Biddle v Gatherer

Bradley Biddle (the appellant) appeals against his sentence for the offence of assault occasioning actual bodily harm, by way of joint commission, contrary to s 24 of the Crimes Act 1900 (ACT). The appellant was sentenced by Magistrate Campbell to 18 months imprisonment, consecutive on the existing sentence, with the non-parole period expiring on 6 August 2022. The appellant appealed on the ground that the magistrate erred in her application of s 64(2)(e) of the Crimes (Sentencing) Act 2005 (ACT). The relevant provision precludes the setting of a non-parole period where the offence was committed while in lawful custody. The court found that the magistrate misapplied s 64(2)(e). The matter was remitted for re-sentencing by another magistrate.