Day v Commissioner of Police

Day was the appellant in this case, which was heard in the Court of Appeal. The appellant had been found guilty of assault occasioning actual bodily harm, and he was appealing against the sentence imposed on him. The appellant had been sentenced to 18 months imprisonment, with parole release after one third. The appellant argued that the sentence was excessive and that the primary judge had erred in describing the violence as “gratuitous”.

The court considered the arguments presented by the appellant and the submissions made by the respondent. The court noted that the primary judge had found that the appellant had assaulted the victim in a violent manner, without any justification or provocation. The court also noted that the appellant had a history of violence, and that he had shown no remorse for his actions. The court concluded that the primary judge had not erred in describing the violence as “gratuitous”, and that the sentence imposed was appropriate in the circumstances.

The court found that the appellant's appeal against sentence should be allowed in part, and that the compensation order should be set aside. The court noted that the appellant had not provided any evidence to support his claim for compensation, and that the primary judge had not erred in rejecting this claim. The court upheld the sentence imposed by the primary judge, but set aside the compensation order.