15 Dec 2021
The High Court held the District Court's starting point and uplift were within permissible range, the uplift for the sentence breaches did not constitute impermissible double counting, the Judge properly considered mitigation and gave full credit for guilty pleas, and therefore the aggregate sentence of 15 months imprisonment was not manifestly excessive and the appeal was dismissed.
23 Jul 2021
The Court fixed the starting point for the ACM van aggravated robbery at seven years (reduced from a previously higher starting point in light of authority), declined to increase the uplifts despite the reduced starting point, set combined starting points of 11 years for Williams and 10 years for Emery, allowed a 10% reduction for s27 background factors for each and an additional 5% for Williams' demonstrated rehabilitative efforts, resulting in effective sentences of nine years four months for Williams and nine years for Emery, with minimum periods of imprisonment of 50% (4 years 8 months an…
4 Sept 2020
The High Court held the sentence was not manifestly excessive: the global starting point of three years was within range given the planning, determination, entry to a rural residential property and the effort to access a firearm; discounts granted (approximately six months for guilty pleas and four months for cooperation) were appropriate and the judge correctly declined remorse credit; appeal dismissed and sentence of two years two months affirmed.
16 Jul 2020
The eight month uplift for driving while disqualified was excessive given the offences arose from the same actions and should have been no more than two months; the uplift for previous convictions was disproportionate and should be reduced from six to four months (25% uplift); the 10% discount for s27 personal factors was appropriately applied; result was to quash the 20 month sentence and substitute a 14 month imprisonment term for the lead offence.
2 Oct 2019
The High Court allowed the appeal in part, holding the District Court erred in declining any youth discount; a 15% youth discount was appropriate despite findings of antisocial personality disorder, the burglary starting point was not out of range, and the substituted global sentence is one year and ten months' imprisonment after applying the youth discount and the guilty plea discount.