16 Nov 2021
Even assuming a restorative justice conference would have occurred and reduced the gravity to low, the identified consequences of conviction were not out of all proportion to the offending; therefore a discharge without conviction was not justified and the appeal is dismissed.
16 Jul 2020
The appeal was dismissed because the sentence of 25.5 months was within the appropriate range, uplifts for prior offending and offending on bail were justified, the 270 days spent in custody constituted pre-sentence detention and could not be credited, the applicant declined the rehabilitative opportunity that could have reduced the sentence further, restorative justice and a cultural report were not shown to be available or sought, pre-sentence reports existed, and the sentence represented the least restrictive outcome in the circumstances.