29 Sept 2022
The Court held the abandonment was not informed because trial counsel gave incorrect legal advice about the value of a s 27 report and the prospects of appeal, and exceptional circumstances existed because relevant personal background was not properly considered at sentence; a provisional assessment showed the appeal had some prospects of success, so leave to withdraw the notice of abandonment was granted.
29 Aug 2022
The District Court Judge did not err in having regard to the earlier sentencing indication; the adopted starting point for the loaded firearm was within the established range of authority and, after applying the relevant uplifts and generous discounts (including guilty plea and s 27 considerations) and allowing for home detention possibility, the end sentence of 21 months imprisonment was not manifestly excessive; the appeal is dismissed.
26 Oct 2021
The Court held the District Court's starting point of 10 years and the one-year uplift were within the available range and not manifestly excessive; the s 27 report was not cogent evidence of diminished culpability or addiction and therefore was not admitted as fresh evidence; extension of time to appeal was granted but the appeal was dismissed.