McLeod v The Queen

This matter concerned an appeal against sentence brought by the appellant, McLeod, against the respondent, The Queen. The appeal was heard by Elkaim, Mossop JJ and Robinson AJ.

The central legal issue before the Court was whether the primary judge had erred in treating the appellant's failure to repay stolen money as an aggravating factor when assessing the objective seriousness of the offence.

The Court reasoned that the failure to repay stolen property is a relevant consideration in assessing the objective seriousness of an offence, particularly where the offender has had the opportunity to make restitution. This is because such a failure can indicate a lack of remorse or a continued disregard for the victim's loss. The Court found no error in the primary judge's approach and upheld the sentence imposed.

The appeal was dismissed.