12 Nov 2019
The non-association special condition was rationally connected to the statutory purposes in s 80D(2), was necessary because standard conditions were inadequate given the real risk of reoffending against the same victim, and its limitation on freedom of association was justified; accordingly the sentence was not manifestly excessive and the appeal is dismissed.
27 Sept 2019
The Court concluded the 21 month prison sentence was excessive in the circumstances and that an eight month home detention order with specified standard and special conditions better served the purposes of sentencing, including rehabilitation and protection, and therefore substituted that sentence for imprisonment.
12 Apr 2019
The non-association and GPS monitoring conditions lacked the required rational nexus to the precise criminality underlying the index offending and were not justified by s93(3); consequently those two conditions were set aside, while the term of three months' imprisonment and the remaining special conditions were upheld as not manifestly excessive or unjustified.