R v Edie

The applicant in this matter appealed against the sentence handed down by the District Court, arguing that it was manifestly excessive. The applicant had pleaded guilty to 141 offences over an 18-month period, mostly burglaries, while on bail and probation. The court had given the applicant a head sentence of seven years and four months, with no recommendation for post-prison community based release. The applicant's youth and cooperation with authorities were considered in his favour. The court was required to determine whether the sentence was manifestly excessive in all the circumstances.

The court considered relevant legislation and previous cases in its decision. It noted that the applicant's youth and cooperation with authorities were mitigating factors, but also considered the seriousness of the offences and the need for deterrence. The court found that the sentence was excessive and allowed the appeal in part. The court set aside the District Court's declaration relating to time spent in custody and directed that the applicant had been in pre-sentence custody for a total of 590 days. The court also added a recommendation for post-prison community based release after one year and four months of the sentence.

The appeal was allowed in part and the sentence was modified. The court declared that the applicant had been in pre-sentence custody for a total of 590 days and directed that no time was to be taken as imprisonment already served. The court also added a recommendation for post-prison community based release after one year and four months of the sentence. The registrar was directed to advise the chief executive of corrective services in writing of these declarations and their details.