R v Hatten

The appellant, Hatten, was convicted of assault and stabbing a woman in bushland. The appellant had previous convictions for rape and assault. The sentencing judge imposed an indefinite sentence on the basis of psychiatric and psychological evidence that the appellant was a serious danger to the community. The judge also imposed a nominal sentence of 15 years. The appellant appealed against the sentence, arguing that the sentencing judge failed to have regard to the protective effect of the nominal sentence in considering the risk to the community.

The court had to determine whether the sentencing judge failed to have regard to the protective effect of the nominal sentence in considering the risk to the community. The court noted that the sentencing judge had considered the appellant's previous convictions and the psychiatric and psychological evidence in imposing the sentence. However, the court held that the sentencing judge failed to have regard to the protective effect of the nominal sentence in considering the risk to the community. The court held that the sentencing judge should have considered the nominal sentence as a factor in determining the risk to the community.

The court granted leave to appeal against the sentence. The court allowed the appeal and set aside the sentence. The court remitted the matter to the Trial Division of the Supreme Court for a hearing de novo of the sentence to be imposed. The court held that the sentencing judge failed to have regard to the protective effect of the nominal sentence in considering the risk to the community. The court held that the sentencing judge should have considered the nominal sentence as a factor in determining the risk to the community. The court held that the sentence was manifestly excessive and should be set aside.