Im v McDevitt [No 1]

Im brought an appeal against their sentence before the court. The appellant was sentenced to 26 months imprisonment with 15 months in full-time custody before the sentence is suspended. The appellant submitted that the term of imprisonment was manifestly excessive. The court was required to determine whether the sentence imposed was manifestly excessive and whether the appeal should be upheld.

The court noted that the appellant was a juvenile offender with good prospects of rehabilitation. The appellant was 17 years of age at the time of sentencing and had no previous convictions. The court considered that the term of imprisonment was manifestly excessive given the appellant's age, prospects of rehabilitation, and the importance of rehabilitating young offenders. The court found that the sentence imposed interfered with the discretion of the court below and held that the appeal should be upheld. The court held that the appellant will be re-sentenced.

The appeal was upheld and the appellant will be re-sentenced. No further orders were made.