PTR v Tasmania

The appeal concerned the sentence imposed on PTR, who pleaded guilty to a charge of aggravated assault. The sentencing judge imposed a term of imprisonment and made an order under the *Community Protection (Offender Reporting) Act 2005* (Tas) requiring PTR to report to police for a period of 15 years. PTR appealed against both the custodial sentence and the length of the reporting order. The appeal was heard by Crawford CJ, Blow and Tennent JJ.

The central legal issues before the Full Court were whether the custodial sentence was manifestly excessive, and whether the 15-year reporting order was disproportionate to the offending and the assessed risk of re-offending, thereby constituting an error of law. The Court also considered whether to admit fresh evidence on appeal, which related to PTR's circumstances at the time of sentencing and was unlikely to have affected the original sentencing decision.

The Court found that the sentencing judge had not erred in imposing the custodial sentence, which was considered appropriate given the gravity of the offence. However, the Court determined that the 15-year reporting order was disproportionate. Applying the principles of proportionality and considering the specific circumstances of the offender and the assessed risk, the Court concluded that the length of the order was excessive. The Court also declined to admit the fresh evidence, finding it was available at the time of sentence and unlikely to have altered the outcome.

Consequently, the Full Court varied the sentence by reducing the period of the reporting order to five years. The custodial sentence was otherwise affirmed.