Fernando, Cecil George v The Queen

Fernando, Cecil George, appealed against his conviction and sentence for assault occasioning actual bodily harm, involving the commission of a larceny while disguised with intent to commit the offence. The appeal was heard by the Court of Appeal, which had to consider the severity of the offence, the appellant's criminal history, his alcohol abuse, and the potential for rehabilitation. The court was tasked with determining whether the sentence imposed was appropriate given the appellant's extensive criminal record and the need for community protection. Additionally, the court needed to assess the relevance of specific deterrence and whether there were special circumstances that warranted a review of the sentence.

The court examined the appellant's extensive criminal history and his failure to undertake rehabilitation despite previous opportunities. The appellant had pleaded guilty to the offence, resisted police, and had a history of alcohol abuse. While the appellant had commenced a rehabilitation course while in custody, the court had to determine the weight to be given to this factor. The court considered the need for specific deterrence given the appellant's propensity to reoffend. It also assessed whether the sentence imposed adequately protected the community and if there were any special circumstances that warranted a review of the sentence.

The court concluded that the sentence imposed was appropriate in light of the appellant's criminal history and the need for community protection. However, it noted the appellant's undertaking of a rehabilitation program in custody as a positive step. The court found that specific deterrence was relevant given the appellant's history of reoffending. While there were special circumstances, such as the appellant's alcohol abuse, these did not warrant a review of the sentence. The court adjourned the appeal for a month to seek information about residential rehabilitation options, indicating that further rehabilitation could be a factor in future sentencing considerations.