21 Mar 2023
The Court concluded the home detention sentences were inappropriate for the offending and substituted a six month supervision sentence with specified residence and treatment conditions as the appropriate and proportionate disposition.
13 May 2022
The District Court sentence of 28 months' imprisonment was manifestly excessive; an appropriate end sentence of imprisonment was 23 months but that custodial sentence could be met by a less restrictive sentence, so the end sentence was commuted to 11 months home detention, reduced to nine months taking account of approximately two months custody already served; the High Court substituted the nine months home detention sentence.
14 May 2021
The cultural report established a sufficient causal nexus between the appellant's upbringing, substance abuse and the offending to justify a limited mitigation discount of 10%, but that mitigation was constrained by the appellant's multiple prior driving-related convictions and her awareness of risk; accordingly the Court allowed the appeal in part and substituted a reduced sentence of four years and one month imprisonment on the lead charge.
10 May 2019
The High Court dismissed the appeal because the District Court sentence of 180 hours community work was within an acceptable range and not manifestly excessive. The sentencing judge's comments as to addiction did not amount to an appealable error that altered the outcome; the ongoing nature of offending and re-offending while on bail justified a community work sentence and rendered a fine inappropriate. No evidential basis warranted substituting a different sentence.
12 Dec 2018
Judge Ruth's aggregate starting point of 18 months was manifestly excessive for the combined cannabis and firearms offending. Court substituted an aggregate starting point of six months for combined offending, applied a two-month uplift for extensive prior convictions, applied the two-month discount previously allowed for time on restrictive bail and health, then applied the 25% guilty plea discount to reach an end sentence of four and a half months' imprisonment. The three-month custodial time discount applied by the District Court was disallowed as contrary to Sentencing Act s82. Appeal all…