ML v The Queen

The appellant, ML, appealed against sentences of detention imposed by the Supreme Court of the Northern Territory for aggravated robbery and unlawful entry. The appeal also concerned sentences imposed for breaches of good behaviour orders made by the Youth Justice Court. ML argued that the sentence for aggravated robbery was manifestly excessive, and that the Supreme Court had erred in resentencing him for the breaches of good behaviour orders.

The legal issues before the Court of Criminal Appeal were whether the sentence for aggravated robbery was manifestly excessive, and whether the sentencing judge had erred in resentencing the appellant for breaches of good behaviour orders made by the Youth Justice Court, particularly in relation to the application of section 15 of the Sentencing Act and the power to resentence under section 121(6) of the Youth Justice Act.

The Court found that the 33-month sentence for aggravated robbery was manifestly excessive, considering the appellant's age (16 at the time of the offence) and his moral culpability within the group of offenders. While the unlawful entry sentence was not deemed excessive, the overall sentence was considered too severe. The Court also determined that the sentencing judge had erred in principle by purporting to resentence the appellant for breaches of good behaviour orders under the Sentencing Act, as that section did not apply to orders made by the Youth Justice Court. However, the Court held that it had the power to resentence under section 121(6) of the Youth Justice Act.

Consequently, the appeal was allowed. The Court resentenced the appellant to a less severe period of detention, reflecting the errors identified in the original sentencing.