R v Dempsey and Perks; ex parte A-G

In the case of R v Dempsey and Perks; ex parte A-G, the Attorney-General of the Commonwealth sought to appeal the sentences imposed on two individuals, Dempsey and Perks, who were convicted of assault occasioning bodily harm. The sentences were nine months imprisonment, to be served by way of intensive correction orders. The legal issue before the court was whether the sentencing judge was correct in concluding that the attack did not have a racial motive and whether, in the application of the principles set out in the case of Morrison, custodial sentences should have been imposed.

The court examined the sentencing judge's reasoning and found that there was no error in the conclusion that the attack did not have a racial motive. The court also noted that the sentencing judge had considered the principles set out in Morrison and had appropriately exercised their discretion in imposing non-custodial sentences. The court held that the sentencing judge had not erred in their approach and that the sentences imposed were appropriate in the circumstances. The appeals against the sentences were therefore dismissed.