R v Harris

This matter concerned an appeal against sentence brought by the Crown. The appeal court comprised Livesey P, Lovell and Bleby JJ.

The central legal issue before the Court was whether material error had been established to justify appellate intervention on a Crown appeal against sentence, specifically concerning the failure to record a conviction.

The Court reasoned that while material error had been established, this alone was insufficient to warrant intervention on a prosecution appeal against sentence. The Court applied the principle that intervention is only justified where the sentence is so low and disproportionate to the seriousness of the offending and the circumstances of the offender that it undermines public confidence in the administration of justice. The Court noted that the prosecution's submissions before the sentencing judge were not markedly different from those made on appeal, and that the sentencing judge had only considered the option of imposing a bond under s 97, which was not the focus of the present application.

The Court concluded that the failure to record a conviction did not result in a sentence that undermined public confidence in the administration of justice, and therefore dismissed the application for permission to appeal sentence.