Christopher Guy v Kristy Anderson and Erin Alexandra Telford (No 2)

Case

[2013] ACTSC 245

15 November 2013


Details
AGLC Case Decision Date
Christopher Guy v Kristy Anderson and Erin Alexandra Telford (No 2) [2013] ACTSC 245 [2013] ACTSC 245 15 November 2013

CaseChat Overview and Summary

In this matter, the respondent was appealing against the sentence imposed on the appellant, who was convicted of breaching a good behaviour order. The appellant had previously been convicted of domestic violence offences. The appellant was found guilty of the offence of breaching the order and was sentenced to imprisonment for 12 months, with a non-parole period of six months. The respondent appealed against the severity of the sentence.

The legal issues before the court were whether the sentence was manifestly excessive and whether the primary judge had erred in failing to consider the appellant's prospects of rehabilitation. The court was required to determine whether the sentence was appropriate in the circumstances of the case.

The court found that the sentence was not manifestly excessive, and the primary judge had appropriately considered the appellant's prospects of rehabilitation. The court noted that the appellant had a history of domestic violence offences, and the breach of the good behaviour order was a serious matter. The court also noted that the appellant had shown a willingness to participate in rehabilitation programs. The court found that the primary judge had appropriately balanced the relevant factors in imposing the sentence. The appeal was dismissed.

The court did not make any orders in relation to the appeal. The sentence imposed by the primary judge remains in place.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Sentencing

Actions
Download as PDF Download as Word Document

Most Recent Citation
Amos v McCarron [2017] ACTSC 6

Cases Citing This Decision

8

Amos v McCarron [2017] ACTSC 6
R v Christopher Martin Guy [2015] ACTSC 237
R v T M [2014] ACTSC 394
Cases Cited

3

Statutory Material Cited

4

Guy v Anderson [2013] ACTSC 5
Saga v Reid [2010] ACTSC 59
Du Randt v R [2008] NSWCCA 121