Karui v The Queen

The appeal in *Karui v The Queen* was brought by the appellant against a sentence imposed by the Supreme Court of the Northern Territory. The appellant had been convicted of attempted sexual intercourse with a 15-year-old girl. The grounds of appeal included that the sentence was manifestly excessive.

The Court of Criminal Appeal was required to determine whether the original sentence was demonstrably too severe, constituting a manifest excess. Additionally, the Court considered its power to amend a sentence to correct an arithmetical error, particularly after leave to appeal had been granted, and whether such a power was derived from inherent or implied jurisdiction or the 'slip' rule under section 112 of the *Sentencing Act 1995* (NT).

The Court found that the original sentence was indeed a manifest excess and allowed the appeal. In re-sentencing, the Court applied principles of sentencing, considering the gravity of the offence and the need for deterrence and punishment, while also taking into account mitigating factors. The Court exercised its power to amend the sentence, effectively correcting what it perceived as an error in the original sentencing determination.

Consequently, the Court of Criminal Appeal allowed the appeal, set aside the original sentence of eight years and one month imprisonment with a non-parole period of six years, and imposed a new sentence of six years and four months imprisonment with a non-parole period of four years, backdated to 1 November 2011.