Doherty v The Queen

Doherty appealed against his sentence for burglary, making threats to kill, common assault, and criminal damage. The sentencing judge imposed a total effective sentence of 4 years and 3 months' imprisonment, with a non-parole period of 2 years and 5 months. The central issue before the court was whether the sentencing judge erred in considering the forgiveness shown by the victim, and whether the total effective sentence was manifestly excessive.

The court examined the sentencing judge's treatment of the issue of forgiveness. It found that while the judge had acknowledged the victim's forgiveness, he did not attribute undue weight to it. The court concluded that the judge had appropriately balanced the mitigating factor of forgiveness against the seriousness of the offending. The court also considered the objective seriousness of the offences. It found that the offending was serious, involving a breach of home, threats to kill, and physical assault. The court held that the sentence imposed was not manifestly excessive, taking into account the totality of the offending and the need for general deterrence.

In light of the above, the court dismissed the appeal. The court found that the sentencing judge had not erred in his consideration of the issue of forgiveness, and that the total effective sentence was not manifestly excessive. The seriousness of the offending and the need for general deterrence justified the sentence imposed.