Buddle v The Queen

The appellant, Buddle, appealed against his sentence to the Supreme Court of Tasmania. The dispute concerned the severity of the sentences imposed upon him for offences relating to accessing and possessing child pornography material.

The primary legal issue before the Court was whether the sentences imposed were manifestly excessive, thereby justifying interference on appeal.

The Court allowed the appeal, finding the original sentences to be excessive. It quashed the sentence of 18 months' imprisonment on count 1, which had allowed for release on recognizance after 12 months. Instead, the Court resentenced the appellant on count 1 to nine months' imprisonment, to be served concurrently with the 12-month sentence on count 2. The appellant was to be released after serving six months of the sentence on count 1, subject to entering into a recognizance of $1,000 for good behaviour for two years. The Court also confirmed eligibility for parole after serving six months of the sentence on count 2.