R v Gabbert

The applicant in this case, Gabbert, was convicted of two counts of unlawfully supplying the dangerous drug methylamphetamine. The sentencing judge found that Gabbert was supplying the drug commercially and took into account his significant criminal history, troubled childhood, and history of drug use. Gabbert was sentenced to two and a half years imprisonment on each count, with a parole release date of 19 December 2010. Gabbert appealed against the sentence, arguing that it was manifestly excessive.

The primary legal issue before the court was whether the sentence imposed was manifestly excessive. The court considered the principles set out in previous case law, which provide that a sentence is manifestly excessive if it is outside the range of sentences that could be regarded as reasonable in all the circumstances of the case. The court also considered the nature and circumstances of the offence, the offender’s criminal history, and any other relevant factors.

The court found that the sentence imposed was manifestly excessive. The court noted that the quantity of drugs supplied was relatively small and that the applicant had pleaded guilty and shown remorse. The court also noted that the applicant had a troubled background and had been a repeat offender. However, the court found that the sentence of two and a half years imprisonment was too severe given the circumstances of the case. The court considered that a sentence of 18 months imprisonment with a parole release date of 19 August 2010 was more appropriate.

The court allowed the appeal and set aside the sentences imposed at first instance. The court substituted for each a sentence of 18 months imprisonment with a parole release date fixed at 19 August 2010.