30 Nov 2022
s 52A of the Land Transport Act must be read as applying only to convictions under that subsection after the amendment; pre-amendment convictions cannot be counted to make the offence a third or subsequent offence, therefore the mandatory two year disqualification imposed by the District Court was imposed in error and must be quashed and substituted with a conviction and discharge.
21 Apr 2022
The Court allowed the appeal, holding the 10% cultural discount was not inadequate but the nine month uplift for the appellant's prior non‑custodial sentences and being on bail was disproportionate and amounted to double punishment; accordingly the sentence of nine years and six months was set aside and substituted with nine years' imprisonment on the rape charge.
17 Apr 2019
The imposition of IPA status on the plaintiff in these facts was ultra vires because it imposed an additional punishment beyond the five days off privileges penalty for the same PIN swapping offence, contravening the prohibition on double punishment in Schedule 7 cl 49 of the Corrections Regulations 2005; the Court limited its ruling to the applicant's case and did not decide the lawfulness of the IPA Regime per se because legality depends on individual circumstances and concrete facts.
12 Mar 2019
Judge erred by not granting a discount for time spent on recall; to avoid manifest excess and given mutual misunderstanding at the sentence indication, a full discount of 17 months was appropriate; substituted sentence imposed of two years and two months' imprisonment (replacing three years seven months).
10 Feb 2017
The two-month uplift targeting a subsequent $200 EBA infringement was an error of principle because it treated a fine-only infringement as a discrete aggravating factor; however, the end sentence of six months' imprisonment was within the available range and not manifestly excessive, so the appeal is dismissed.