Fares v Director of Public Prosecutions (No 2)

The appeal in *Fares v Director of Public Prosecutions (No 2)* concerned a challenge to a sentence imposed on the appellant for attempting to obtain a financial advantage by deception. The appeal was heard by McCallum CJ, Baker and Taylor JJ.

The central legal issues before the Court were whether the sentence imposed was manifestly excessive, whether the primary judge erred by failing to consider the appellant's suitability for an intensive correction order, and whether the disparity between the appellant's sentence and that of a co-offender gave rise to a justifiable sense of grievance. The Court was also asked to consider whether the primary judge had provided adequate reasons for their decision.

The Court found no grounds to establish that the sentence was manifestly excessive or that the primary judge had erred in their sentencing considerations. The differences between the legislative frameworks in the ACT and NSW regarding intensive correction orders were noted, but did not provide a basis for the appeal. Consequently, the appeal was dismissed.