6 Jul 2022
The Court granted the recall because Corrections' administrative error caused the applicant to serve four weeks of home detention after bail had been granted and after the appeal was heard, creating a material injustice; accordingly the Court recalled its prior judgment and reduced the substituted community work from 250 hours to 100 hours while leaving the 12 months' supervision intact.
30 Jul 2020
The High Court held the offending was moderately serious domestic violence involving sustained assault and hands around the victim's neck; the direct and indirect consequences of conviction (including employment effects) were natural and not out of all proportion to the gravity of the offending; the psychotherapist report lacked sufficient corroboration to establish causal mitigation; additional affidavits were not fresh or cogent; and the 200 hours' community work and $1,000 reparation were not manifestly excessive, therefore the appeal was dismissed.
4 May 2020
The Court concluded the District Court properly considered the appellant's mental health and personal circumstances, found that some personal responsibility remained despite mental illness, and determined that 100 hours' community work was within the legitimate sentencing range for the offending; any over-emphasis on general deterrence did not render the overall sentence manifestly excessive and the appeal was dismissed.
10 Dec 2019
The High Court concluded the trial judge's factual findings were open on the evidence of the two constables and Mr Dixon, the appellant failed to demonstrate a miscarriage of justice or error in sentence, the arrest was not unlawful on the material, no relevant CCTV existed and any disclosure deficiency caused no prejudice; accordingly the appeals against conviction and sentence were dismissed.
2 Oct 2019
The sentence was within the available range and not manifestly excessive given the nature of the offending (receipt to fund drug habit, possession of methamphetamine utensil), the appellant's criminal history, and the sentencing judge's balancing of community protection and rehabilitation; the appellant abandoned his conviction appeal so only the sentence appeal remained and that was dismissed.
5 Feb 2019
The 100 hour community work sentence for receiving a single low-value item was manifestly excessive; the appropriate sentence for that charge is 60 hours, and the aggregate sentence is 100 hours.
6 Jul 2017
Appellate court upheld both convictions because District Court judges permissibly preferred the complainant and constable evidence, found no credible subjective belief by appellant that his partner was about to be run over and, even if such belief existed, the force used was objectively unreasonable so s 48 failed; words used to the constable met the statutory test for intimidation and mens rea was proven; sentence for intimidation was manifestly excessive relative to circumstances and was reduced from 100 to 40 hours community work while assault sentence (80 hours) was affirmed.
1 Aug 2016
Defendant deliberately and knowingly defied a clear court order and compounded the contempt by lying to the Court; deterrence and accountability require penalty. Given defendant's assets and incomplete mitigation, justice required a modest fine combined with community work and indemnity costs: fine $5,000 (with $3,000 to plaintiff), 120 hours community work, and indemnity costs of $17,500.