LJS v Sweeney

The appellant, LJS, appealed against the sentence imposed by the Magistrates Court in relation to breaches of domestic violence orders and other offences. The appeal was heard by the court, which was required to determine whether the sentence imposed was manifestly excessive in light of comparable decisions. The respondent conceded the appeal. The court noted that the appellant had a significant criminal history, including convictions for domestic violence offences, and had breached multiple domestic violence orders. However, the court also considered the appellant's personal circumstances, including his age, health, and prospects for rehabilitation. The court held that the sentence imposed by the Magistrates Court was manifestly excessive, particularly in relation to the two breaches of domestic violence orders. The court varied the sentence imposed by the Magistrates Court, reducing the terms of imprisonment on each count from 3 years to 2 years, to be served concurrently with each other and concurrently with the other terms of imprisonment imposed in the Magistrates Court. The court also set aside the parole release date fixed in the Magistrates Court and fixed the appellant's parole release date as at 23 February 2017. The appeal was otherwise dismissed, and no order was made as to costs.