Bieljok v The Queen

The applicant, Bieljok, appealed against his sentence, which was imposed following his pleas of guilty to two charges of attempted armed robbery and a breach of a Community Correction Order. The Court of Appeal was tasked with determining whether the sentence was manifestly excessive. The sentence imposed was six months' imprisonment for the theft of a motor vehicle, which was re-sentenced under the Sentencing Act 1991. The original Community Correction Order was cancelled, and the applicant was sentenced to a total of two years and nine months imprisonment, with a non-parole period of 18 months. Bieljok argued that both the new sentence for the theft of the motor vehicle and the total effective sentence were manifestly excessive.

The court considered the principle of totality, taking into account the applicant's age, disadvantaged background, and mild intellectual disability. It was noted that the applicant had previously been subject to a Community Correction Order for a separate offence, which he breached by committing the current offences. The court also noted that the applicant had a history of offending behaviour and had not responded well to previous attempts at rehabilitation. The court found that the sentence imposed was not manifestly excessive, taking into account the principle of totality and the need to protect the community.

The court dismissed the application for leave to appeal, finding that the sentence imposed was not manifestly excessive. The court noted that the applicant had a history of offending behaviour and had not responded well to previous attempts at rehabilitation. The court found that the sentence imposed was appropriate, taking into account the principle of totality and the need to protect the community. The court also noted that the applicant had a disadvantaged background and a mild intellectual disability, but these factors did not outweigh the seriousness of the offences committed. The court found that the sentence imposed was not manifestly excessive and dismissed the application for leave to appeal.