R v Hammond

The accused, in this case, was prosecuted for two offences: an attempted aggravated break and enter, and an aggravated break and enter and commit serious indictable offence. The court considered the matter in the County Court of Victoria. The appellant appealed the sentences imposed, arguing that the trial judge failed to consider the impact of previously undisclosed sexual abuse while in juvenile detention when determining the length of the sentences and finding of special circumstances.

The court considered whether the trial judge erred in failing to consider the impact of the sexual abuse on the appellant's offending behaviour and whether this constituted a special circumstance warranting a reduction in the length of the sentences. The court found that the trial judge had considered the impact of the sexual abuse on the appellant's offending behaviour but had not considered it as a special circumstance warranting a reduction in the length of the sentences. The court found that the trial judge erred in failing to consider the impact of the sexual abuse as a special circumstance.

The court allowed the appeal and quashed the sentences imposed by the trial judge. The court ordered that the appellant be re-sentenced, taking into account the impact of the sexual abuse as a special circumstance. The court noted that the appellant's offending behaviour was influenced by the sexual abuse and that this should be considered when determining the length of the sentences. The court found that the appropriate sentences for the appellant were a fixed term of 15 months imprisonment for the offence of attempted aggravated break and enter and a term of 3 years imprisonment with a non-parole period of 18 months for the offence of aggravated break and enter and commit serious indictable offence.