17 Oct 2023
The High Court held the starting point and uplifts were within range but corrected the sentencing judge's arithmetic and allowed a 2.5 month credit for EM bail compliance, reducing the substituted sentence from four years six months to four years because the original sentence was rendered manifestly excessive by the errors identified.
8 Jun 2018
Adopted a starting point of seven years and nine months' imprisonment for aggravated robbery based on the defendant's significant but subordinate role, presence of a firearm (discharged), knife, home invasion, threats and value of property taken; declined uplift for the offensive weapon charge to avoid double counting; declined uplift for prior convictions given age and lesser relevance; allowed a six month discount for genuine remorse, rehabilitation steps and supportive family; imposed final sentence of seven years three months for aggravated robbery and one year for possession of an offens…
11 Aug 2017
The Court held the jury could properly reject the appellant's account and accept the Crown's case: contemporaneous letters and telephone admissions, eyewitness testimony that the appellant used a shank to 'pop the lock', and DNA on the shank established entry without authority, possession and use of an offensive weapon, and intent to assault; implied licence did not extend to violent purposes; the proposed further evidence was neither fresh nor cogent enough to affect the verdict; leave to appeal out of time was granted but the conviction and sentence appeals were dismissed.
17 Feb 2016
On rehearing the High Court concluded the Judge's factual findings were open on the evidence: still images from the video supported the finding that the appellant threw the first punch, possession and threatening use of a baseball bat were established and unjustified, statutory defences ss53/56 did not apply because the appellant struck and used unreasonable force, and the s106/s107 threshold for discharge without conviction was not met; accordingly convictions and refusal to discharge were upheld.