MEG v Commissioner of Police

MEG was convicted of two charges relating to breaches of a domestic violence order and appealed against the sentence imposed by the magistrate. The appeal was heard in the Supreme Court of Victoria. The appellant pleaded guilty to both charges, however, they challenged the severity of the sentences imposed by the magistrate. The court was required to determine whether the magistrate erred in imposing a six-month sentence for the first charge and a four-month sentence for the second charge. The appellant argued that the magistrate misapplied their discretion by adopting a foreclosed view in respect of an identified sentencing option and failed to invite further submissions prior to sentencing.

The court found that the magistrate erred in adopting a foreclosed view and failed to invite further submissions prior to sentencing. The court held that the magistrate should have considered all available sentencing options, including a lesser sentence, before imposing the six-month and four-month sentences. The court further found that the magistrate should have invited further submissions from the appellant before imposing the sentences. As a result, the appeal was allowed, and the magistrate's orders were set aside. In lieu of those orders, the appellant was sentenced to two months imprisonment on both charges. The court held that the sentence was sufficient to achieve the objectives of denunciation, deterrence, and rehabilitation, while also taking into account the appellant's guilty plea and the circumstances of the case.