Director of Public Prosecutions v Fletcher-Jones

The Director of Public Prosecutions appealed against the sentence imposed on the respondent, Fletcher-Jones, who had been convicted of armed robbery. The robbery involved the use of a shotgun, which discharged during the commission of the offence. The appeal was heard by the Supreme Court of Tasmania, comprising Blow CJ, Geason J, and Martin AJ.

The central legal issue before the Court was whether the sentence of three years' imprisonment with a non-parole period of two years, imposed by the sentencing judge, was manifestly inadequate in the circumstances of the armed robbery.

The Court reasoned that the sentencing judge had failed to give sufficient weight to the objective seriousness of the offence, particularly the use of a firearm that discharged. This factor significantly increased the objective gravity of the armed robbery. The Court applied the principle that sentences must reflect the seriousness of the offence and deter others from committing similar crimes. In this instance, the sentence imposed did not adequately reflect the gravity of the armed robbery, especially considering the discharge of the shotgun, which posed a significant risk of serious injury or death.

Consequently, the Court found the original sentence to be manifestly inadequate and allowed the appeal. The Court resentenced Fletcher-Jones to a term of imprisonment of five years with a non-parole period of three years.