Manyathela v The Queen

Manyathela appealed against a sentence imposed by Nield AJ for attempting to possess a marketable quantity of an unlawfully imported border controlled drug. The appeal was heard by Refshauge, Penfold and Burns JJ in the Supreme Court of the Australian Capital Territory.

The primary legal issues before the Court were whether the sentence imposed was manifestly excessive and whether there was an unjustifiable disparity between the sentence received by the appellant and those of his co-offenders. The Court was also required to determine the appropriate sentence upon re-sentencing.

The Court upheld the appeal, confirming the conviction but setting aside the original sentence and non-parole period. In re-sentencing, the Court applied principles relating to the assessment of sentences for drug offences, taking into account the appellant's plea of guilty. The Court considered the disparity in sentences between co-offenders, noting that while parity is not an absolute requirement, significant differences warrant close scrutiny. The Court ultimately imposed a sentence of six years imprisonment, to commence from the date of the original sentence, and reduced the term to account for the guilty plea. The appellant was to be released upon providing security by recognisance, subject to a two-year and six-month good behaviour period.