Edmond and Moreen v The Queen

Edmond and Moreen appealed their sentences for stealing from a taxi driver. The appellants, Edmond and Moreen, were convicted of stealing from a taxi driver during the early hours of 17 October 2015. The incident involved the appellants being picked up by the victim, behaving aggressively, refusing to pay the fare, and subsequently stealing money from the driver's wallet and the taxi's console. The appeal was heard by Grant CJ, Blokland and Hiley JJ.

The central legal issue before the court was whether the sentences imposed on the appellants were manifestly excessive, considering the circumstances of the offending and the personal circumstances of each appellant. This required the court to assess the objective seriousness of the offence, taking into account factors such as the need to protect vulnerable members of the community, the fact that the theft occurred at night from a taxi driver, and the appellants' prospects of rehabilitation.

The court affirmed that the assessment of whether a sentence is manifestly excessive involves considering the maximum penalty, the offence's place on the scale of seriousness, customary sentencing standards, and the offender's personal circumstances. The court rejected the appellants' argument that the sentence was excessive due to the relatively small amount stolen, finding that the gravamen of the offence lay in the confrontation with a vulnerable individual providing a public service at night. The court also addressed the submission that the appellants' criminal histories were improperly used as an aggravating factor, clarifying that while a criminal history can influence considerations of deterrence and community protection, it should not lead to a sentence exceeding that appropriate for the instant offence. The court found that the sentencing judge had correctly considered the objective seriousness of the offence and the appellants' poor prospects of rehabilitation, concluding that the sentence was not manifestly excessive. The appeal was dismissed.