McEvoy, Michelle v D.P.P

The Local Court convicted the appellant, Michelle McEvoy, of driving with intent to menace. The Director of Public Prosecutions appealed the severity of the sentence, arguing it was too lenient. McEvoy drove over several kilometres, intending to collide with the victim's vehicle, while a child was in her car. The parties had a prior relationship, and McEvoy had a history of criminal activity and serious substance abuse issues. The appeal centred on whether the sentence was appropriate given the nature and circumstances of the offence.

The court considered the seriousness of the offence, which was in the mid-range of severity. The appellant's pursuit of the victim over several kilometres and the intent to cause harm were significant factors. The presence of a child in the car and the appellant's history of drug abuse and criminal conduct were also weighed. The court determined the original sentence was too lenient and granted the appeal, imposing a more severe penalty of eight months imprisonment.

The court acknowledged the appeal and ordered the appellant to be remanded until the bail conditions were met. Bail was granted under Section 11 of the Crimes (Sentencing Procedure) Act 1999, with conditions to report on rehabilitation progress to the court. The proceedings were adjourned during the bail period to allow for this reporting.