Massie v The Queen

Massie appealed against a sentence imposed by the Supreme Court of the Northern Territory for an offence under s 154(1) of the *Criminal Code* (NT). The Crown cross-appealed against the sentence.

The primary legal issue before the Court of Criminal Appeal was whether the sentence imposed was manifestly excessive, and if so, what sentence should be substituted. The court also considered the application of ss 154(2) and 154(4) of the *Criminal Code* in determining an appropriate sentence.

The Court of Criminal Appeal found that the sentencing judge had erred in their approach to sentencing, particularly in relation to the weight given to certain factors. Applying the principles established in *R v Bloomfield* and *R v Wurramara*, the court determined that the original sentence was indeed manifestly excessive. The court allowed the appeal, quashed the original sentence, and imposed a lesser sentence.