R v Bowley

The case of R v Bowley involves an appeal against the applicant's sentences. The applicant contests the sentencing Judge's determination that the offences were committed whilst under the influence of illicit drugs, arguing this led to inadequate consideration of his mental condition as a mitigating factor. Additionally, he contends that the sentencing Judge made the finding of drug influence in breach of procedural fairness, without allowing his counsel to make submissions. Finally, he submits that the Judge erred by not accounting for non-declarable pre-sentence custody in relation to the head sentences.

The court was required to determine whether the sentencing Judge erred in concluding that the offences were committed under the influence of illicit drugs, thus not properly recognising the applicant's mental condition as a mitigating factor. It also had to assess whether the finding of drug influence was made in breach of procedural fairness, and if the Judge erred by failing to give effect to non-declarable pre-sentence custody in relation to the head sentences.

The court found that the applicant's intoxication was not in issue during the sentencing hearing, and therefore concluded there was no breach of procedural fairness. It also determined that the sentencing Judge had not properly considered the applicant's mental condition as a mitigating factor and had erred in not accounting for non-declarable pre-sentence custody in relation to the head sentences. The court granted the applicant leave to appeal against his sentences, allowed the appeal, and varied the sentences to impose shorter terms of imprisonment. Furthermore, the court set the date for the applicant's eligibility to apply for parole.

The court made the following orders: the applicant is granted leave to appeal against the sentences; the appeal is allowed; the sentences are varied to impose shorter terms of imprisonment; and the date on which the applicant is eligible to apply for parole is set as 10 March 2018.