R v Best

The appeal concerned the sentencing of the appellant, R, by a sentencing judge. The dispute revolved around the appropriate sentences for multiple offences, including trafficking, firearms offences, and breaches of bail and intervention orders. The appeal was heard by Stanley, Parker, and Lovell JJ.

The primary legal issue before the appellate court was whether the original sentencing judge had erred in imposing the sentences, particularly concerning the cumulative and concurrent nature of the sentences and the overall length of the custodial term and non-parole period. The court was required to determine if the sentencing judge had properly applied the principles of sentencing, including deterrence, and whether the sentences imposed were manifestly excessive or otherwise unjust.

The court allowed the appeal on the first ground, setting aside the original sentence for the trafficking offence. The court reasoned that a revised sentence was necessary to reflect the gravity of the offences and to achieve appropriate sentencing objectives. The court imposed a sentence of 21 months and three weeks for trafficking, 14 months and two weeks for the firearms offences, and two weeks and six days for the breach offences. The breach sentence was to be served concurrently with the trafficking sentence, while the firearms sentence was to be served cumulatively with the trafficking sentence. A non-parole period of 18 months was fixed, and all sentences and the non-parole period were backdated to 27 April 2016. The prohibition on holding a firearms licence was upheld.