Lozanovski v R

The case of Lozanovski v R was heard in the High Court of Australia. The applicant, Mr. Lozanovski, sought to challenge the length of his sentence on the basis that he was not given credit for his prior good character. The central dispute revolved around whether the sentencing court's failure to consider and acknowledge the applicant's prior good character constituted a manifest excess in the sentencing process.

The legal issues before the court included the necessity for a finding of prior good character in sentencing and the extent to which the absence of such a finding could be considered a manifest excess. Additionally, the court examined whether the sentencing court’s failure to make such a finding warranted a review of the sentence under the accumulation principle, which requires a consideration of all relevant mitigating factors.

In delivering the judgment, the court held that a sentencing court must consider and make a finding regarding a defendant’s prior good character, particularly in cases where the absence of such a finding could significantly impact the sentence. The court concluded that the failure to acknowledge the applicant's good character was a material error that constituted a manifest excess. Consequently, the sentence was deemed to be manifestly excessive, warranting a review and potential reduction. The court ordered a review of the sentence to ensure that the applicant’s prior good character was appropriately considered in determining the appropriate length of the sentence.