Islam v The Queen

Islam appealed against a sentence imposed by the District Court of New South Wales for the offence of recklessly inflicting grievous bodily harm. The appeal concerned whether the sentence was manifestly excessive and whether the sentencing judge made errors of fact or law in arriving at the sentence.

The Court of Appeal was required to determine several issues, including whether the sentencing judge erred by taking into account an incomplete pre-sentence report, by considering irrelevant factors, or by failing to consider relevant factors. The court also considered the assistance to be provided to self-represented litigants and whether the sentencing judge erred in the calculation of the sentence.

The Court of Appeal dismissed the appeal. The judges found no error in the sentencing judgment, concluding that the sentence imposed was not manifestly excessive and that the sentencing judge had properly considered all relevant factors and applied the correct legal principles.