Goodman v Commissioner of Police

Goodman appealed against the sentence imposed by the Magistrates' Court, arguing that the decision was an error of law. Goodman pleaded guilty to one count of assault occasioning bodily harm whilst armed with an offensive weapon and one count of trespass. Goodman was sentenced to actual incarceration, despite being the mother of an infant, breastfeeding, and having a deprived background. Goodman argued that the Magistrate did not provide any explanation for why actual incarceration was appropriate, nor did the Magistrate refer to any cases in support of the sentence.

The legal issues before the court were whether the sentence was manifestly excessive, whether the Magistrate failed to consider the mitigating circumstances, and whether the Magistrate failed to have regard to section 93(3) of the Penalties and Sentences Act. Additionally, the court considered whether section 222 of the Justices Act supports error of law as a ground of appeal, and whether a literal approach of section 222 is adopted. The court held that the appeal was valid and that the sentence was manifestly excessive. The court found that the Magistrate failed to consider the mitigating circumstances and failed to have regard to section 93(3) of the Penalties and Sentences Act. The court also found that section 222 of the Justices Act supports error of law as a ground of appeal, and that a literal approach of section 222 is adopted. The court found that there was an error of law in the sentence imposed by the Magistrate.

The court allowed the appeal and re-sentenced Goodman. Goodman was sentenced to 12 months imprisonment, suspended after serving 16 days with an operational period of two years for the offence of assault occasioning bodily harm whilst armed with an offensive weapon. Goodman was also sentenced to a period of probation for two years on the usual conditions and ordered to report to the probation service at Mornington Island. The sentence of a $300 fine with respect to the offence of trespass was revoked. The court declared 16 days between 4 July and 20 July 2017 as time served for the purposes of the sentence imposed for the assault occasioning bodily harm whilst armed with an offensive weapon.