6 Apr 2022
Leave to appeal was declined because the proposed more tolerant regime was not enacted or in force and courts must not adjourn sentencing solely to await possible legislative repeal; the sentencing judge acted within discretion under s167 and no appellate error was shown.
2 Feb 2022
Although the three-strikes regime required a 14-year sentence, the court found that ordering the sentence to be served without parole would be grossly disproportionate given the offender's youth, rehabilitative prospects, remorse, and the notional sentence that would have been imposed but for the regime (notional end sentence six years with a 2 year 5 month minimum). The manifest injustice exception therefore applied and no order was made to deny parole.