Appeal for Excessive Sentence

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Our firm appealed on the basis that the sentence was manifestly excessive. The client was originally charged with contravening a domestic violence order and breaching a probation order.

The Magistrate sentenced our client to 3 months actual imprisonment, followed by 18 months’ probation. The client had already served 52 days in pre-sentence custody, but had been ordered to serve a further 38 days as a result of the sentence.

Our firm appealed the sentence as excessive and outlined that the Magistrate had made errors by referring to cases without providing specific details to the solicitor advocate during legal arguments. We also applied to a separate Magistrate for appeal bail on the basis that the client had good prospects on appeal to be released immediately. The bail application was granted and the client was released from custody pending the hearing of the appeal in the District Court.

At the appeal, the District Court judge agreed that the Magistrate had erred in not providing the details of the case referred to, and that the sentence was manifestly excessive. The original sentence was set aside; the client was re-sentenced to a head sentence of three months’ imprisonment, to be released immediately on parole after the time already served.


Client represented by: Sean Gibbs

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