Auld v The Queen

The appellant, Auld, appealed against a sentence imposed by the District Court of New South Wales. The appeal concerned both the overall length of the sentence and the apportionment of that sentence into a non-parole period and a parole period. The Court of Criminal Appeal of New South Wales was required to determine whether the sentence was manifestly excessive and whether a shorter non-parole period was warranted.

The Court considered whether the sentence imposed fell outside the range of a proper sentencing discretion. It also examined whether the specific apportionment of the sentence into a non-parole period and a parole period was justified in the circumstances of the offending and the offender.

The Court found that the sentence imposed was not manifestly excessive and was within the proper exercise of the sentencing judge's discretion. Furthermore, the Court determined that a shorter non-parole period was not warranted or justified. Accordingly, the appeal was dismissed.