Brasher v Tasmania

Brasher appealed to the Full Court of the Supreme Court of Tasmania against a sentence imposed by a judge of that court. The appeal concerned charges of aggravated assault, recklessly discharging a firearm, and unlawfully injuring property, arising from an incident where the appellant shot at police officers. The original sentence was seven years' imprisonment with a parole ineligibility period of four and a half years.

The central legal issue before the Full Court was whether the sentence imposed was manifestly excessive, thereby providing grounds for interference on appeal. The court was required to consider the severity of the offences, the appellant's conduct, and the sentencing principles applicable to such matters, particularly in light of the danger posed to police officers.

The Full Court applied established principles for appellate review of sentences, focusing on whether the sentencing judge erred in principle or imposed a sentence that was demonstrably outside the range of a reasonable sentence. The court considered the gravity of discharging a firearm at police officers, the need for general deterrence, and the protection of the community. After reviewing the facts and the sentencing remarks, the court found no error in the sentencing judge's approach and concluded that the sentence was not manifestly excessive.

Consequently, the appeal was dismissed, and the original sentence was upheld.