Eav v Commissioner of Police

The appellant, Eav, appealed against the sentence imposed by the Magistrates' Court of Victoria, which found him guilty of a breach of a domestic and family violence protection order. The appellant was sentenced to three months imprisonment, wholly suspended with an operational period of 12 months. The primary legal issue was whether the sentence was manifestly excessive or inadequate, considering the appellant's cooperation with the police and participation in an anger management program, along with his previous breaches of the domestic violence protection order. Another consideration was whether community-based orders were considered and if the learned magistrate failed to take into account the particular circumstances of the offence.

The Court found that the sentence imposed was manifestly excessive. The appellant had taken steps to address his issues, including participating in an anger management program, and had been cooperative with the police. The Court also noted that the appellant had previous breaches of the domestic violence protection order, but this alone did not warrant a custodial sentence. The Court concluded that community-based orders would be more appropriate, taking into account the appellant's particular circumstances and his efforts to address his issues. The appeal was granted, and the sentence was set aside, with the appellant to be re-sentenced to 18 months' probation with special conditions and 100 hours of community service, with no conviction recorded. Additionally, the Commissioner of Police was ordered to pay $1800.00 in costs.