5 May 2021
The one year uplift for prior convictions was not disproportionate given the appellant's extensive recidivist domestic violence history; the 15% global discount for mitigating factors was within range notwithstanding arguments for a larger reduction; the end sentence of 10 years 4 months imprisonment with a 5 year MPI is not manifestly excessive and the appeal is dismissed.
30 Apr 2018
The starting point of nine months imprisonment already reflected Mr Russell's seven previous convictions for driving while disqualified, so an additional uplift for those convictions constituted impermissible double counting; further, given his history of breaching protection orders and home detention and his demonstrated defiance, home detention was not a viable option, so imprisonment was justified; the appropriate disposal is to quash the nine month sentence and impose six months two weeks imprisonment after applying the guilty plea discount.
16 May 2016
The Court held the District Court judge did not err in principle and the starting points and uplifts were within the relevant banding and proportionate to the offending; the late plea did not attract discount; extension of time to appeal was granted but the appeal against sentence was dismissed.