was reasonable; conviction is safe and the 18-month immediate custodial sentence is not manifestly excessive given the use of intimate images to intimidate and need for deterrence.
2 May 2012
The judge found that, on the totality of evidence including prior mutual hostility, the presence of other passengers and the surrounding circumstances, the prosecution had not proved beyond reasonable doubt that the appellant intended by his words to cause the complainant to fear immediate violence; therefore the conviction was unsafe and was quashed.
9 Aug 2001
The magistrate adequately considered the surrounding circumstances and the effect on a person of ordinary firmness and properly found the words were not mere 'wild and whirling' exclamations but deliberate threats intended to alarm; given the organised bullying, prior convictions and the nature of the offence the six month sentences were not manifestly excessive, so both appeals are dismissed.
16 May 2001
Where threats to disclose sensitive personal information are made with an intention that a reasonable trier of fact can infer is criminal, and where publication coupled with supporting documents could injure reputation and cause fear, such conduct constitutes criminal intimidation; the magistrate's acceptance of the complainant's evidence and consideration of exhibits was proper and the convictions stand.
6 Jan 1995
The trial judge's adverse credibility findings were entitled to deference; the evidence established the applicant was a party to the threats and the conviction was safe; the sentence of 18 months was within the judge's discretion and not excessive.