R v DBU

The matter before the court was an appeal against sentence by the applicant, DBU, who was convicted of armed robbery and assault occasioning bodily harm while armed. The applicant was sentenced to 18 months' detention for armed robbery and six months' detention for the assault, to be served concurrently. The sentences were to be served for 50 per cent of their terms, and convictions were recorded for both offences.

The legal issue before the court was whether the recording of convictions together with the imposition of a period of detention rendered the sentences manifestly excessive. The applicant argued that the recording of convictions was disproportionate to the sentences imposed, and that the sentences were therefore manifestly excessive.

The court found that the recording of convictions together with the imposition of a period of detention rendered the sentences manifestly excessive. The court noted that the applicant had no prior criminal history and that the sentences imposed were relatively short. The court also noted that the applicant had already served a significant portion of the sentences imposed. The court concluded that the recording of convictions was disproportionate to the sentences imposed and that the sentences were therefore manifestly excessive.

The court granted the applicant's application for leave to appeal against sentence and allowed the appeal. The court set aside the sentences to the extent that convictions were recorded and ordered that no convictions be recorded. The court's orders were that the application for leave to appeal against sentence be granted, the appeal be allowed, the sentences be set aside to the extent that convictions were recorded, and no convictions be recorded.