Millard v Pomeroy

The appeal was brought by Millard against the sentence imposed by Pomeroy, a magistrate, in the Magistrates' Court of Victoria. The appellant, Millard, was sentenced for using a postal service to menace, contrary to s 471.12 of the Criminal Code Act 1995 (Cth). Millard appealed the sentence on the grounds that it was manifestly excessive, particularly considering his mental impairment or illness. The appeal also questioned whether the sentencing magistrate was required to articulate a discount or reduce the sentence by virtue of Millard's mental disability.

The court examined whether the sentence imposed was manifestly excessive, particularly in light of the appellant's mental condition, which was a mandatory consideration under s 16A(2)(m) of the Crimes Act. The court noted that the sentencing magistrate had carefully considered the appellant's mental and physical disabilities, including a significant cognitive disability, and the impact of these disabilities on the crime. The magistrate also took into account the appellant's criminal antecedents and the specific nature of the offence. The court concluded that the sentence imposed was not outside any established range and demonstrated a degree of leniency given the separate nature of the offence from the one for which the appellant had already been sentenced. The court also found that the magistrate had properly considered the appellant's mental condition as required by law.

The appeal was dismissed, and the sentence of the Magistrates' Court was confirmed. The sentence for the offence of using a postal service to menace was four months’ imprisonment, commencing on 12 August 2022 and ending on 11 December 2022. The court held that no error was established in the magistrate's consideration of the appellant's mental impairment or in the overall sentence imposed.