Leighton v The Queen

Leighton appealed against the sentence imposed by the District Court of New South Wales. The appeal concerned the severity of the sentence and an application to adduce further evidence.

The primary legal issues before the Court of Appeal were whether the sentence imposed was manifestly excessive, and whether the applicant had satisfied the stringent criteria for the admission of fresh evidence on appeal, as established in *Verdins v The Queen*.

The Court of Appeal considered the principles governing appeals against sentence, noting that an appellant must demonstrate that the sentence is so disproportionate to the offending as to be unreasonable. Regarding the application for further evidence, the Court applied the established thresholds, requiring the evidence to be relevant, credible, and likely to have had a significant impact on the sentence imposed at trial. After careful consideration of the evidence presented and the submissions of the parties, the Court found that neither the sentence was manifestly excessive nor were the criteria for admitting further evidence satisfied.

Consequently, the appeal was dismissed, and the sentences imposed by the District Court were confirmed.