Kajevic v Noble

The appellant, Milan Kajevic, appealed against the sentence imposed by the Magistrate for the offence of unauthorised possession of prohibited firearms, arguing that the sentence was manifestly excessive. The Supreme Court of the Australian Capital Territory found that the sentence was indeed manifestly excessive and allowed the appeal. The court re-sentenced the appellant to a term of 22 months imprisonment, suspended after serving 6 months, upon the appellant entering into a Good Behaviour Order for a period of 2 years. The court considered the objective seriousness of the offence, the appellant's subjective circumstances, and current sentencing practice in reaching its decision. The court found that the original sentence was more than undoubtedly stern, it was manifestly excessive, and that the appeal court would have imposed a different sentence. The court concluded that the difference between the original sentence and the re-sentence bespeaks misapplication of principle, warranting appellate intervention.