Director of Public Prosecutions (Acting) v Foster

The Director of Public Prosecutions (Acting) appealed against the sentence imposed on the respondent, Mr Foster, for an attempted armed robbery. The offence involved an attempt to rob a bank teller at gunpoint, which was abandoned before any money was taken. The appeal was heard by Blow CJ, Porter and Pearce JJ.

The central legal issue before the court was whether the original sentence of 20½ months' imprisonment with a 14-month parole ineligibility period was manifestly excessive or inadequate, thereby justifying interference on appeal.

The Court of Appeal allowed the appeal, finding the original sentence to be inadequate. Their Honours reasoned that the sentence did not adequately reflect the seriousness of the attempted armed robbery, particularly given the use of a firearm and the potential for significant harm. The court considered the need for general deterrence and the protection of the public. Consequently, the original sentence was quashed and replaced with a sentence of 3 years and 3 months' imprisonment, with a parole ineligibility period of 20 months. A portion of this sentence was ordered to be served concurrently with other sentences the respondent was serving, while the balance was to be cumulative.