Braslin and Cowen v Tasmania

Braslin and Cowen appealed against sentences of imprisonment imposed by the Supreme Court of Tasmania following their convictions for aggravated armed robbery. The robbery involved the use of a stolen vehicle, which was subsequently destroyed by fire.

The central legal issues before the Full Court of the Supreme Court of Tasmania were whether the sentences imposed were manifestly excessive, particularly in light of the offenders' youthfulness and the potential for rehabilitation, contrasted with the seriousness of the crime committed.

The Court acknowledged the principle that youthfulness is a significant factor in sentencing, generally favouring rehabilitation. However, it also recognised that where a young offender behaves as an adult in committing a serious crime, this mitigating factor may be outweighed by the gravity of the offence and the need for general deterrence. The Court considered the specific circumstances of the aggravated armed robbery, including the use of a stolen vehicle and its subsequent destruction, in assessing the overall culpability of the appellants. The Court found that the sentences imposed were not manifestly excessive, taking into account all relevant factors.

The appeals were dismissed.