Connelly v Tasmania

The appellant, Connelly, appealed against his sentence of 20 years' imprisonment with a non-parole period of 15 years, imposed by the Supreme Court of Tasmania for two counts of attempted murder. The appeal concerned the non-parole period, with the appellant arguing it was manifestly excessive.

The central legal issue before the Full Court of the Supreme Court of Tasmania was whether the non-parole period of 15 years was demonstrably excessive, warranting interference on appeal.

The Court allowed the appeal in relation to the non-parole period. While acknowledging the gravity of the offences, the Court found that the non-parole period of 15 years was too high and disproportionate. The Court reasoned that a lesser non-parole period would still adequately reflect the seriousness of the offending and the need for punishment and deterrence, while also allowing for the possibility of rehabilitation. Consequently, the order fixing the non-parole period at 15 years was quashed, and the appellant was made eligible for parole after serving 12 years of his head sentence.