M C-N (a pseudonym) v The Queen

The appeal concerned the sentence imposed on the appellant, M C-N, by a sentencing judge. The appellant, who was self-represented, alleged that the sentence was manifestly excessive. The appeal was ultimately determined on a different ground than that initially raised by the appellant.

The central legal issue before the Court of Appeal was whether an error made by the sentencing judge in imposing a suspended sentence enlivened the principles established in *Kentwell*. Specifically, the Court had to determine if this error caused the sentence to miscarry.

The Court reasoned that the sentencing judge had indeed made an error in the imposition of the suspended sentence. This error was found to be of a nature that caused the sentence to miscarry, thereby enlivening the *Kentwell* principles. The Court applied the principles of sentencing review, considering whether the error was significant enough to warrant intervention.

The Court of Appeal allowed the appeal, quashed the original sentence, and remitted the matter for resentencing.