R v Drever

The appeal concerned a sentence imposed on the appellant, Mr Drever, who had pleaded guilty to three counts of refusing to answer questions at an Australian Crime Commission examination, contrary to section 30(2) of the *Australian Crime Commission Act 2002* (Cth). The primary judge had sentenced Mr Drever to 12 months imprisonment, with a direction that he be released after serving six months upon entering into a recognisance to be of good behaviour for two years. This sentence was ordered to commence upon the expiry of an existing state non-parole period of two years and eight months. The appeal was heard by Duggan, Gray, and Kelly JJ of the Supreme Court of South Australia.

The central legal issue before the Full Court was whether the six-month period Mr Drever was ordered to serve in custody was manifestly excessive, and whether his claimed fear of information leaks provided a sufficient explanation for his offending that warranted a shorter period of imprisonment. Mr Drever contended that the six-month term was disproportionate to the gravity of his offences and the circumstances surrounding them.

The Full Court dismissed the appeal. The judges analysed the sentencing remarks of the primary judge and concluded that due consideration had been given to all relevant matters, including Mr Drever's antecedents and the specific circumstances of his offending. The court found that the direction for release after six months was not an inappropriate exercise of the sentencing judge's discretion, and that any perceived difference in the length of custody compared to other offenders for similar offences did not render the sentence inappropriate or manifestly excessive.