Fernandez v The Queen

The case of Fernandez v The Queen involved the appellant who was convicted of trafficking methylamphetamine, common assault, and stalking. The victim of the stalking was the appellant's former girlfriend, Yasmine Ng. The appellant was sentenced to 42 months’ imprisonment for trafficking and 20 months’ imprisonment for stalking. The appellant appealed against the sentences, arguing that they were manifestly excessive. The appeal was heard by the court.

The legal issues that the court was required to decide were whether the sentence of 42 months’ imprisonment for trafficking and the sentence of 20 months’ imprisonment for stalking were manifestly excessive. The court had to consider the nature and circumstances of the offences, the appellant’s criminal history, and any other relevant factors in determining whether the sentences were appropriate. The court also had to consider whether the sentences were cumulative or concurrent.

The court found that the sentence of 42 months’ imprisonment for trafficking was manifestly excessive, taking into account the appellant’s role as a user/dealer and the fact that the offence was committed while on bail. The court also found that the sentence of 20 months’ imprisonment for stalking was manifestly excessive, given the appellant's history of possessive and volatile behaviour towards the victim. The court substituted a sentence of nine months’ imprisonment for the stalking charge, to be served cumulatively with the sentence for trafficking, resulting in a total effective sentence of four years’ imprisonment, with a non-parole period of two years and six months.

In conclusion, the appeal was allowed, and the appellant was resentenced to a total effective sentence of four years’ imprisonment, with a non-parole period of two years and six months. The court confirmed all other ancillary orders made by the County Court.