9 Nov 2022
The District Court erred in failing to make any allowance for the 31 days spent in custody prior to EM bail when converting an 18.5 month imprisonment starting point to home detention; that error was material and justified quashing the original home detention sentence and substituting a reduced term of home detention of eight months and one week, leaving other orders intact.
28 Jul 2021
The High Court held that EM bail credit should be taken into account when fixing the appropriate sentence length, and that remand custody credit is to be given as time already served with full equivalence when converting an imprisonment term to home detention; applying that approach and allowing appropriate credit for four months EM bail and three months remand resulted in the District Court sentence being quashed and replaced with five months home detention.
2 Jun 2016
The Court held the District Court judge's nine-year starting point and resulting eight-year sentence were within the available range given the home invasion, actual violence and a significant period of detention; the judge properly limited the youth discount because of the appellant's prior convictions; no additional credit for a brief period on electronically-monitored bail was required; and the least restrictive outcome was considered but did not justify a lower sentence.