14 Dec 2023
The High Court dismissed the appeal, holding the sentencing Judge correctly applied the s 107 three-step test, properly weighed mitigating factors and the real and appreciable risk to the appellant's COA/employment, and that the end sentence of six months' home detention was within the permissible discretionary range and not manifestly excessive.
19 Nov 2020
The High Court held the District Court Judge committed errors of law by failing to consider material aggravating factors when assessing gravity (fire ban, proximity to vegetation, warnings from associates, defendant's pyrotechnic certification) and by accepting speculative consequences of conviction unsupported by evidence; therefore the discharge without conviction was unlawful, leave to appeal was granted, the discharge was set aside, a conviction for arson was entered and the matter remitted for sentencing.