24 Oct 2023
The District Court's sentence is not manifestly excessive; the starting point and uplifts, including the five-month uplift for driving while disqualified and the 10% uplift for previous convictions, fell within the available range and were justified by the defendant's extensive, repetitive offending and the need for deterrence, and the mitigating discounts applied were appropriate.
21 Feb 2023
The statement of claim disclosed no reasonably arguable cause of action and was an abuse of process; the District Court correctly applied s26(3)(a) and reasonably concluded there was insufficient evidence, on a prima facie basis, that the proposed defendant had the required intent to pervert the course of justice, so the charging document was correctly rejected and the judicial review proceeding is struck out and dismissed.
25 Nov 2021
The appeal was dismissed because the sentencing Judge properly exercised discretion by giving weight to experienced probation officers' assessments that imprisonment, not community detention, offered the appellant the best prospect of addressing her complex rehabilitative needs, and because her prior absconding from EM bail and high risk of non‑compliance made home detention at the Grace Foundation not a viable alternative even though a placement later became available.
18 Nov 2021
Court allowed the appeal, finding the trial Judge erred in understating credit for personal mitigation and EM bail; increased personal mitigation to 15% for cultural deprivation and rehabilitation, retained a 25% guilty plea discount, allowed one month credit for restrictive EM bail, producing an aggregate 40% mitigation and substituting the original 27 months and two weeks sentence with 24 months imprisonment and imposing specified post-release programmes and non-contact conditions.
12 Jun 2020
The High Court dismissed the appeal: the Judge correctly applied Zhang to set a lenient starting point, properly classified the appellant's role between lesser and significant, and adequately accounted for mitigation (addiction, EM bail, rehabilitation, guilty plea); the end sentence of two years and nine months' imprisonment was not manifestly excessive and therefore is affirmed.
5 Nov 2014
The court found all elements of malicious prosecution established: Ms Milner fabricated texts and encouraged the complaint, thereby procuring the prosecution; the proceedings terminated without incrimination; she lacked reasonable and probable cause and acted maliciously; plaintiff suffered compensable loss from 17 days incarceration and related harms; award made of $45,000 compensatory and $10,000 exemplary damages, plus costs to plaintiff on a 2B basis.