28 May 2019
The High Court held the six month starting point for the indecent exposure was within the available range but the cumulative uplifts applied by the District Court were excessive; a single one month uplift for prior and bail offending was proportionate and, after applying a 15% guilty plea discount rounded to one month, the appropriate substituted total sentence is six months' imprisonment.
28 May 2019
The appeal was dismissed because the sentencing Judge's starting point and final sentence fell within the available range informed by authorities on multiple EBA offending; the pre-sentence report was not shown to be inaccurate or determinative of sentencing error; the alcohol interlock ground was abandoned and in any event inapplicable; the guilty plea discount applied was generous, and no intrinsic error in the exercise of sentencing discretion was demonstrated.
14 May 2019
The trial Judge's factual findings and inferences were reasonable: the defendant was linked to the scene by proximity of arrest, directing police to the bench and matching description; the Judge implicitly rejected the defendant's explanation; it was reasonable to infer masturbation from the observed movements and that such conduct was indecent in public; no miscarriage of justice occurred and the conviction stands.