12 Apr 2023
Leave to bring a second appeal was granted because there was an arguable miscarriage of justice: it was reasonably arguable that a greater guilty plea discount was available given COVID-related delays and disclosure failures, and that an objectively verifiable 10 months on EM bail had not been credited, such that the end sentence may be manifestly excessive; the matter merits urgent oral hearing.
1 Dec 2022
Aggregate methamphetamine offending quantified at a minimum of 1.633 kg placed principal offender in Zhang band 4 with a 14-year lead starting point; role, additional conspiracy and cocaine matters produced uplifts to a global starting point of 18.5 years for Fakaosilea, adjusted down for personal circumstances, guilty pleas, EM bail credits and a 5% bail uplift to yield final concurrent sentences (Fakaosilea 13 years 2 months; Pelikani 4 years 11 months; Katoa 4 years 9 months; Mataia 5 years 3 months) and no MPI imposed.
11 Nov 2022
The Court held the District Court was entitled to adopt an adjusted starting point of six years (5.5 years for aggravated robbery uplifted for related assault) but that greater credit for guilty pleas was justified given the Crown's late amendment of the assault charge and clarification of factual disputes; a 20% guilty plea discount (not the full 25%) was appropriate. After recalculating discounts for youth, cultural factors, remorse and rehabilitation and applying specified EM bail credits, the Court allowed the appeal in part and substituted reduced custodial terms for both appellants.
26 Jun 2019
Adopt a global starting point of two and a half years' imprisonment for the combined offending; apply two months' credit for electronically monitored bail reducing to two years and four months, then apply a full 25% guilty plea discount (accepted at first reasonable opportunity) yielding a final sentence of 21 months' imprisonment; six months for misconduct in respect of human remains to be served concurrently; home detention rejected as unsuitable due to lack of engagement with rehabilitation and reliability concerns.
20 Mar 2018
The District Court starting point of two years seven months was slightly high; an appropriate starting point is two years four months. Adjustments made by the District Court were largely appropriate (one month EM bail credit, other uplifts and discounts), but the High Court allowed a further two‑month reduction recognising demonstrable prospects of rehabilitation identified in the s 38 psychiatric report. The appeal is allowed in part and the sentence is reduced to 22 months' imprisonment; leave is granted under s 80I to apply for substitution by home detention if a suitable residence becomes…
29 Jun 2016
The High Court held the sentence of two and a half years' imprisonment was not manifestly excessive: the Judge's starting point, minimal uplift for prior methamphetamine convictions, and discounts for personal mitigation and guilty plea were within sentencing discretion; any apparent disparity with McArthur was removed by the Solicitor-General's successful appeal increasing McArthur's sentence.