15 Jul 2021
The High Court concluded the sentencing Judge did consider alternatives including home detention and did not err in declining it; given the seriousness and repetition of firearms offending, the ineffectiveness of prior community sentences, and the risk to the family violence victim at the proposed home detention address, imprisonment was the only appropriate sentence and the appeal was dismissed.
20 Aug 2019
The sentencing Judge properly balanced the applicant's personal circumstances against the seriousness of repeated dishonesty offences, prior failure to comply with community supervision, and offending while on bail, and concluded imprisonment was necessary and the least restrictive appropriate outcome; appellate deference to the sentencing Judge's assessment was warranted where the dividing line between home detention and imprisonment was close, therefore there was no error requiring substitution of a home detention sentence.
29 Jun 2018
Given the appellant's prolonged, deliberate and repeated non‑compliance with community work and other sentences, the Judge acted within discretion in using a three month starting point, substituting three months for outstanding community work and declining home detention because a less restrictive sanction would not meet deterrence and accountability; appeal dismissed.
11 Oct 2016
The sentence of eight weeks imprisonment was not manifestly excessive given the appellant's persistent failure to comply, minimal completion of community work, previous breaches and the need for denunciation and deterrence; however, on review under s 68(3) Sentencing Act 2002 the outstanding community work sentence was cancelled because supervision and standard/special release conditions provided a suitable framework for a fresh start and no replacement sentence was necessary.