Corrigan v Kirkman

The respondents, Corrigan and Kirkman, appealed against their sentences imposed by the County Court of Victoria. Corrigan and Kirkman were convicted of aggravated common assault, breaches of violence restraining orders and breaches of protective bail conditions. Corrigan was sentenced to imprisonment and Kirkman was sentenced to imprisonment followed by a period of supervised release. The respondents argued that their sentences were manifestly excessive and that the total sentence imposed was contrary to the first limb of the totality principle. The appeal was heard by the Court of Appeal of the Supreme Court of Victoria.

The court considered whether the sentences for each offence were manifestly excessive and whether the total sentence was contrary to the first limb of the totality principle. The court noted that the trial judge had taken into account the time spent in custody when imposing the sentences. The court held that the individual sentences were not manifestly excessive and that the total sentence was not contrary to the first limb of the totality principle.

The court found that the trial judge had considered the principles of sentencing and had given appropriate weight to the aggravating and mitigating factors. The court held that the sentences were not manifestly excessive and that the total sentence was not contrary to the first limb of the totality principle. The appeal was dismissed.

No orders were made as the appeal was dismissed.