R v Eveleigh

The applicant, Eveleigh, appealed against the sentence imposed by the lower court for stealing $87,900 from her employer. The applicant was sentenced to four years imprisonment with parole eligibility after 14 months. The applicant was 22 at the time of the offence and had a gambling addiction. The applicant pleaded guilty to stealing as a servant property valued at over $5,000. The sentencing judge did not state that he took into account the plea of guilty when sentencing the applicant but fixed an early parole eligibility date.

The primary legal issues the court had to address were whether the sentence imposed was manifestly excessive, and whether the failure of the sentencing judge to state that he took into account the plea of guilty when sentencing the applicant affected the sentence given to the applicant. The court also considered whether the sentence was inadequate.

The court held that the sentence was not manifestly excessive, as the applicant had committed a serious offence. The court also held that the failure of the sentencing judge to state that he took into account the plea of guilty when sentencing the applicant did not affect the sentence given to the applicant, as the sentence was within the range of appropriate sentences for the offence. The court held that the sentence was adequate and dismissed the application.

The court refused the application. The applicant was not granted a new trial or a reduction in sentence.