Goundar v Goddard

The appellant, Krishna Goundar, appealed against a condition of a good behaviour order imposed on him by the Magistrates Court of the Australian Capital Territory (ACT). The appeal was brought under section 208(1)(e)(ii) of the Magistrates Court Act 1930 (ACT). The sole issue in the appeal was whether the imposition of probation supervision for a period of 18 months was unnecessary and excessive. The appellant submitted that the condition was not necessary or appropriate for the offence and his background. The respondent argued that family violence was a serious matter and that the sentence was not manifestly excessive.

Refshauge J considered the matter and concluded that the offence was at the lower end of seriousness and the appellant had good character and no prior criminal record. The court found that supervision was not ordinarily seen as part of the deterrent component of sentencing and was regarded as rehabilitation. The court found that no particular justification was offered for the 18-month period of supervision. The court set aside the condition of the good behaviour order and replaced it with a requirement to attend certain counselling and report to the registrar of the Supreme Court. The court was confident that this was sufficient in the circumstances.