DPP v Adajian

In the case of the Director of Public Prosecutions v Adajian, the respondent, who had been convicted of murder, attempted murder, and armed robbery, appealed the sentence imposed by the lower court. The appeal was focused on the sentencing for the crime of attempted murder and whether the sentence was manifestly inadequate. Additionally, the case raised questions about the applicability of double jeopardy principles and the criteria for determining the non-parole period under the Sentencing Act 1991.

The primary legal issues the court needed to address were whether the judge was constrained to deny eligibility for parole, the adequacy of the sentence for attempted murder, and the principles guiding the determination of the non-parole period. The court examined the statutory framework provided by section 11(1) of the Sentencing Act 1991 and assessed whether the sentence for attempted murder was disproportionately lenient when compared to the gravity of the crime.

The court concluded that the sentence imposed for the attempted murder was indeed manifestly inadequate. It found that the sentencing judge had not sufficiently considered the principles guiding the determination of a non-parole period, particularly the need to ensure the sentence reflects the seriousness of the offence. The court held that the judge was not strictly bound by the double jeopardy principle when reassessing the sentence. It determined that the appropriate non-parole period should be fixed, taking into account the severity of the attempted murder and the need for general deterrence. The court ordered a new sentencing hearing to address these considerations.

The final orders included a direction for a new sentencing hearing to impose an appropriate sentence for the attempted murder, ensuring that it aligns with the statutory principles and reflects the seriousness of the offence. The court also clarified the principles for determining the non-parole period, emphasising the need for proportionality and general deterrence in sentencing.